Resolving Disputes Over Child Visitation Rights After Divorce in Vietnam
In reality, following a divorce, one of the most sensitive and contentious issues between parents is the right to visit their child. Many feel obstructed, unable to see their child as agreed upon or as stated in the divorce judgment. This article provides an updated overview of Vietnamese law, how to address violations of visitation rights, and practical guidance to help protect the interests of both parents and children.
1. Legal Basis – Visitation Rights After Divorce
1.1. Content of visitation rights under current laws
According to Article 82 of the Law on Marriage and Family 2014, after a divorce, the parent who does not directly raise the child has the right to visit their child, and no one is allowed to obstruct this.
Additionally, Article 83 explicitly states that the parent who directly raises the child, as well as other family members, must not prevent the other parent from visiting, caring for, or educating the child.
However, this right is not absolute. If the non-custodial parent abuses visitation rights to interfere with the upbringing of the child or negatively affect the child’s well-being, the custodial parent has the right to request the court to restrict such visitation.
Furthermore, Article 56 of Decree 144/2021/ND-CP provides that any act of obstructing family rights (including visitation) may be subject to administrative penalties, ranging from VND 5,000,000 to 10,000,000.
1.2. When can visitation rights be restricted?
The law and related documents anticipate certain situations where visitation rights may be restricted to protect the best interests of the child, such as when the non-custodial parent:
Is convicted of crimes against the child's life, health, honor, or dignity.
Seriously violates the duties of care, upbringing, and education.
Damages the child’s property.
Leads a morally corrupt lifestyle or forces the child to engage in illegal or unethical behavior.
Abuses visitation rights to negatively influence the custodial parent.
In these cases, the Court may restrict the visitation rights of the non-custodial parent upon legitimate request.
2. Steps to Resolve Disputes Over Visitation Rights
If visitation rights are violated — for example, if you are denied access or unable to visit your child as agreed — you can take the following steps:
2.1. Mediation and civil agreement
Before going to court, try to:
Communicate calmly and directly with the other parent to arrange a practical visitation schedule, ensuring it fits the child’s school and daily routine.
If private mediation fails, involve relatives, family, or communal/ward-level mediation bodies to help both parties find common ground.
Once an agreement is reached, document it in writing, have it notarized/certified if possible, and submit a request to the Court to include it in the divorce decision for stronger legal enforcement.
Civil agreements are typically less stressful and more suitable when both parties aim to maintain a cooperative relationship for the child’s benefit.
2.2. Request for enforcement of judgment
If a divorce judgment or decision already grants visitation rights and the other party deliberately violates it, you can:
Prepare a dossier including:
A request for enforcement (form D04‑THADS),
The divorce judgment or decision,
Evidence of obstruction or violation (e.g., written records, audio/video recordings, witness statements, confirmation from local authorities).
Submit the dossier to the Civil Judgment Enforcement Office where the judgment was issued or where the violating party resides.
The enforcement agency may compel compliance or apply coercive measures where appropriate.
Note: Enforcing visitation rights is often more difficult than enforcing financial obligations, as it involves children and emotional matters. Hence, clear evidence is crucial.
2.3. File a lawsuit to change the custodial parent
If the obstruction of visitation is severe and negatively impacts the child, you may consider filing a lawsuit to change custody. Valid grounds include:
The current custodial parent is no longer capable of caring for the child (financially, health-wise, or in terms of living conditions).
New reasons or evidence show that continued custody by the current parent is not in the child’s best interest.
For children aged 7 and older, the Court will consider the child’s own wishes.
Changing custody is a significant legal step requiring a well-prepared dossier and clear reasoning, as courts prioritize the child’s psychological well-being and stability.
2.4. Request court to restrict visitation
If the non-custodial parent abuses visitation (e.g., influences the child negatively, violates agreements, removes the child without consent), you may:
Submit a request to the Court to restrict visitation rights (using the official form), along with the divorce decision and evidence of abuse.
File the request with the District People’s Court where either parent resides.
The Court will evaluate legal conditions and evidence to decide whether to approve the restriction.
3. Practical Experience & Tips
From practical experience in resolving visitation disputes, we recommend:
Gather early and thorough evidence
Statements from neighbors, local officials, or police if intervention occurred.
Messages, emails, recordings, or videos of obstructive behavior.
Written confirmation from the local People’s Committee or officials if access was denied.
Be as specific as possible in agreements
Include details on time, location, pick-up/drop-off methods, who pays travel costs, and how changes (due to illness or school schedules) will be handled.
Respect the child’s emotional needs
Never use the child as a “weapon” in disputes. Prioritize their well-being, and keep interactions with the other parent respectful and civil.
Prioritize mediation and third-party facilitation
While legal action is available, prolonged conflict can emotionally damage the child. Family mediation or a neutral third party may reduce tension.
Act quickly if rights are violated
Don’t wait too long if your rights are obstructed — file for enforcement or initiate legal proceedings promptly, before evidence becomes difficult to obtain.
Consider changing custody if necessary
If your visitation rights are severely violated or the custodial parent is unfit, don’t hesitate to seek a custody change if it benefits the child.
4. Conclusion
Disputes over visitation rights after divorce are not just legal matters between parents — they deeply affect the emotional and developmental well-being of children. Thanks to the Law on Marriage and Family (Articles 82 and 83) and Decree 144/2021/ND-CP, both parents have enforceable rights and responsibilities.
When such disputes arise, always prioritize mediation and civil agreements. If that fails, move forward with enforcement requests, custody modification lawsuits, or court-imposed visitation restrictions, depending on the circumstances. Regardless of the path, clear evidence and a mindset centered on the child’s best interests are the keys to success.
Contact DEDICA Law Firm for expert legal consultation!
📞 Hotline: (+84) 39 969 0012 (Available on WhatsApp, WeChat, and Zalo)
🏢 Head Office: 144 Vo Van Tan Street, Xuan Hoa Ward, Ho Chi Minh City (144 Vo Van Tan Street, Vo Thi Sau Ward, District 3, Ho Chi Minh City)
🕒 Business Hours: Monday – Friday (8:30 AM – 6:00 PM)
Reach out today for a free initial consultation with our team of professional lawyers!
