Reader L.M. Q (in Cao Bang) asked: "My husband and I have been married for 5 years and have a daughter. We live happily, always love and give in to each other. My wife is a thoughtful woman, knows before and after, so she is loved by her husband's family. My family life can be said to be perfect if it weren't for my mistakes.
During a business trip, due to overdrinking, I developed a relationship with a woman. I was extremely remorseful and lived in a guilty mood for a whole month. I intended to "live with my stomach, carry my death with me" to maintain family happiness.
But life always has surprises. Two months after the business trip, that woman came to me and said she was pregnant. Everything was exposed, my wife did not forgive my betrayal. She moved out to live with her daughter, separated from me.
Some time later, she sent a petition to the Court to resolve the divorce and wanted to raise her daughter. Knowing that I was at fault, I agreed with her wish. I only proposed to take my daughter home to live with me at the end of each week.
However, since the divorce, she has not allowed me to see her daughter. She said that I am the one who broke up family happiness, not worthy of being a father. I know I am wrong, but I miss and want to take care of my daughter very much. What should I do to meet and pick up my daughter every weekend? Please advise me by lawyer.
Regarding the legal issue you asked, lawyer Duong Thu Hien - Thanh Lam Law Company Limited advises as follows:
Article 2 of the Law on Domestic Violence Prevention and Control 2022 stipulates: "Domestic violence is the intentional act of family members causing damage or potentially causing physical, mental, sexual, or economic damage to other family members".
- Point g, Clause 1, Article 3 of the Law on Domestic Violence Prevention and Control 2022 stipulates:
1. Domestic violence behavior:
... g) Prevent the exercise of rights and obligations in family relations between grandparents and grandchildren; between fathers, mothers and children; between husbands and wives; between brothers and sisters;...".
Clause 3, Article 82 of the 2014 Law on Marriage and Family stipulates the obligations and rights of parents not directly raising children after divorce: "3. After divorce, the person who does not directly raise children has the right and obligation to visit the child without anyone being allowed to obstruct it.
Thus, the law stipulates that the person who does not directly raise the child has the right and obligation to visit the child and no one is allowed to obstruct it. Even in the judgment and decision of the Court, it is also recorded that the party who does not directly raise the child has the right to travel and visit the common child according to the provisions of law. Even if the divorce originates from his fault, the right to be a father and the right to visit the child are not deprived, except in cases where there is a restrictive decision from the Court for the benefit of the child.
His wife's obstruction of the right to visit her daughter not only violates his rights but also negatively affects the psychology and feelings of his daughter.
To be allowed to visit his child, he needs to send a petition to the civil judgment enforcement agency where the Court issued the first-instance judgment or decision. The content of the petition requests the court to intervene and request the obstructor to stop obstructing and be allowed to visit his child according to regulations. If his wife does not voluntarily enforce it, the judgment enforcement agency will have coercive measures.
In addition, you can send a petition to the commune-level police to request handling of administrative violations in the field of domestic violence prevention and control for acts of obstructing the right to visit children according to the provisions of law.
However, in many cases, when a competent state agency is not present directly, that person continues to obstruct the right to visit the common child. To resolve it thoroughly, you need to submit a request to the Court to change the person directly raising the child to you. When submitting the application, you need to provide a basis that the person directly raising the child has committed a violation, is not qualified to directly look after, care for, nurture, and educate the child. In addition, it is necessary to submit documents related to obstructing the visit of the common child, administrative penalty decisions, documents requesting termination of the act of obstructing the visit of the child by the judgment enforcement agency with the violator...
As analyzed above, his wife's refusal to let him visit his children after the divorce is contrary to legal regulations. He has the full right to request competent authorities to intervene to protect his right to be a father.
However, before using legal measures, you and your wife should also sit down to discuss, putting the interests of your daughter first, in order to ensure a healthy development environment for your daughter.
The above is the advice of the lawyer. Hope you can solve your problems.
