Legal Remedy For Parents Delayed In Visitation

After the divorce, to protect the legitimate rights and interests of between parents and children, our country law gives parents shall have the right to visit their children. But under the delayed in exercising to visit parents, children and the problem of how to maintain the lawful rights and interests law did not.The first part of this article USES the method of positivism analysis has delayed in exercising to parents and their visitation to carry out the analysis of current situation of the legal relief of. In consideration of the right to visit parents delayed in harm, the article concluded that must be the conclusion of the phenomenon of legal relief.The second part of this article from two aspects of theory and judicial practice of legal relief system to carry out the discussion. Through the analysis of the current legal system and the nature of the visitation right, we can come to the conclusion that children do not have right of claim; By discussing the standard of litigation and execution mode, we can draw the right remedy system is not the effective protection of children’s legitimate rights and interests of the conclusion.The third part of this paper through the introduction of the law of countries and regions of the world’s advanced relief system, and analyzes the successful experience of the present our country some local court, comprehensive legal status in our country, the legal relief system of our country under this kind of problem to carry out the preliminary ideas. System of the virtual visit, visit guide mode, the execution of dishonest people list, flexible law enforcement and enforce the combination of mode to be able to effectively solve the problem of the right to visit parents delayed in.Parents are their children the best protector. The absence of a parent role, will bring immeasurable negative impact for children. So China needs to improve the system of visitation to the minors’ rights and interests safeguard work into effect.