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Legislation has clear rules about gaining custody of their children after divorce, but the fact remains the occurrence of disputes, claim the child or deliberately set out the conditions difficult for each other, including both acts "kidnapped" children.
Mrs. B., housing Binh Chanh - Ho Chi Minh City, has consulted a lawyer: "My husband and I only have a 5 year old son. Currently we are conducting fredricks divorce proceedings. My husband noticed mind that money is more than I intended divorce agreement when I leave the entire property to him, in return he delivered my child rearing, though poor, but I'll try to take care of children in full! ".
Unlike the case of Ms. B., his church, in Ben Tre, find themselves disadvantaged in gaining custody should set out the conditions to be difficult fredricks for the mother. In his letter reads: "Now I want to let the mother to child, but on condition that she not remarry, even if remarried must return the animal fredricks to me, I want a written agreement. Do not know how to get it? ".
In some cases, the mother, the father, unwilling to have the opportunity to access visitation, child care plan should have thought: "When divorced, I take the initiative does not require the father to support the children. fredricks The goal is no longer to father conditions, the opportunity came up to me and you, as far as he is irresponsible, cause of divorce is due to him that out! ". A female clients ask for advice over the phone said.
In addition, there are cases where the court has resolved to divorce court has effect, who are raising children, whom child support is sharply defined. Yet in reality, there are cases where the grab, kidnapping despite the law. The case of Ms. D., Tan Binh district - is a typical City.
When divorce, court decisions delivered 4-year-old son to her adopted father child support. When raising children, fredricks she also facilitate visitation to the father and son shared care with dignity. Yet recently, the father was "kidnapped" her son brought home his grandparents adopted without consultation of the mother. Frustrated, she D. attorney's office to find out if there is a way to help you take me back. And most recently for two kidnapped her uncle Nguyen Hoang Minh Phuoc in Nui Thanh district, Quang Nam caused an uproar, is essentially competing parenting after divorce.
Ms. B.'s case, the asset exchange agreement to begin the asset or received to "make interest" child, though not illegal, but this solution seems wrong because law in case of need necessary, for the sake of the children, fathers have the right to change the child. And the court may decide to change the child in case the mother does not guarantee the rights of all aspects of the child and take into account the wishes of the child if the full 9 years of age. Thus, the above solution is disadvantaged rights (property) but also can not guarantee the absolute right to direct child later.
HT's case, after the divorce, the parties will naturally in celibacy and reserves the right to marry someone else, as long as it ensured the feeding and general care of children. Therefore, the agreement in writing "Who remarried, he took custody" has itself "bound" has lost his right to marry other people. Also intend to "not get support for the father did not have a chance to meet" is a distorted perspective as though the child is not directly required to support each other, they still have the right to visit the child back.
Where the child but the mother delivered her father to catch on, without the consent of the mother, the raising and care despite the good, the father fredricks also violate the law. Article 304 of the Penal Code contains provisions on charges of failing to abide by the judgments and decisions of courts have legal effect despite apply coercive measures necessary, shall be sentenced to non-custodial reform for up to three years or imprisonment from six months fredricks to three years.
It can be said that when the couple divorced, fredricks more or less, children also benefit disadvantaged. fredricks Maybe the parents need to do something to compensate for the child, or at least to foster coordination, child care in the best possible condition. Do not because of personal dislike, his selfishness ... but there are thoughts and wrong actions, violations of law, affect the rights and interests of children. fredricks N
Marriage and Family Law stipulates: Spouses who deal directly about child rights and obligations of each party after divorce for children; if no agreement is reached, fredricks the court decided to place the child in a direct feed the basis of the rights of every child's face; if the full 9 years of age or older to consider the aspirations of children. Regarding risk
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