Yes, in some circumstances. Under China's Exit-Entry Administration Law, both Chinese citizens and foreigners who have an unresolved civil case may be prevented from leaving China if a people's court decides so, and the Civil Procedure Law allows courts to restrict the exit of a person who fails to comply with a judgment. In family matters this is used mainly against a parent or ex-spouse who will not pay what a court ordered, and much less often as a tool to keep a child in China.
Exit restrictions are a serious measure, and courts use them with caution. This article explains, as of 2026, how they work, when they may be relevant in a divorce or custody dispute, and what else you can do if you are worried a child may be taken abroad.
The legal basis for exit bans in civil matters
Two laws matter most.
- Exit-Entry Administration Law, Articles 12 and 28. A Chinese citizen (Art. 12) or a foreigner (Art. 28) with an "unresolved civil case" shall not be allowed to leave China where a people's court has decided they may not leave. The border authorities enforce the court's decision.
- Civil Procedure Law (as amended in 2023), Article 266. Where a judgment debtor fails to perform obligations set by a legal document, the court may restrict their exit, record the non-performance in the credit system, publish it in the media, and take other measures provided by law.
Other exit restrictions exist, for example for criminal suspects or for employers who owe wages, but these fall outside ordinary family disputes.
When exit bans come up in family disputes
Enforcing money judgments
The most common family-law use is enforcement. If an ex-spouse has been ordered to pay child support, a property settlement, compensation or damages and does not pay, the person entitled to the money can apply to the enforcement court for measures including an exit restriction. The application is normally made in writing by the creditor, although a court may also act on its own initiative where necessary.
Courts typically consider whether the debtor has the ability to pay, the amount outstanding, and whether leaving China would make enforcement harder. An exit restriction is usually lifted once the debt is paid in full, and may be lifted if adequate security is provided or the creditor agrees.
During pending litigation
The Exit-Entry Administration Law refers to "unresolved civil cases", which is wider than enforcement. In practice, courts are generally cautious about restricting a party's exit before judgment, and tend to do so only where there is a real risk that the party will evade the proceedings or future enforcement, for example by moving assets and leaving China permanently. Offering security often changes the outcome. A divorce petition on its own does not normally lead to an exit ban.
Unpaid child support and visitation
Where a parent persistently refuses to pay child support, an exit restriction can be a powerful lever, because many paying parents travel for work. Obstructing visitation is different: courts enforce visitation rights mainly through orders, fines and, in serious cases, detention, rather than exit bans.
Can a child be stopped from leaving China?
This is where many parents' expectations differ from reality. The exit-ban provisions above target a party to a civil case or a judgment debtor. A child is usually not a party in that sense, and as far as we are aware there is no general administrative list on which one parent can simply place a child to block their departure.
That does not mean nothing can be done. Depending on the facts, options may include:
- Court orders in custody proceedings. Courts may include terms on international travel in judgments or mediation agreements, and some courts have been willing to grant conduct-preservation orders (行为保全) to stop a parent removing a child while a case is pending. Practice is not uniform.
- Protection where a child is snatched or hidden. Since Interpretation II on Marriage and Family took effect on 1 February 2025, a parent whose child has been snatched or hidden by the other parent may seek a personal-safety protection order or a personality-rights injunction, and the snatching or hiding can be weighed against that parent on custody.
- Travel-document controls. A divorce agreement can require both parents' written consent for international travel and set out who holds the child's passports. If the child has a foreign passport, the other country may have its own passport alert or consent rules.
- Exit restriction on the parent. Where a parent is also a judgment debtor or a party to an unresolved case, a restriction on that parent's own exit can indirectly prevent removal.
Remember that mainland China is not a party to the Hague Child Abduction Convention, so there is no Hague return mechanism once a child has been taken from or to the mainland. See is China part of the Hague Convention and can my spouse take my child to China. Prevention is therefore far more effective than cure.
What an exit ban can and cannot do
| An exit ban can | An exit ban cannot | |
|---|---|---|
| Scope | Stop the restricted person at the border | Force the person to pay or hand over a child |
| Who | A Chinese citizen or foreigner with an unresolved civil case or unpaid judgment | Automatically cover children or relatives |
| Duration | Last until lifted by the court, usually on payment, security or consent | Be imposed by a spouse or the police on their own in a civil dispute |
| Effect abroad | Apply at Chinese border checks | Stop someone who is already outside China |
If you are the person restricted
Foreigners are sometimes surprised to learn about an exit restriction only at the airport. If this happens:
- Ask which court made the decision and obtain the case number from the court or border officers.
- Contact the court's enforcement or case-handling judge, usually through a lawyer.
- Consider paying the amount due, offering security or negotiating with the other side. Courts can lift the restriction when these conditions are met.
- If you believe the decision is wrong, a lawyer can raise an objection or seek review through the procedures available in your case.
Foreign nationals may also contact their embassy or consulate, which can provide consular assistance but cannot overturn a Chinese court's decision.
Key takeaways
- Chinese courts can bar a party to an unresolved civil case, Chinese or foreign, from leaving China.
- In family matters, exit bans are used mostly to enforce money judgments such as child support and property settlements.
- Courts are generally cautious about exit bans before judgment, and security often matters.
- There is generally no simple way for one parent to put a child on an exit-ban list; prevention depends on court orders, agreements and travel-document controls.
- Mainland China is not a Hague Abduction Convention party, so act early.
Our international child abduction and relocation team handles prevention and enforcement strategies in Shenzhen, Guangzhou and across China. If you are worried about a child being taken abroad, or you face or need an exit restriction, contact us for a free, confidential consultation.