"Civil Code" Micro Case: After divorce, parents' visits to their children are protected by law

Micro -case

During the existence of the marriage relationship between Wang and Zhao, there was a son, and the two had a divorce procedure with the Civil Affairs Bureau because of their feelings. The divorce agreement stipulates: Wang Xiaomou was raised by his mother Zhao. After Wang and Zhao divorced, Wang repeatedly wanted to see that the child was rejected and shirked by Zhao for various reasons, obstructing Wang's visit to Wang Xiaomou. Wang believes that Zhao's behavior violates his right to visit and have children, so he sued to the court and asked the court to support his right to visit. After the court's patient persuasion and the popularization of the law, the two sides reached an consensus on Wang's visual rights.

Judge interpretation

Article 1086 of the "People's Republic of China" stipulates that after divorce, the father or mother of the child will not directly raise the children, the right to visit the children, and the other party has the obligation to assist. The way and time of exercising the right to explore the rights shall be approved by the parties; if the agreement fails, it shall be judged by the people's court. Father or mother visiting children is not conducive to their children's physical and mental health, the right to stop the visits by the people's court according to law; after the suspension of the disappearance, the right to return to visits should be restored.

In this case, although Wang and Zhao divorced, the relationship between Wang and Wang Xiaomou did not terminate the divorce of both sides. Wang, as Wang Xiaomou's father, was protected by law for Wang Xiaomou's right to visit. Zhao Mou's vision was not conducive to Wang Xiaomou's study and life, which obstructed Wang's vision. His behavior was inappropriate, and he also violated Wang's right to visit.

The harm of parents' divorce to their children is huge. Parents should work hard to minimize the damage caused by the divorce of both parties. This requires both parents to take a relaxed, gentle attitude and speech when they inform both of the children when they are divorced. It should respect and protect the other party's right to visit the children after divorce, and then make the children feel that although both parents have divorced, they did not reduce their love for themselves because of divorce.

Writer writing: Luo Lingling

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