After the divorce, my ex-wife always made excuses not to let me take care of the children. What should I do? Can I sue in court?

If, after divorce, the party directly raising the child refuses the other party to visit the child, the rejected party may bring a lawsuit to the court. It is natural for parents to visit their children, and the court will support and make a judgment. The point is, what if the parents who raise the children don't fulfill the court decision? Although the law can be "enforced", it is difficult to achieve it in the specific implementation process, and the law is "powerless".

First, there are various reasons for refusing to visit children. Under normal circumstances, divorced couples will not refuse to visit the parent who does not directly raise the child in order to make the child grow up healthily, but there are also individual phenomena and various reasons. Some couples take their children as chips in order to get back at each other after divorce; Some ask for alimony and take their children to talk about things; Some want their children to be fully integrated into the remarried family and don't want to be disturbed by one party. They often refuse to visit by directly obstructing, hiding their children, changing their surnames, transferring schools, instigating or threatening their children.

Article 48 of the Marriage Law is enforced.

Refusing to execute judgments or rulings on alimony, alimony, alimony, property division, inheritance, visiting children, etc. It shall be enforced by the people's court according to law. The relevant individuals and units shall be responsible for assisting in the implementation.

Second, it is difficult to enforce visiting rights. The first remedy for the parties who are refused to visit is to seek legal help and bring a lawsuit to the court. After hearing the case, the court will issue a judgment and order the party directly raising the child to assist in the visit. If the other party still fails to perform the judgment of the court, the parties may apply to the court for compulsory execution. If things really need to be enforced by the court, the parties will find that the enforcement judge will find various reasons not to "cooperate" or suspend execution. Why? Difficult to implement!

1, the child refused to visit himself.

Divorce between husband and wife is mostly due to irreconcilable contradictions. After the divorce, out of revenge and hatred, the party directly raising the children instilled the other party's "evil deeds" into the slightly sensible children and instigated the children to refuse to meet each other. Some children are not familiar with their parents who are not directly raised because they have not visited for a long time. They are afraid to get along with them and refuse to be visited. If the child refuses to visit himself, the enforcement judge can't force the child!

2, have no right to force the child's personal.

According to the law, people who don't carry out court decisions can be fined and detained. What should parents who directly raise their children do if they are not afraid of fine detention? Can the judge forcibly hold the child for the other party to visit? Absolutely not! Because the father or mother did not cooperate with the visit, the child was not at fault. The law cannot restrict children's freedom and force them to cooperate with the judge. This law has clear provisions. Article 32 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China stipulates: "... children are not allowed to visit, and the original husband and wife have many contradictions. The executive judge will not add fuel to the fire, and then impose fines and detention, which will create new obstacles for both parties.

3. The law cannot force people other than children to be raised directly.

After divorce, children are often raised by grandparents. If these elderly people raised on their behalf directly obstruct visits, the law basically does nothing. Because according to the law, the father or mother who directly raised the child has the obligation to assist in visiting, and the old man who raised it on his behalf did not make this obligation clear, so the executive judge will not hear it.

4. It is difficult to implement it repeatedly for a long time.

What if the parents who are directly raising their children, due to the influence of the law, assist in one or two visits and refuse to cooperate after receiving the court judgment or execution document? The parties have also been applied for enforcement by the court. If they disagree with the execution, they must go to court again. Repeatedly, it is difficult to realize the rights of those who want to visit, and the executive judge is also wasting judicial resources.

Third, how to solve the dispute over visiting rights? From the above analysis, there are some defects in the implementation of visiting rights in Chinese laws, which need to be further improved. These are not ordinary people can participate. Let's talk about the immediate and practical aspects first.

1. Both husband and wife should give full consideration to the healthy growth of their children when dealing with divorce.

2. In the divorce agreement or judgment, the time and method of visiting children should be clearly stipulated. Such as monthly or weekly visits, home visits or take-away accommodation.

3. Deal with the relationship between divorced couples. As long as divorced couples have children, it is difficult to cut off contact in their lives. Therefore, divorced couples should understand and help each other even if they are divorced, and there is no need to act like enemies.

4. If one or both parties remarry, the feelings of the other party should be considered during the visit, and the relationship of the other party's new family should not be affected. Letting children live in a happy family can make up for the damage caused by divorce.

5. At the same time, we should also handle the relationship with each other's parents. Sometimes it's much easier to get the support of the elderly.

Conclusion: Having told you so much, I want to tell you that it is best for both sides to solve the problem of children's visit through friendly consultation. The law can hardly help you on this issue, because the law is not perfect.