If you do n’t let your children be seen after divorce, can you not give the support fee?Summary of legal knowledge of visual rights!

Legal knowledge points: According to Article 38 of the Marriage Law of the People's Republic of China, the father or mother of the children will not be directly raised after the divorce, and 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 judged by the people's court when the agreement is not completed. 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 addition, the judicial interpretation of the Marriage Law (1) Article 24 to 26, and Article 32 are also detailed regulations on the right to visit. Explore right.

Why specify the right to explore

The right to visual rights is essentially right and obligations. The right of the right to visit is the party that does not live directly with the children after divorce, that is, the party who indirectly supports; the subject of the obligations of the visual rights is One party is also the side that is directly raised. The law only provides the right to visit as a right, mainly because the party that does not live with the children after divorce, through visiting the children, can make the children get the corresponding father or mother's love, enhance the emotional needs of the children, and timely time, timely time Understanding the life and study of children, at the same time, can also conduct good education on children, reduce the impact of parents' divorce on their children, and help the physical and mental health of minor children.

How to exercise the right to visual

According to the provisions of Article 38 of the Marriage Law of the People's Republic of China, there are two ways to exercise the right of visual permission: First, when the parents divorce, the way of visiting and time is agreed in the divorce agreement. Both parents have legal binding power, and either party should exercise visits in a agreed manner. Second, if the two parties cannot reach an agreement on the children's visits, the people's court will be determined that the court will visit one party indirectly in accordance with the actual situation of the two parties, and the other party will cooperate in accordance with a certain time and way.

To prevent the exercise of the right to visit, what should I do if I do not let the child do

What should I do if I often encounter the party directly raising the child in practice. What should I do if the party who indirectly supports the child based on various reasons? There are two ways: First, if the visual rights have clearly agreed in the divorce judgment or mediation book, they can directly apply to the people's court for compulsory enforcement in accordance with Article 48 of the Marriage Law of the People's Republic of China. 2. If the two parties are agreed by the agreement, or the court does not indicate the right to visit when the court handles the divorce, according to the provisions of Article 24 of the Judicial Interpretation of the Marriage Law (1), if a lawsuit can be filed separately on the issue of visual rights. Prosecuting the people's court to realize its own right to visual visits. After the court's decision takes effect, if it is still not fulfilled, it can apply to the court for compulsory enforcement. However, in accordance with the provisions of Article 32 of the Judicial Interpretation of the Marriage Law, those who refuse to implement the judgment and decision on the visits of children and other children shall be enforced by the people's court in accordance with the law. Individuals and units take compulsory measures such as detention, fines, and cannot be enforced for their children's personal and visual behavior. It means that the children and the person who visits the rights of the visiting rights cannot be forced to arrange together, but through judicial compulsory means, the person who visits the right to the visual rights will cooperate with the visits.

Termination and recovery of visual rights

The right to visit is the statutory rights enjoyed by the divorce parents according to law, and it shall not obstruct, restrict or even deprive. However, if exercise of the right to visuality is not conducive to the physical and mental health of children, and some even seriously harm the interests of children, according to the provisions of Article 25 of the Marriage Law (1) Article 25, give the necessary restrictions on the exercise of their exploration rights. The right holder can apply to the people's court for suspended visits. For example, the person who visited the right holder has serious infectious diseases, the feelings of the children have deteriorated, and the children have a certain ability to identify their ability to visit, and have criminal behaviors of their children. The right holder can apply to the people's court for suspended visits. However, after the disappearance of the suspension of the visits, the people's court shall notify the exercise of the restoration of the right to visit in accordance with the application of the parties. The parties here can be either visual rights or visits, or they can be children or other guardians.

Is it valid for giving up the right of visual visits and not paying for the support?

In practice, such problems are often encountered, one party does not pay for the support or visits. Is this agreement valid? Of course, it is invalid. Parents' support for minor children is a legal obligation. The visits are for their children's spiritual needs, using their children's physical and mental health, and raising fees are a material guarantee for the growth of children. Essence Of course, if one party does not need to pay the support fee, the other party is possible if there is economic protection, but if the economic condition worsens, the other party can be required to pay the support fee at any time, because this agreement can be , Not legal binding

Do you not allow the tuition cost?

In practice, some parents have strong revenge or based on other reasons, that is, they do not cooperate with indirect supporters to see their children. In this case, indirect supporters are confronted by refusing to pay for the support. Is this okay? It is definitely not possible. The right to visuality is not connected with the support fee. The respective rights and obligations, each enjoyment and performance, do not fulfill the right to visit and do not pay for the support, can sue or enforce the court. The right to visit and pay for the support is the performance of the right to raise, and it is also the obligation to support. The two cannot offset each other. Therefore, parents should deal with it rationally. When the two parties agree, the precautions agreed on the right to visit

Many parties agreed on the right to visit when signing a divorce agreement, but only agreed that the two parties to negotiate separately, or the agreement was unknown, and there was no specific operability. As a result, the other party did not cooperate. Therefore, if there is no pile of trouble in the future, the indirect support of one party should be clear and specific. The most important matters for visual rights, Xiaobian summarizes these. There are mainly these: 1. The visual time must be clear. For example, on Saturdays of the week, you cannot agree on Saturday. 2. Where to visit, the location of the visit is very important, at your house, in my house, or turns, or MD, and KFC, it must be clear, otherwise the other party may find something. 3. It is also important to pick up children. If it is not to go to the child's house, who will pick up other places is a big problem. 4. How to agreed with children's transfer procedures. 6. The time to be with your children is how long the whole time of visiting is. If you just see a face, say a few words, and the raw person is just waiting to urge it. What does it mean? 7. In special circumstances, how to do the cities or children who cannot be visited in special circumstances. What should I do if the cities or children who are located directly move away from the supporter? For example, the two sides originally lived in Shenzhen and lived in the same city. Later, the other party was going to Xinjiang. What should I do? So what should be dealt with in advance, and the conditions can be agreed in advance. There are many disputes in practice. The child's mother took the child back to his hometown. 7. The other parties have special requirements. Under normal circumstances, if parents can cooperate, these are not problems, but some parents in the practice have a strong revenge and find all kinds of reason to prevent the children from seeing their children. Therefore, this detailed agreement is necessary.

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