[Direct answer]Yes. 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 manner and time of exercising the right to visit shall be agreed upon by the parties, and if no agreement is reached, the people's court shall make a judgment. If the father or mother's visit to the children is detrimental to the children's physical and mental health, the people's court shall suspend the visitation according to law; after the reasons for the suspension disappear, the visitation shall be resumed. Therefore, the custody of the children does not affect the right to visit. Both parties should reach a clear agreement on the time, frequency, handover method and holiday arrangements for picking up the children, so as to avoid new disputes arising from different understandings in the future.

1. Problem background and typical scenarios

After the custody judgment is issued, the most pressing concern for the parties involved is often whether they can still see their children and how often they can visit them. Common situations include: the judgment only states that one party will have custody, without specifying visitation arrangements, leading to disputes over actual implementation; one party refuses to cooperate with visitation on the grounds that the other party has not paid child support or has a poor character; and there are no pre-agreed visitation arrangements for holidays and school breaks, with both parties having conflicting opinions. In family court trials in the Beijing area, the court typically encourages writing visitation arrangements that are specific and enforceable, such as the time of picking up the child for overnight stays each month, the pickup location, and contact information. The more detailed the arrangements are, the less friction and disputes over implementation there will be. You can first learn about these arrangements.Divorce litigation and family disputesThe processing flow of it.

II. Key points of contention

The controversy focuses on four aspects: Firstly, the nature of visitation rights, which are statutory rights rather than a favor granted by the custodial parent, and cannot be unilaterally revoked on the grounds of unpaid child support; Secondly, the determination of the mode of exercise. If the judgment is vague, a separate lawsuit may be filed to request clear specific arrangements; Thirdly, the conditions for suspending visitation, which require evidence that visitation is detrimental to the child's physical and mental health. The court shall make the decision to suspend visitation, and the custodial parent has no right to terminate it unilaterally; Fourthly, the enforcement path. If the other party refuses to cooperate, an application for compulsory enforcement may be made, and the court may take indirect enforcement measures such as admonition and fines, but it cannot enforce the personal liberty of the child. This restriction means that the realization of visitation rights highly depends on the cooperation of both parties and clear written agreements, so it is particularly important to set down the rules in advance.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm once handled a divorce case, which can be used as a reference for understanding custody and visitation arrangements. Ms. Li and Mr. Xu registered their marriage in early 2018 and had a son in 2021, but they often argued after marriage due to a lack of understanding before marriage. In 2020, Ms. Li discovered that Mr. Xu had been having an affair. Although Mr. Xu promised to reform, he failed to do so, and was later arrested by the public security organ for soliciting prostitutes. In early 2022, Mr. Xu left home and the couple separated. Ms. Li firmly requested a divorce and claimed that the child should be raised by her, and entrusted our firm's lawyers to represent her. The lawyers reviewed the marital property situation and conducted investigations and evidence collection. They pointed out that the child was still under two years old and should be directly raised by the mother, and the child had always lived with the mother. At the same time, they pointed out that the man's solicitation of prostitutes was an illegal act and a serious violation of the marital duty of fidelity, which constituted a major fault leading to the divorce. As the innocent party, the woman had the right to request damages. Regarding the man's claim that multiple sets of real estate and financial assets were marital property, the lawyers refuted each item based on the gift agreement and investment certificates. The court ultimately ruled that the couple should divorce, with the child being raised by the woman. The man should pay 5,000 yuan per month in alimony until the child reaches the age of 18, and pay the purchase price of the house and damages. This case was handled by Beijing Henglue Law Firm.Li YonghuiThe attorney (practice license number: 11101199611955812, subject to the documents issued by the judicial administrative authority) acts as the agent. This case reminds us that custody rights and visitation rights are two independent issues. Obtaining custody rights does not preclude the other party from visiting, and similarly, the party who has not obtained custody rights should still fulfill the obligation to pay child support. The two rights cannot be offset against each other.

