Learn how children aged seven or older may express custody wishes in Vietnam and why their views are considered alongside their overall best interests.
Legal Grounds for Child Custody in Vietnam
Under Article 81 of the Law on Marriage and Family 2014, when parents divorce, they are encouraged to agree on who will directly raise the child: "Upon divorce, parents shall agree upon the person directly raising the child, and the obligations and rights of each party toward the child." If no agreement is reached, the court shall decide based on what is in the child overall best interests including physical, mental, emotional, and educational development.
Do Children Have the Right to Choose?
Yes, but with important limitations. The child right to express their wish is recognized only from the age of 7. Clause 2, Article 81 states: "If the child is full 7 years old or older, the court shall consider the child wishes."
This means, the child opinion must be heard, but The court is not obliged to follow the child choice if it conflicts with their best interests. So, while children can express their preference, this is not a deciding right, but merely one of several factors the court takes into account.
Key Factors Courts Consider When Deciding Custody
Vietnamese courts assess a wide range of elements, including: The emotional relationship between the child and each parent; Financial stability and living conditions of each parent; Parental care capacity, employment status, and lifestyle; Any history of domestic violence, abuse, or neglect; The child wishes, if they are at least 7 years old
Only when the parent chosen by the child is proven to provide a safe, stable, and nurturing environment will the court likely grant custody accordingly.
What Should Parents Do in Custody Disputes?
Parents involved in custody conflicts should: Avoid influencing or coercing the child decision; Respect the child mental and emotional needs; Cooperate with the court process; Present strong evidence proving their capacity to care for the child; Consult with a qualified family lawyer to protect both parental rights and the child welfare
How legal support can help
In Vietnam, children aged 7 or older have the legal right to express their preference regarding custody after their parents divorce. However, this does not guarantee that the court will follow the child choice. The final decision always rests with the judge, based on a comprehensive evaluation of what best serves the child long-term well being.
If you are facing a child custody issue, it is essential to seek professional legal advice to navigate the complexities of Vietnamese family law.
- Advice on the right to request the Court to settle divorce;
- Advising on conciliation procedures at the grassroots level;
- Advise on divorce proceedings;
- Advising on grounds for divorce;
- Advising on regulations on consent divorce and divorce at the request of one party;
- Advice on principles of the property division upon divorce and procedures for property division;
- Advice on divorce settlement procedures at the Court.
>>> Read more: Property division after divorce in Vietnam according to the latest regulation in 2023
>>> Read more: Dividing land use rights in case of divorce
Keep the child’s interests central
Under Article 81 of the Law on Marriage and Family 2014, a child under 36 months is ordinarily placed with the mother, except where she lacks the conditions for direct care or the parents agree otherwise consistently with the child’s interests. For a child aged seven or older, the court must consider the child’s wishes alongside the child’s overall welfare.
Discuss your next steps
For advice on the issues discussed in this guide, ask Jurion & Partners to review your circumstances and explain the appropriate legal options before you take the next step.
