(Picture from the Internet)
After the divorce of the parents,
Children are often awarded custody to one of the parents,
The parent who is not raising the child is obligated to pay child support,
At the same time, they have the right to visit their children.
If visitation rights are not realized,
Can alimony be refused on this ground?
01
Brief facts of the case
In 2020, Ma Huo and Lan Fang fell in love and lived together after being introduced, and gave birth to their daughter Ma Xiaole. Later, Ma Huo and Lan Fang broke up due to a broken relationship. The issue of the custody of the daughter has become the main contradiction between the two.
In June 2023, in order to resolve the dispute over Ma Xiaole's custody and alimony, Ma Huo filed a lawsuit with the Shanglin County People's Court.
After trial, the court ascertained the facts, and combined with Ma Huo and Lan Fang's ability to raise and the child's growth environment, it believed that Ma Xiaole was more suitable to live with Ma Huo, and ruled that Ma Xiaole should be directly raised by Ma Huo, and Lan Fang should pay 1,000 yuan per month in child support and enjoy the right to visit.
02
Court enforcement
After the judgment took effect, due to Lan Fang's delay in paying Ma Xiaole's child support, Ma Huo applied to the court for enforcement.
After accepting the case, the enforcement judge found that there were deposits in the bank account in the name of Lan Fang, the person subject to enforcement, through the enforcement investigation and control system, so he took measures to freeze his bank account.
In order to resolve the conflict and dispute and achieve a genuine settlement between the two parties, the enforcement judge took the initiative to contact Lan Fang after freezing the bank account and summoned her to appear in court for mediation in accordance with the law.
Lan Fang said that she loves her daughter very much and is willing to pay child support. But since Ma Xiaole lived with Ma Huo, Ma Huo and his family have been preventing her from meeting her daughter, and her legal right to visit her has not been realized. In desperation, she could only threaten to "refuse to pay child support if she can't see her daughter".
After learning of this situation, the enforcement judge calmed Lan Fang's emotions on the one hand, and on the other hand, explained in detail the legal consequences that would arise from refusing to perform the effective judgment, the payment of alimony and visitation rights, and other related legal issues.
Regarding Lan Fang's inability to visit the child, the enforcement judge suggested that Lan Fang could apply to the court to enforce the right of visitation, and the court would coordinate the time and place of the two parties to visit the child.
Under the judge's explanation of the law, Lan Fang expressed her willingness to pay Ma Xiaole's child support. (All names in the article have been changed)
03
What the judge said
According to article 1086 of the Civil Code, after divorce, the parent who does not directly raise the child has the right to visit the child, and the other parent has the obligation to assist.
The parent who does not directly raise the child is to pay attention to the child's life, education, health, and so forth through regular or irregular visits, to make up for the lack of companionship with the child during non-visiting periods, to enhance family exchanges, and to promote the child's physical and mental health.
Giving the parent who does not directly raise the child the right to visit is not only an important way for parents to care for their children, but also a requirement for the healthy growth of children.
When exercising visitation rights, it is necessary to proceed from aspects such as being conducive to the healthy growth of the children and respecting the wishes of the children themselves, so as not to affect the normal life of the children.
The payment of maintenance is a legal obligation of the parent who is not directly raising the child, and it is also the legal right of the parent to visit the child. If the visitation right is not realized, you can file a lawsuit with the court or apply for enforcement, and resolve it through judicial channels, and coordinate the time and place of visitation to realize the visitation right.
The failure of visitation rights does not constitute a statutory ground for the cancellation of the payment of child support. Lan Fang refused to pay child support on the grounds that she could not see her daughter, and did not take the initiative to perform the effective judgment, which harmed Ma Huo's legitimate rights and interests. Therefore, Ma Huo can apply to the court for enforcement to ensure that the effective judgment can be fulfilled, so as to protect his legitimate rights and interests.
If Lan Fang fails to realize the right of visitation, she can also apply to the court for enforcement according to the content of the effective judgment, so as to realize the right of visitation.
Source: Guangxi Rule of Law Daily Shanglin Court
Author: Zhou Jing
Editor: Gui Xiaowen
Proofreading: Yu Yue
Preliminary review: Wu Bin
Re-examiner: Geng Boying
Final review: Zhuo Xiaoyang
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