Author: Dao Hua Marriage and Family Law FirmDate: 2026-08-24Reads:times
After a divorce, custody is awarded to one party, while the other party is legally entitled to visitation rights with the child; however, in practice, many custodial parents may refuse visitation due to accumulated resentment, or even block the other parent's contact information or conceal the child. The right to visitation is protected by law; if one parent fails to cooperate, the other parent is not without recourse and may seek legal remedies in accordance with the law.

According to Article 1086 of the Civil Code, the father or mother who does not have direct custody of the child after a divorce has the right to visit the child, and the other parent has the obligation to assist in this regard. The manner and timing of exercising the visitation rights shall be agreed upon by the parties; if no agreement can be reached, the People's Court shall render a judgment. The visitation right is a statutory right that neither party may deprive without authorization.
Where one party refuses to fulfill its obligation to assist in the exercise of visitation rights, the other party may apply to the People's Court for compulsory enforcement. It is important to note that visitation rights involve a personal nature and are distinct from general property enforcement proceedings; therefore, the court cannot directly impose compulsory measures on the child. Instead, the court may employ various means to ensure compliance—such as issuing a notice of compliance to the party that refuses to comply, providing admonitory or educational measures, or imposing penalties such as fines or detention on the party that fails to comply; in serious cases, the party may also be included in the list of dishonest persons.
In practice, courts typically adopt a more flexible approach, first engaging in mediation and providing legal explanations to persuade both parties to cooperate on visitation arrangements in the best interests of the children. If one party maliciously obstructs these arrangements without justifiable reason, and the circumstances are serious, the other party may apply to modify the custody arrangement; in such cases, the court may grant the request depending on the specific circumstances.
Prior to applying for compulsory enforcement, evidence of the other party's refusal to grant visitation rights—such as records of declined phone calls, chat logs, or testimony regarding the refusal to pick up or drop off the other party—should be collected and submitted to the court that issued the divorce judgment or mediation agreement, along with a clear visitation plan. It is also important to not e that the prerequisite for enforcement is the existence of a clear agreement or judicial ruling regarding visitation rights; if no such agreement exists, a plan for determining visitation rights should first be established through a separate litigation proceeding.
It is particularly important to note that if the primary caregiver argues that the other party's visitation rights would be detrimental to the child's physical or mental well-being—for example, if the other party is engaged in behaviors such as abuse, gambling, or alcohol abuse—the primary caregiver may petition the court to suspend such visitation rights. However, the primary caregiver must provide su fficient evidence; the court will then decide whether to grant the suspension after conducting a lawful review of the evidence.
It is also important to note that the exercise of visitation rights should be centered on the best interests of the child; the timing and manner of visitation should take into account the child's daily routine and academic schedule as much as possible, to avoid disrupting the child's normal life. The parent with primary custody should also have a proper understanding of visitation rights, recognizing that visitation contributes to the child's physical and mental well-being; cooperating with visitation is not only an obligation but also aligns with the child's long-term best interests.
At the same time, the resolution of visitation rights disputes should take into account both the best interests of the children and the emotional well-being of the parents. The law encourages both parties to set aside past grievances and approach visitation arrangements rationally, thereby creating a healthy environment for the children's growth and development. When both parties can reach an agreement on a visitation plan through negotiation or mediation, this approach is often more beneficial for the children's physical and mental well-being than resorting to litigation and enforcement proceedings.
In conclusion, visiting children is a statutory right; if one parent refuses to cooperate, the other parent may apply for compulsory enforcement, and the court may take measures such as issuing reminders or imposing penalties; in serious cases, the alteration of custody may also be considered. To safeguard the children's stable living conditions, it is advisable for both parents to engage in rational negotiations regarding the timing and manner of visitation; if negotiations fail, the matter should be resolved through legal channels – never use the children as bargaining chips to harm each other.
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