1. The subject of visitation right is divorced parents and their children, and the party directly raising the children should cooperate.
2. The exercise of visitation right means that the subject who enjoys visitation right carries out the substantive content of the divorce judgment that the people's court has entered into force or the agreement that both parties have entered into force.
3. Termination of visitation rights. The exercise of visiting rights is based on the premise that it is conducive to the healthy growth of minors. If the party directly raising the children thinks that the exercise of visiting rights is harmful or not conducive to the healthy growth of minors, it may apply to the people's court for termination of visiting rights. If the people's court considers that the facts exist after examination, it may suspend its right to visit. After the situation that is not conducive to the healthy growth of minors disappears, both parties may be notified to restore the right to visit.
4. Restore visitation rights, that is, after the suspension disappears, the people's court informs both parties to continue to execute the effective divorce judgment.
5. the way to visit. At present, one of the ways to realize children's visiting right is short and flexible visiting. One is to stay, usually for a long time, and the time and place can be agreed by parents' agreement or court judgment.
6. Visiting hours, visiting methods and visiting hours can be agreed by the divorced parties. If negotiation fails, the people's court may make a judgment.
What's the law about visitation right?
Visiting right, also known as meeting and communication right, refers to the right of short-term visit, contact, meeting, communication and life for minor children enjoyed by fathers or mothers who do not directly raise their children after divorce.
The "visiting right" is different from the "visiting right", and the judicial organs have no right to "extend" the latter from the former. According to the provisions of the Civil Code, the only subject who enjoys the right to visit is the father or mother, and it must be the father or mother who does not directly raise the children after divorce. There are no other civil subjects, including grandparents, great-grandparents and great-grandparents. , enjoy this right. Comparatively speaking, grandchild and grandchild's parents should obviously have greater decision-making power on whether to allow visits, because they are guardians and caregivers, belonging to the category of guardianship, and should usually have the right to decide who to visit.
legal ground
civil law
Article 1086 After divorce, the spouse who does not directly raise the children has the right to visit the children, and the other spouse has the obligation to help.
The way and time of exercising the visiting right shall be agreed by the parties; If the agreement fails, the people's court shall make a judgment.
If parents visit their children, which is not conducive to their physical and mental health, the people's court shall suspend the visit according to law; After the reasons for suspension disappear, the visit should be resumed.