During periods of marital separation or divorce proceedings, children often live with one parent. In practice, the parent with primary custody may, for various reasons, obstruct or refuse the other parent's request to see the child. The parent whose visitation rights have been violated often finds themselves trapped in a lengthy legal waiting period, during which the parent-child relationship suffers significant harm. So, aside from pursuing legal action, are there more expedient avenues for obtaining relief?

  The answer is yes. The "Interpretation (II) of the Supreme People's Court on the Application of the Marriage and Family Chapter of the Civil Code of the People's Republic of China (Draft for Comment)" issued in 2024, as well as the earlier "Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China," both address the application of injunctive orders or behavioral preservation measures in disputes concerning visitation rights. Although these relevant provisions are still being refined, judicial practice has gradually recognized that when a visitation right is subject to imminent infringement or faces such risk, the rights holder may apply for a behavioral preservation measure, requesting the court to issue an order prohibiting the other party from engaging in any behavior that would obstruct the exercise of the visitation right, or to temporarily determine the timing and manner of the visitation.

  Pursuant to Article 103 of the Civil Procedure Law of the People's Republic of China, where a case may involve situations in which a judgment could become difficult to enforce or cause other harm to any party due to the actions of one party or other reasons, the people's court, upon application by the opposing party, may issue a ruling ordering such party to perform specific acts or prohibiting it from performing specific acts. Disputes over visitation rights precisely align with this characteristic. When one party persistently obstructs visitation, it not only infringes upon the other party's parental rights but may also adversely affect the physical and mental health of the child; furthermore, such harm is characterized by its persistence and urgency.

  Applying for behavioral preservation offers several significant advantages. First is its efficiency: compared with litigation procedures that can span several months, once a People's Court accepts an application, it must issue a ruling within 48 hours in cases involving urgent circumstances. This enables the timely cessation of infringing acts and helps stabilize parent-child relationships. Second is its deterrent effect: court rulings possess enforceable force; if the respondent violates such a ruling, they may face legal consequences such as fines or detention, thereby effectively compelling them to fulfill their obligation to assist in visitation arrangements.

  When filing a petition, the applicant must provide the court with sufficient evidence to prove the following facts: first, that a legal relationship regarding visitation rights exists between the parties; this typically requires the submission of a divorce certificate, a divorce judgment, or a mediation agreement; if the proceedings are underway in a litigation case, the applicant shall submit a case acceptance notice; second, that the opposing party has engaged in specific acts of obstructing or hindering the visitation rights, such as WeChat chat records, call recordings, or witness statements; third, that such conduct is currently ongoing or imminent, thereby causing irreparable harm to the legitimate rights and interests of the applicant.

  Of course, it should be noted that behavioral interim measures are merely a temporary form of relief; the ultimate exercise of the visitation right must still be determined through substantive litigation. However, before the outcome of such litigation is finalized, this mechanism provides an effective legal channel for anxious parents to safeguard their familial bonds – a value that should not be overlooked.