The son of Lao Zhou and his wife passed away due to illness, and due to the division of compensation, the old man and his daughter-in-law had a conflict, and their visit to their grandson was refused. If the right to visitation is denied, what should the elderly do?
- Lao Zhou and his wife can go to the court to file a lawsuit and ask to exercise their visitation rights.
Article 10 of the Civil Code: Civil disputes shall be handled in accordance with the law, and where there are no provisions in the law, custom may be applied, but it shall not be contrary to public order and good customs.
Article 1041 of the Civil Code: Marriage and family are protected by the State. Protect the legitimate rights and interests of women, minors, the elderly, and the disabled.
Article 1043 of the Civil Code: Families shall establish a good family style, promote family virtues, and attach importance to the construction of family civilization. Husbands and wives should be faithful to each other, respect each other, and care for each other; family members should respect the old and love the young, help each other, and maintain equal, harmonious, and civilized marriage and family relations.
Mainland law does not explicitly state that grandparents are not entitled to visitation rights, and the intergenerational visitation of grandchildren by grandparents does not violate public order and good customs. Mr. and Mrs. Zhou can file a lawsuit in court to exercise their visitation rights. The court will make a judgment at its discretion based on the actual circumstances of both parties and the demands of the elderly.
The Civil Code - an encyclopedia of social life
Broadcast Production: Guo Lan
Article source: Original Jilin News Comprehensive Broadcasting
Editors: Guo Lan, Zixin
Review: Huai Nan
Producer: Zhao Min, Zhong Xiao
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