In judicial practice, family members or relatives or friends of criminal suspects are generally not allowed to visit without a court judgment and before the judgment takes effect. Lawyers are only allowed to obtain authorization from the criminal suspect or the family members of the criminal suspect. You can visit under commission.
Parental rights are the rights and obligations of parents based on their identity. Visitation rights belong to the category of parental rights. The basis of visitation rights is the parental rights enjoyed by children over their children. The main body of their rights is the parent who does not directly raise the minor children after divorce. It is a right of identity.
In the real life, the parental care and care for minor children arise from kinship and human ethics. Sentence by courtesy, the psychological needs of parents to care for their own children have risen from the ethical level to law. As soon as the marriage relationship is terminated, as long as the right of direct custody is established and the right of visit is also established, the party who does not directly raise the child shall have the right of visit to the minor child according to law. It shall not be suspended or deprived without legal reasons.
The foundation and original intention of the right of visit are based on the premise of protecting the interests of minor children. Visitation rights originate from parental rights, but they must be different from parental rights. Therefore, the exercise of the right of visit cannot be exercised anytime, anywhere, like parental rights. Without infringing on the legitimate rights and interests of the other party and the normal life of the child, the right of visit shall be determined through consultation with the party that directly raised the child or a court decision to determine the appropriate time and appropriate place for the child to exercise. At the same time, the law also provides that when the exercise of the right of visit is not conducive to the physical and mental health of the child, the people s court has the right to suspend the exercise of the right of visit.
The right of visit is one-way. Only the parent who does not directly raise the child enjoys it. The father or mother who lives with the minor child is the obligatory subject of the right of visit, and should assist the right of visit to realize the right of visit. As for minor children, they are only the object of exercise of the right of visit, not the counterpart of the right and obligation of the right of visit. They cannot request the person of the right of visit to visit them through litigation.
In fact, from the above analysis, we can see that during the period of detention in China, it is impossible for relatives to visit. It is only when the backlog has ended that the court s judgment has been determined. Family members can go to prison for visits through other channels. If you want to spread a message during detention, you can entrust a lawyer to help convey it.