Is preventing visitation after divorce illegal? | iGuide

Is it illegal to prohibit child visitation after divorce? 1

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Is it illegal to prevent visiting your child after divorce in Vietnam?

This article will help you understand whether preventing visitation rights after divorce violates Vietnamese law. From the rights protected by the law to the legal consequences that may arise from violation, the article provides a comprehensive view to protect the rights of both parents and children in post-divorce situations.

According to Article 58 of the 2014 Law on Marriage and Family, the rights and obligations of parents and children after divorce are specifically stipulated in Articles 81, 82, 83, and 84 of the 2014 Law on Marriage and Family as follows:

The right, obligation to care for, nurture, educate children after divorce under Article 81 of the 2014 Law on Marriage and Family:

Article 81. Caring for, nurturing, educating children after divorce

1. After divorce, parents still have the right and obligation to care for, nurture, and educate minor children, children who have become legally incapacitated, or those who are unable to work and do not have the means to support themselves as stipulated in this Law, the Civil Code, and other related laws.

2. The spouse agree on who will directly care for, the obligations and rights of each party after divorce regarding the children; in case of disagreement, the Court shall decide to assign the child to one of the parents based on the child's interests in all aspects; if the child is seven years old or older, the child's wishes must be considered.

3. Children under 36 months old are entrusted to the mother for direct care, except when the mother is unable to directly care for, nurture, educate the child, or the parents have a different agreement that is in the child's best interests.

* If the mother does not directly care for the child after divorce, the rights and obligations of the mother are stipulated in Article 82 of the 2014 Law on Marriage and Family as follows:

- A parent who does not directly care for the child has the duty to respect the child's right to live with the caregiver.

- A parent who does not directly care for the child has the duty to provide support for the child.

- After divorce, a parent who does not directly care for the child has the right and obligation to visit the child without interference. A parent who does not directly care for the child should not abuse visitation rights to obstruct or negatively impact the care, nurture, education of the child, in which case the caregiver has the right to request the Court to restrict the visitation rights of that parent.

* The obligations of the father as the direct caregiver of the child toward the mother who is not the direct caregiver are stipulated in Article 83 of the 2014 Law on Marriage and Family as follows:

- A parent who is the direct caregiver of the child has the right to request the parent who is not the direct caregiver to fulfill the obligations stipulated in Article 82 of the 2014 Law on Marriage and Family; request the parent who is not the direct caregiver and their family members to respect the child's right to be raised by them.

- A parent who is the direct caregiver of the child and their family members should not interfere with the parent who is not the direct caregiver in visiting, caring for, nurturing, educating the child.

Therefore, based on the above provisions, after divorce, even without custody rights and obligations, parents still have the right to take and pick up minor children, children who have become legally incapacitated, or those who are unable to work and do not have the means to support themselves.