Penalty for Obstructing Child Visitation After Divorce

Obstruction of child visitation after divorce often occurs when a custodial parent does not want the other parent to maintain contact, care, or emotional connection with a child. For that reason, child care and upbringing remain matters of significant concern under Vietnamese law. Contact Apolo Lawyers – Solicitors & Litigators via Hotline (+84) 903 419 479 or Email contact@apolo.com.vn for quick and effective support. 

1. What Is Obstruction of Child Visitation?

Obstruction of child visitation refers to conduct in which a father or mother intentionally prevents, restricts, or creates difficulties for the other parent in exercising visitation, care, and communication with a child after divorce.

Under Clause 3 Article 82 of the Law on Marriage and Family 2014, a parent without direct child custody still holds both the right and the obligation to visit and maintain contact with a child.

In practice, obstruction of child visitation may occur through several forms, including:

• Refusal to allow a parent to meet a child according to agreement or according to a court decision
• Creating pressure or preventing communication between a child and a non-custodial parent
• Taking a child to another location in order to avoid visitation
• Encouraging or forcing a child to refuse contact with a father or mother

Obstruction of child visitation not only affects parental rights but also creates negative psychological impacts on child development.

Penalty for Obstructing Child Visitation After Divorce

2. Is Obstruction of Child Visitation Subject to Penalty?

Under current Vietnamese law, obstruction of child visitation may lead to administrative penalties.

Pursuant to Article 56 of Decree No. 144/2021/ND-CP on administrative penalties in the fields of security, public order, social safety, prevention and control of social evils, fire prevention and firefighting, rescue operations, and prevention and control of domestic violence, a person who obstructs child visitation may be subject to a monetary fine ranging from VND 5,000,000 to VND 10,000,000.

In addition, when obstruction of child visitation occurs repeatedly or causes serious consequences, the affected parent may request intervention from a competent court.

A court may apply several measures, including:

• Ordering termination of conduct that obstructs child visitation
• Requiring a custodial parent to create conditions for visitation by the other parent
• Considering modification of child custody arrangements when obstruction seriously affects child welfare

Therefore, obstruction of child visitation not only violates legal regulations but may also result in significant legal consequences for the violating party.

3. What To Do When Child Visitation Is Obstructed

When obstruction of child visitation occurs, a non-custodial parent may employ several measures to protect legitimate rights and interests.

After divorce, both parents may communicate and negotiate in order to resolve disagreements and minimize psychological impact on a child. When negotiation does not produce a solution, the affected parent may submit a request to a competent authority or file a petition with a court for the protection of lawful rights.

In situations where obstruction occurs repeatedly and causes serious harm to the lawful rights and interests of a child, a court may reconsider a prior decision regarding direct child custody. Such a review serves as a legal measure to ensure protection of the best interests of a child.

In conclusion, a custodial parent after divorce does not hold authority to obstruct child visitation by the other parent. Such conduct constitutes a violation of legal regulations and may lead to administrative penalties under Vietnamese law. After divorce, both parents should respect mutual parental rights and responsibilities in child care in order to ensure healthy and comprehensive development of a child.

Penalty for Obstructing Child Visitation After Divorce

4. Legal services Apolo Lawyers provide for divorce cases

Apolo Lawyers – Solicitors & Litigators offers comprehensive legal services designed to help clients achieve a fast divorce while safeguarding their rights and interests. Our services include:

• Consulting on mutual consent and unilateral divorce procedures;

• Reviewing, drafting, and organizing all required divorce documents;

• Representing clients during negotiations on property division and child custody;

• Advising on financial settlements, spousal support, and child support;

• Assisting with recognition and enforcement of foreign divorce judgments in Vietnam;

• Representing clients before the People Court in divorce proceedings;

• Supporting post-divorce procedures, such as civil status registration updates.

With a team of experienced and dedicated lawyers, Apolo Lawyers is committed to guiding you through each stage of the divorce process, ensuring legal compliance and helping you resolve your case as quickly and smoothly as possible.

Divorce is quite a complicated procedure. If you still have any questions, do not hesitate to contact Apolo Lawyers – Solicitors & Litigators. Hotline: (+84) 903. 419. 479 and Email contact@apolo.com.vn to be supported and helped in the most optimal way.

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