[Direct answer]Yes. After the visitation rights are determined by a valid judgment or mediation agreement, if one party refuses to assist, the other party may apply to the court for enforcement. According to Article 1086 of the Civil Code of the People's Republic of China, after divorce, the father or mother who does not directly raise the children has the right to visit the children, and the other party has the obligation to assist; the Civil Procedure Law of the People's Republic of China (amended in 2023, effective from January 1, 2024) stipulates that for acts of refusing to perform valid legal documents, fines, detention and other measures may be taken according to law. It should be noted that the enforcement target is the party who refuses to assist, and the children's personal rights shall not be subject to compulsory measures. The action direction is to first fix the evidence of refusal to cooperate, and then submit an enforcement application to the court that made the judgment.

I. Problem Background and Typical Scenarios

When the visitation time is agreed upon or determined in a divorce, but when it comes to actually picking up the children, they are blocked by various excuses: today they say the child is sick, tomorrow they say they're playing outside, and during festivals, they even make excuses. Some even move away or change their phone numbers, making the visitation impossible to implement. The right to visitation is not just a paper right; whether it can be realized depends on whether enforcement procedures will be used.

II. Key points of contention

First, the basis for enforcement: It must be the visitation arrangements determined by a valid judgment or mediation agreement. Second, the subject and boundaries of enforcement: Whether coercive measures can be taken against the child being supported. Third, proof of refusal to cooperate and choice of measures. Fourth, remedies when the visitation method is unclear: Bring a separate lawsuit to clarify the visitation details.

III. Professional analysis by Henglue Law Firm

The enforcement of visitation rights ultimately relies on the execution process, and the practical logic of enforcement is similar to that of property-related cases. Taking a divorce-related property dispute handled by Henglue Law Firm as an example: Ms. Gao and Mr. Tan got married in 1991 and agreed in their 2003 divorce agreement that they had no joint housing. In 2020, a house at No. 608 in Beijing owned by Mr. Tan was seized and auctioned by the court due to debt. The transaction price was 8.54 million yuan. At this time, Ms. Gao discovered that the house was purchased by Mr. Tan during their marriage and was hidden and not divided during the divorce. Therefore, she entrusted Henglue Law Firm to claim the division of the house. The lawyer's investigation and evidence collection proved that the house was purchased during the marriage, that Mr. Tan paid the down payment and repaid the loan principal and interest of 147,511.11 yuan before the divorce, and that the house was not dealt with during the divorce. The court therefore determined that the house belonged to the couple's joint property. After calculating the proportion of contributions during the marriage, the court ordered Mr. Tan to pay Ms. Gao a house discount of 945,649.38 yuan and explicitly stipulated that if the payment was not made on time, the court would impose double interest on the delayed performance in accordance with the law. This case shows that whether the rights can be truly implemented depends on whether the enforcement measures such as seizure, deduction, auction, and delayed performance will be used. The enforcement of visitation rights belongs to behavioral enforcement. The court can take measures such as fines, detention, and inclusion in the list of dishonest people against the party who refuses to assist. In serious cases, legal responsibilities can be imposed, but the court will not impose compulsory measures on the children. This case was handled by Beijing Henglue Law Firm.Li YonghuiThe attorney (practice certificate number: 11101199611955812, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action List: 1. Confirm whether the visitation arrangements have been determined by a final judgment or mediation agreement. If not, initiate a separate lawsuit to clarify the time, location, and handover methods. 2. Record the process of the other party's refusal in detail, preserving chat records, call recordings, and attendance certificates. 3. Submit an enforcement application to the court that issued the ruling, describing the specific circumstances of the refusal to cooperate. 4. If the visitation methods are too general and difficult to enforce, request clarification. Main legal basis: Article 1086 of the Civil Code of the People's Republic of China (effective from January 1, 2021); Provisions on enforcement measures in the Civil Procedure Law of the People's Republic of China (amended in 2023, effective from January 1, 2024); Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Chapter of the Civil Code (effective from January 1, 2021) regarding the suspension and resumption of visitation rights; Specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

There are three steps to arranging a visitation: only with an effective judgment can there be a basis for enforcement; the arrangement must be specific; the party who refuses to assist should be the target of enforcement, not the children; if the other party repeatedly obstructs the visitation, fines, detention, and credit punishment can be applied; do not use force to confront the situation. For matters involving child visitation and custody, mediation can be used to resolve the dispute.Divorce litigation and family disputesWe provide a comprehensive solution for services, which includes enforcement measures that can be integrated into the overall plan.Creditor's rights and debts, and enforcementFor reference, you can check the sections related to the protection of minors' rights and interestsSpecial servicesFor the column, you can learn about the public security or criminal issues caused by difficulties in visiting family membersCriminal defense and criminal case filingFor the column, if you need advice on compensation for psychological damage to children, you can consult usPersonal injury and medical disputesFor teams involved in cross-border visitation disputes, please feel free to contact us.Financial capital and cross-border transactions involving foreign countriesTeam.

VI. Frequently Asked Questions

Q1: If the other party won't let you see your child, can you directly call the police?

You can call the police for help, but the police usually focus on persuasion and mediation rather than directly handling visitation rights disputes. A more effective approach is to apply to the court for enforcement based on the effective judgment, and the court will take measures against the party who refuses to assist. Therefore, keeping the police report and attendance records can also help prove that the other party is obstructing the visitation.

Q2: What evidence is required to apply for the right to visitation?

It includes the effective judgment or mediation agreement, the agreed visitation methods, the chat records or call recordings that the other party refuses to provide, the proof of being unable to pick up the child on-site, and the materials of previous communication and reminders. The evidence should be able to reflect the factual process of "going according to the agreement and the other party refusing to cooperate".

Q3: Do I need to pay a fee to exercise the right to visit my child?

Applicants do not need to pay an application fee to apply for enforcement, and the enforcement costs are generally borne by the defendant. If a lawyer is appointed to handle the case, corresponding attorney's fees will be incurred. If the case involves actual expenses such as appraisal and investigation, the applicant may advance the funds first, which will ultimately be borne by the defendant.

Q4: How long does it take to enforce a visitation rights case?

Execution of behavioral claims is usually faster than that of property claims, but it depends on the degree of cooperation from the other party. After the court files a case, it will generally first issue an execution notice and organize communication. For those who refuse to cooperate, fines, detention, and other measures will be taken. If the visitation arrangements themselves are not clear, it is necessary to litigate to clarify them first, and the process will be correspondingly prolonged.

Q5: What are the consequences if the other party continuously obstructs visitation rights?

They may be fined, detained, and added to the list of dishonest debtors; if the circumstances are serious and constitute the crime of refusing to enforce judgments and rulings, they may be held criminally liable according to law. In addition, long-term obstruction of visitation may also become one of the factors considered by the other party when suing to change the custody relationship.

This article is written based on the common judicial interpretation in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Divorce litigation legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in time.