Problems in the exercise of the right of visitation
Problems in the exercise of the right of visitation
In the case of a divorce, the right of visitation, also called the right to visit, means that a divorced parent who does not directly raise a child has the right to visit the child. The right of visitation involves the rights and obligations of both the parents and the child.
According to the Civil Code of the People's Republic of China, when the who does not directly raise a child requests to visit the child, the other parent who raises the child has the obligation to provide necessary assistance and shall not prevent or obstruct such visitation.
The divorced parents should agree on the time or frequency of such visits, or the visiting parent should talk to the other parent to agree on a convenient occasion for such a visit. If divorced parents cannot reach an agreement on the time, place, and manner of such visits, they may request the court to make a decision thereon.
If a parent's visits are physically or mentally harmful to the child, the other parent may request the court to make a decision to suspend the other parent's right to visit the child. In such a case, the other parent may lose his/her right of visitation. After the loss of the right of visitation, the parent shall not visit the child any more unless upon approval of the court or the other parent.
The right of visitation may be a long-term right depending on the age of the child, which means that it will not be limited by law when the child grows into maturity; provided if the child is a person without capacity or with limited capacity for civil acts, he will continue to be under custody of a parent even when he/she attain to the age of maturity (18 years according to The Civil Code), and the right to visit the child will continue to be limited by law as if the child was a minor.
The right of visitation is subject to the discretion of the child to be visited, i.e., the child, whether a minor or an adult, has the right to refuse any visit, even by their parents. A child’s right to refuse any visit should be respected, and the parents’ right of visitation may not be enforced in case of their children's refusal.
The right of visitation is apt to change due to variables. As discussed above, it may be a long-term right. And changes may occur during the term which may have an impact on its exercise. For example, change of address, migration, transfer of guardianship/custody, etc., which may frustrate the exercise of the right of visitation. The PRC law does not include applicable provisions to solve such complicated problems, and the parties who seek to exercise their right of visitation may need legal assistance from experienced divorce lawyers.
Robert Zhang 
Steve Li 