IV. Practical suggestions and legal basis

Action list: First, specify the visitation time down to the date and time during the consultation, and indicate the pick-up and drop-off locations and contact methods; Second, agree on special arrangements for winter and summer vacations and statutory holidays, as well as transportation and cost sharing for cross-regional visits; Third, keep communication records and handover certificates as evidence of performance or breach of contract; Fourth, if the other party refuses to cooperate, first send a written reminder, then apply for enforcement or file a separate lawsuit to clarify the visitation method. For matters involving the enforcement of alimony and the disposition of property, you can refer to the relevant provisions.Creditor's rights and debts, and enforcementFor those involved in complex family arrangements, please feel free to inquire about itSpecial services and other casesLegal basis: Articles 1084 and 1086 of the Civil Code of the People's Republic of China (both effective from January 1, 2021), and the relevant provisions of the Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Chapter of the Civil Code of the People's Republic of China (effective from January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, the alimony and visitation rights are not mutually offsettable, and the visitation cannot be refused on the grounds of not receiving alimony. Secondly, the suspension of visitation must be decided by the court, and the custodial parent's unilateral blocking may be deemed as refusing to fulfill the obligation of assistance. Thirdly, the more specific the visitation arrangements are, the easier they are to implement. Vague expressions often lead to another lawsuit. Fourthly, the visitation should be based on the children's interests, so as to avoid conflicts or conveying negative emotions to the children during the handover process. Fifthly, if the children live across different regions or go abroad, a notification and consultation mechanism should be agreed upon in advance, and necessary arrangements should be made through legal channels if necessary.\nFinancial capital and cross-border transactions involving foreign entitiesFirst, the column introduces the relevant procedures. Sixthly, it is advisable to keep necessary records during the visitation process, which can not only serve as proof of fulfilling the obligation to provide assistance, but also provide a basis in case of disputes.

VI. Frequently Asked Questions

Q1: The judgment doesn't mention the visitation arrangements. Can I still visit them?

Yes. The right to visitation is a statutory right, which will not be lost even if it is not specified in the judgment. Both parties can first consult and reach a written agreement; if no agreement can be reached, they can file a lawsuit separately and request the court to specify the way and time of visitation. In practice, the court will make specific arrangements based on the age of the children, their residence, and the work and living conditions of both parties.

Q2: What should I do if the other party doesn't let me see the child?

First, you can send a written reminder and keep the evidence. If the negotiation fails, you can apply for enforcement of the existing judgment or mediation agreement. If the original judgment does not involve visitation, you can file a separate lawsuit to request confirmation of the visitation method. The court may take indirect enforcement measures such as admonition and fines against the party who refuses to assist, but it is not allowed to enforce the personal rights of the children.

Q3: Under what circumstances will a visit be suspended?

There must be evidence to prove that the visitation is detrimental to the children's physical and mental health, such as the visitator having a tendency to violence, alcoholism and drug addiction, inciting the children to break the law, or seriously affecting the children's study and life. The suspension shall be decided by the people's court in accordance with the law. After the reasons for the suspension disappear, the visitation shall be resumed, and the custodial parent has no right to decide to terminate it on his own.

Q4: Can't I visit my child if I haven't paid child support?

No. Alimony and visitation rights are two independent rights and obligations. Neither party may refuse to visit the child on the grounds that the other party has not paid alimony, nor may the other party refuse to pay alimony on the grounds that the other party refuses to visit the child. If the other party defaults on alimony payments, the party concerned may apply for enforcement separately, but cannot take countermeasures to block the visitation.

Q5: Can I ask to take my child home to live for a few days?

The visiting arrangements for overnight stays can be negotiated and agreed upon, including fixed monthly dates, concentrated visits during winter and summer vacations, etc. If no agreement can be reached, the request can be explicitly raised in litigation, and the court will determine the arrangement based on the interests of the children and the conditions of both parties. To avoid disputes, it is recommended to make detailed agreements on the handover time, location, pick-up and drop-off methods, and return time.

This article is written based on the common judicial interpretations 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 relevant 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 publicly available adjudication rules, and is provided 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. In the event of a dispute, please consult a practicing lawyer in a timely manner.