Visitation rights in China are guaranteed by the Civil Code: after a divorce, the parent who does not have direct custody is entitled to visit the child, and the custodial parent has a duty to assist. The parents agree on how and when visits happen; if they cannot, the court decides, and if the custodial parent later obstructs contact, the other parent can ask the court to enforce the order.
This guide explains, as of 2026, how to build a contact schedule that actually works, how enforcement operates in practice, and the limited situations in which visitation may be suspended.
What are visitation rights in China?
Under Article 1086 of the Civil Code, a parent who does not directly raise the child after divorce has visitation rights, and the other parent has an obligation to assist. Key points:
- Both parents remain parents. Divorce ends the marriage, not the parent-child relationship.
- The method and timing are agreed by the parents. If there is no agreement, the court decides.
- Visitation can be suspended if it is harmful to the child's physical or mental health, and resumed once the reason no longer exists.
- Visitation is separate from child support. A parent who has not paid support does not lose visitation for that reason alone, and a parent who is denied contact should not stop paying. See our child support page.
Making a contact schedule that works
Most disputes about visitation come from vague wording. "Reasonable access" or "visits at weekends" sounds friendly but is very hard to enforce. A good schedule is specific.
What a clear schedule includes
| Element | Example of clear drafting |
|---|---|
| Regular contact | Alternate weekends, from Saturday 10:00 to Sunday 18:00 |
| Midweek contact | Every Wednesday after school until 20:00 |
| Holidays | Spring Festival alternates each year; half of summer and winter holidays |
| Special days | Child's birthday, parents' birthdays, Mother's Day and Father's Day |
| Handover | Place, time and who collects and returns the child |
| Remote contact | Video calls twice a week at fixed times |
| Overnight and travel | Whether overnight stays or trips outside the city or abroad are allowed, and notice required |
| Changes | How much notice to cancel or swap a visit, and make-up visits |
| Information | Access to school reports and medical information |
For international families, add provisions on travel costs, passports, time-zone-friendly video calls and extended holiday stays. If one parent may move abroad, read our guide on moving abroad with your child after a divorce in China.
Tips for a schedule that lasts
- Build around the child's routine, such as school, activities and naps for younger children.
- Plan for age changes. A schedule for a toddler may need to expand as the child grows.
- Respect the child's views. Courts must respect the true wishes of a child aged 8 or older in custody matters, and in practice older children's views strongly influence contact.
- Put it in a court document where possible. A schedule in a court judgment or mediation document can be enforced directly; one in a private agreement may first need a court ruling.
When the other parent blocks visitation
Denial of contact is one of the most painful problems after divorce. There is a sequence of steps worth following.
Step 1: Keep records and stay calm
Keep a log of missed visits, messages and handover attempts. Avoid confrontation in front of the child; courts look closely at each parent's behaviour.
Step 2: Try negotiation or mediation
A lawyer's letter or mediation, including through community or court-linked mediation services, often resolves the issue faster than litigation.
Step 3: Go to court
- If there is no court order yet, you can file a lawsuit asking the court to set a visitation schedule.
- If there is an effective judgment or mediation document, you can apply to the court for enforcement.
What enforcement can and cannot do
Chinese courts enforce visitation against the person who obstructs it, not against the child. In general terms:
- The enforcement judge may talk to both parents, arrange supervised handovers or set up visits under court supervision.
- A person who refuses to assist with visitation may face coercive measures such as fines or detention in serious cases.
- The court will not physically force a child to go on a visit, and it will take an older child's genuine wishes into account.
Step 4: Ask the court to adjust the arrangement if needed
Sometimes the problem is not bad faith but a schedule that no longer fits, for example after a change of school, a move to another city or a new work pattern. Either parent can ask the court to modify the method or timing of visitation. Proposing a realistic revised schedule, with evidence of why the current one does not work, is usually more productive than repeated enforcement applications.
Supervised and gradual contact
Where a child has not seen a parent for a long time, or is anxious about visits, courts and mediators may favour a gradual approach: short visits in a neutral place, then longer daytime visits, and only later overnight stays. Supervised handovers can also lower tension between parents. A parent who accepts a staged plan often rebuilds the relationship faster than one who insists on the full schedule immediately.
Repeated, unjustified obstruction may also become relevant if the other parent later asks to change custody, because courts typically consider which parent supports the child's relationship with both parents. Interpretation II on Marriage and Family, effective 1 February 2025, also addresses parents who hide or snatch a child in custody disputes.
When visitation can be suspended
Visitation may be suspended if it would harm the child's physical or mental health, for example where there is evidence of violence, abuse, serious substance misuse or behaviour that endangers the child. The parent seeking suspension needs to apply to the court with evidence; it cannot simply stop contact on their own.
Suspension is usually temporary. Once the risk has gone, contact can be resumed, sometimes gradually or with supervision. If domestic violence is involved, see our domestic violence and protection order service.
Key takeaways
- Visitation rights in China belong to the non-custodial parent, and the custodial parent must assist.
- A specific, written schedule covering weekends, holidays, handovers, video calls and travel prevents most disputes.
- If contact is blocked, keep records, try mediation, then ask the court to set or enforce visitation.
- Courts enforce against the obstructing adult, including fines or detention in serious cases, but will not physically force a child.
- Visitation can be suspended only where it harms the child, and it can be resumed.
Our child custody and visitation lawyers draft schedules and handle enforcement applications; see also how Chinese courts decide custody. To talk through your situation, book a free, confidential consultation.