[Brief facts of the case].
The court concluded the trial of the case of a dispute over visitation rights between Liu and Wang, and ruled that since August 1, 2014, Liu has exercised his visitation rights twice a month. The time and method of the visit are: On the Saturday of the second and fourth weeks of each month, Wang XX will be picked up from Wang XX at 9 a.m. for a private visit, and Wang XX will be sent back to Wang XX before 17 p.m. on the same day, and Wang XX should be assisted.
On the morning of the second week of May 2016, Liu picked up Wang and found that Wang did not live in Wang's place, but lived in Wang's parents' house. Wang's parents refused to let Liu pick him up, and a verbal conflict occurred between the two parties, so Liu applied to the court for compulsory enforcement, requesting to exercise the right of visitation.
Processing Result
The visiting time is changed to pick up at 9 o'clock on Sunday of the fourth week of each month, and send it back before 17 o'clock in the afternoon.
[Lawyer's interpretation].
1. After the case is filed for enforcement, the enforcing court shall first issue an enforcement notice ordering the person subject to enforcement to provide assistance in accordance with the method and time for exercising the right of visitation specified in the basis for enforcement, and if the person subject to enforcement refuses to assist, the enforcing court shall educate the person subject to enforcement. Where, after education, the person subject to enforcement still does not assist, the enforcement judge may lead the person applying for enforcement to visit him or her according to the specific circumstances, and may also take the children to a certain place so that they can be with the person applying for enforcement for a certain period of time, and the resulting expenses shall be borne by the person subject to enforcement. Where the person subject to enforcement intentionally conceals children, obstructing or interfering with enforcement, the people's court may employ compulsory measures in accordance with the relevant provisions on obstruction of enforcement, and choose to apply fines or detention. where the circumstances are serious, they are to be given criminal punishment for the crime of refusing to enforce an effective judgment or ruling. In this case, the enforcing court issued an enforcement notice ordering the person subject to enforcement, Mr. Wang, to assist in exercising the right of visitation in accordance with the manner and time specified in the enforcement basis. After the person subject to enforcement appeared in court, he said that due to work transfer, he had gone to work in other places, and Wang Moumou handed over to his parents to take care of him. There is no way for him to come back twice a month to assist Liu to visit Wang. The court asked Wang to do his parents' work and assist Liu in exercising his visitation rights. Wang's parents said that Wang had signed up for an extracurricular class on Saturday and was going to class, hoping that Liu would change the time and method of visiting. 2. Children need love for their growth, and the lack of love from either parent is not conducive to the growth of children, and the realization of visitation rights is also necessary to ensure the physical and mental health of minor children. In visitation rights cases such as further enriching the methods of visitation, such as increasing the communication between the applicant for enforcement and the minor children in a visual way through mobile phones, computers and other technical devices, and suggesting that the minor children live with the applicant for enforcement during a certain vacation, the realization of the rights of the applicant for enforcement is often mixed with emotional disputes, and it is difficult to achieve the expected results through simple and crude enforcement. From the perspective of being conducive to the healthy physical and mental development of minor children, it is necessary to resolve the contradictions and disputes between the two parties, so that they understand each other, and urge the person subject to enforcement to take the initiative to assist. 3. After the dissolution of the marital relationship, many minor children may not be with their parents, but will be taken care of and raised by close relatives such as grandparents and maternal grandparents. When the person applying for enforcement proposes to exercise the right of visitation, the close relatives who specifically raise the minor children have the obligation to assist in enforcement. Where assistance is refused, the court shall educate them. Where, after education, enforcement is still obstructed or interfered with, the people's courts may employ compulsory measures in accordance with the relevant provisions on obstruction of enforcement, and choose to apply fines or detention.