The right to visit children after divorce

Explore a parent's right to visit a child after divorce in Vietnam, suitable schedules, lawful restrictions and practical steps when contact is obstructed.

How Are Child Visitation Rights After Divorce Regulated by Law?

After divorce, not both parents necessarily continue to directly raise a child. Under the provisions of the Law on Marriage and Family 2014, a parent who does not directly raise a child still retains both rights and obligations related to visitation, care, and education.

Specifically, Clause 3 Article 82 of the Law on Marriage and Family 2014 provides that:

• A father or mother who does not directly raise a child has the right to visit the child, and no individual may obstruct such visitation.
• Visitation must not cause adverse effects on care, upbringing, and education of the child.

Accordingly, child visitation constitutes a lawful right protected by law and does not depend on the post-divorce relationship between former spouses.

Is Obstruction of Child Visitation Rights After Divorce Permitted?

The answer is no. Obstruction is not permitted.

According to applicable legal provisions, a parent who directly raises a child does not have authority to prohibit or obstruct visitation by the other parent, except in special cases decided by a court.

Acts such as intentionally preventing meetings with a child, deliberately concealing a child, relocating residence to avoid visitation, threatening behavior, or creating difficulties during visitation are considered violations of law and may result in administrative penalties.

In Which Cases May Child Visitation Rights Be Restricted?

The law does not absolutely prohibit child visitation. However, in certain exceptional circumstances, a court may restrict visitation rights when visitation adversely affects a child.

Pursuant to Article 85 of the Law on Marriage and Family 2014, as guided by Article 8 of Resolution No. 01/2024/NQ-HDTP effective from July 1, 2024, visitation rights may be restricted in the following cases:

• Conviction for intentional crimes infringing upon life, health, dignity, or honor of a minor child, meaning a legally effective criminal judgment under Chapter XIV of the Penal Code.
  Example: conviction for intentional infliction of injury under Article 134 of the Penal Code involving a minor child.
• Serious violation of obligations related to supervision, care, upbringing, or education of a child, resulting in serious harm to lawful rights and interests or impairment of comprehensive development.
  Example: abandonment of a minor child without living conditions, leading to theft behavior.
• Dissipation of child property, including purchase, sale, donation, destruction, or other acts causing damage to child property without serving child interests.
• Depraved lifestyle, defined as indulgent, morally corrupt behavior contrary to national customs and social ethics.
  Example: engagement in prostitution.
• Incitement or coercion of a child to commit illegal or unethical acts, through speech, gestures, or any form of inducement or compulsion.
  Example: forcing a child to drop out of school, commit theft, fraud, or transport illegal narcotics.

Restriction decisions are made by a court either on initiative or upon request by individuals, agencies, or organizations. A court may also shorten the restriction period when at least one half of the prescribed duration has been completed and prohibited conduct no longer occurs.

Legal Sanctions for Obstructing Child Visitation After Divorce

Unlawful obstruction or evasion of family obligations may attract administrative or other legal consequences when the statutory conditions are met. The applicable sanction must be checked against the law in force at the date of the conduct; older fine schedules should not be assumed to remain current.

A fine ranging from VND 5,000,000 to VND 10,000,000 applies to obstruction of visitation and care rights between grandparents and grandchildren, between parents and children, between spouses, or between siblings, except where visitation rights have been restricted by a court decision.

Accordingly, obstruction of child visitation after divorce may result in a monetary penalty within the above range.

Legal Consultation on Child Visitation Rights After Divorce

Disputes related to child visitation constitute sensitive matters that directly affect mental well-being and lawful interests of children. Legal consultation by a divorce lawyer provides assistance in:

• Clarifying legal rights and obligations
• Preparing complete documentation and evidence
• Protecting visitation rights in compliance with law
• Avoiding unnecessary legal risks

After divorce, no individual may obstruct child visitation unless a court issues a restriction decision. Acts of prohibition or deliberate interference violate legal provisions and may be subject to sanctions. In cases involving difficulties related to child visitation rights after divorce, consultation with a lawyer specializing in marriage and family law is strongly recommended to ensure timely protection of lawful interests.

How legal support can help

• Advice on the right to request the Court to settle a divorce;
• Advising on conciliation procedures at the grassroots level;
• Advice 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: Resolving Spousal Relationships in Unilateral Divorce

>>> Read more: Can a Pregnant Wife Get a Divorce in Vietnam?