Intergenerational visitation rights are no longer reserved

The third draft of the Civil Code has been submitted to the Standing Committee of the National People s Congress for review. Compared with the second draft, the third draft no longer retains the right of intergenerational visits, that is, grandparents and grandparents no longer enjoy visiting grandchildren Rights, but if they agree with the party that directly raises the children, they can visit grandchildren and grandchildren.

Article 38 [Visiting of children after divorce] After divorce, the father or mother who does not directly raise the child has the right to visit the child and the other party has the obligation to assist.

If an uncle or mother visits his or her child and is not conducive to the physical and mental health of the child, the people s court shall suspend the right to visit in accordance with the law; the right to visit shall be restored after the cause of the suspension disappears.

After a divorce, the father or mother who does not directly raise the child has the right to visit the child and the other party has the obligation to assist. The manner and time of exercising the right of visit shall be agreed by the parties, and if the agreement is not reached, the people s court shall decide.

However, if the father or mother visits their children, which is not conducive to their physical and mental health, the people s court will suspend the right to visit in accordance with the law. When the cause of the suspension disappears, the right to visit will be restored.

If it is not in the above situation, the visiting right cannot be suspended at will. Those who suspend or refuse to enforce the visiting right can apply to the court for compulsory enforcement. In addition, those who refuse to implement the judgment or ruling on visiting children will be enforced by the people s court according to law, and the individuals and units concerned shall be responsible for assisting in the execution.

The third draft of the Civil Code has been submitted to the Standing Committee of the National People s Congress for review. Compared with the second draft, the third draft no longer retains the right of intergenerational visits, that is, grandparents and grandparents no longer enjoy visiting grandchildren and grandchildren. Rights, but if they agree with the party that directly raises the children, they can visit grandchildren and grandchildren.

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