Chinese Family Law - Chinese Marriage Law - Chinese Family Lawyer

Contents

· Divorce by agreement

· Divorce litigation

· Divorce cases between
Chinese and Foreigners

· Family laws and
regulations

       Both parties and their families have to obey the provisions concerning the visitation right in the divorce agreement. However, it is common for on party to disobey the relevant provisions in practice. In this case, the opposite party has the right to go to the court for execution of the visitation right, and the court may take coercive measures to protect the opposite party’s visitation right.
Relevant case
       Mr. Zhao and Ms. Xie registered divorce by agreement by mutual consent at civil affairs bureau of XYZ District in Shanghai in June 2004. Pursuant to the divorce agreement, their son born in wedlock should be raised by Xie and Zhao should pay 1000 Yuan per month as the cost of aliments. After the completion of the divorce procedures, Zhao met with troubles concerning the execution of visitation right. Zhao had the right to visit his son at 10 a.m. on Saturdays at the odd number per month, but in the past two months, his visitation right was limited by various reasons, such as no one at Die’s home or other excuses from Xie or her parents. Finally, Zhao went to law to safeguard his visitation right.
       The People’s Court of X District in Shanghai made the judgment that Zhao has the right to visit his son twice a month in line with their divorce agreement. However, Zhao met with the same troubles of exercising his visitation right, though the written judgment took effect. Afterwards, under the suggestion of the lawyer, Zhao applied for the court’s mandatory execution and eventually met his son with the presence of the executive judge and bailiffs. Xie and her parents were criticized for setting up obstacle to Zhao’s legal visitation. Pursuant to the relevant regulations, the persons limiting the other party’s legal visitation shall be imposed a warning, a fine or even detention. Finally, Xie and her parents voluntarily confessed their faults and wrote a letter of warrant in cooperating Zhao’s legal visitation of his son. Thus, both parties’ disputes were reconciled and Zhao’s lawful rights were safeguarded.