In a visitation rights dispute case in Xiamen, the court ruled that the father may visit his child 4 times per month, and the mother must cooperate.

Case Summary

Plaintiff Zhang (male) and defendant Liu (female) registered their marriage on 2019/5/20 and had a daughter, Zhang Tong, born in 2021/10/20. In 2023/12, the parties finalized their divorce through a mutual agreement at the Civil Affairs Bureau and signed a "Divorce Agreement," which stipulated that the daughter would be raised by defendant Liu, plaintiff Zhang would pay child support of 6000 yuan per month, and plaintiff Zhang retained the right to visit the child at any time. After the divorce, defendant Liu repeatedly refused plaintiff Zhang's visits to the child for various reasons. Despite multiple requests from plaintiff Zhang, all were denied; she even prevented him from speaking with or video calling his daughter. Plaintiff Zhang now files this lawsuit to exercise his visitation rights as provided by law, requesting that he be allowed to visit the child 4 times per month and that defendant Liu cooperate accordingly.

Key Dispute

1.Does the plaintiff, as the non-custodial parent, have the right to visitation?

2.Is the defendant's refusal of the plaintiff's visitation rights for the children in compliance with legal regulations?

3.Are the plaintiff's proposed visitation methods and schedule reasonable?

Case Strategy

1.Secure key evidence such as the divorce certificate, "Divorce Agreement," birth certificates, and communication records between both parties.

2.Submit evidence to prove that, in accordance with the Civil Code, after divorce, a parent who does not have direct custody of the child has the right to visitation, and the other party has the obligation to assist.

3.The evidence demonstrates that the Divorce Agreement explicitly stipulates the plaintiff's right to visit their daughter at any time. The defendant's refusal to allow such visits violates both the agreement and applicable law, infringes upon the plaintiff's visitation rights, and is detrimental to the child's well-being.

4.Considering the child's age, living conditions, and educational needs, the plaintiff requests monthly visitation rights with their daughter 4, including pick-up every Saturday and Sunday for shared living. The defendant shall cooperate. The proposed visitation schedule is reasonable and aligns with the principle of acting in the best interests of the minor child.

Processing Result

The court rules that the plaintiff, Zhang 4, shall have visitation rights to their daughter, Zhang Tong, 9 times per month starting from the effective date of this judgment. Visitation hours are from 9:00 AM on Saturdays until 5:00 PM on Sundays. The plaintiff may take the child for joint living during these periods, and the defendant, Liu, shall cooperate and assist in facilitating these visitation rights. The defendant shall bear all litigation costs.

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