Visitation rights (探望权) are guaranteed by Article 1086 of the PRC Civil Code. After divorce, the parent who does not directly raise the child has the right to visit the child, and the parent with direct custody has a duty to assist. The method and schedule are set by agreement between the parents or, failing agreement, by the court. If visitation is harmful to the child's physical or mental health, the court may suspend it; visitation resumes once the reason for suspension disappears.
Why it matters
A custody decision without a workable visitation plan often leads to conflict. For international families, visitation raises practical questions: video calls, school holidays abroad, who pays for flights, and who holds the passports. Courts can enforce visitation orders, but enforcement against an uncooperative parent is slow and courts cannot force a child to go against their will. A detailed, realistic schedule in the divorce agreement or judgment is the best protection.
How it works in practice
A Korean mother living in Seoul and a Chinese father in Shenzhen divorced; their daughter stayed with the father. Their agreement gave the mother two video calls a week, visits in Shenzhen one weekend a month with 14 days' notice, and three weeks each summer in Korea, with the father handing over the passport and the mother covering flights. When the father later delayed a summer trip, the clear wording allowed a quick settlement without court.
Common mistakes
- Agreeing to "reasonable visitation" with no dates, times or handover details
- Withholding visitation because child support is late; the two are separate obligations
- Ignoring overseas travel and passport arrangements in the schedule
- Treating a teenager's refusal as the other parent's contempt without trying mediation
- Waiting years before seeking enforcement, which weakens the relationship with the child