Dispute over suspension of visitation rights in a divorce case in Fujian: Court rules to suspend the father's visitation rights.

Case Summary

Plaintiff Chen (female) and defendant Li (male) registered their marriage on 2018/5/20 and had a son, Li Xuan, on 2020/10/20. In 2022/12, they finalized their divorce at the Civil Affairs Bureau by signing a Divorce Agreement. The agreement stipulated that the minor son, Li Xuan, would be raised by plaintiff Chen, defendant Li would pay child support of 5000 yuan per month, and defendant Li was granted visitation rights to the minor son. After the divorce, during his visits, defendant Li repeatedly committed acts of domestic violence and abuse—including beating, verbal abuse, and threats—against the minor son, causing severe physical and psychological harm. The minor son has frequently pleaded with plaintiff Chen expressing his unwillingness to see defendant Li again. Plaintiff Chen has now filed suit requesting the court to suspend defendant Li's visitation rights.

Key Dispute

1.During the defendant Li's visitation with the children, did he or she commit domestic violence or abuse against them?

2.Does the plaintiff's claim to suspend the defendant's visitation rights have a legal basis?

Case Strategy

1.Secure core evidence such as the Divorce Certificate, Divorce Agreement, Child's Birth Medical Certificate, photos of children's injuries, hospital medical records, police reports, and communication records between both parties.

2.Present evidence that Defendant Li committed multiple acts of domestic violence, abuse, and intimidation against the couple's child during visitation, including beating, verbal abuse, and threats. These actions have caused severe physical and psychological harm to the child, posing a significant risk to the child's well-being.

3.Under the Civil Code, if a parent's visitation to their child is detrimental to the child's physical or mental well-being, the People's Court shall suspend such visitation in accordance with the law.

4.Resumption of visitation rights shall occur once the grounds for suspension have been eliminated.

5.The evidence proves that the defendant's domestic violence and abuse severely harm the child's physical and mental well-being. The plaintiff's request to suspend the defendant's visitation rights complies with the law and safeguards the child's healthy development.

Processing Result

The court ruled to suspend Defendant Li's visitation rights with his son, Li Xuan. The defendant shall bear all litigation costs and judicial appraisal fees for this case.

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