[Direct answer]In the Beijing area, if the other party fails to fulfill the custody judgment after it takes effect, the applicant can apply for compulsory enforcement to the court of first instance or the court where the property to be enforced is located. The enforcement of custody rights aims to "deliver the children". The court generally uses methods such as ordering performance, fines, detention, inclusion in the list of dishonest people, and restricting high-consumption to exert pressure; for those who refuse to cooperate, compulsory measures can also be taken according to law. However, as it involves the personal safety of minors, in practice, mediation and persuasion are usually carried out first. If enforcement fails for a long time, the other party continues to obstruct or it is not conducive to the children's growth, a separate lawsuit to change the custody rights or visiting methods can be filed. The key is to apply for enforcement in a timely manner and continuously collect evidence of the other party's non-cooperation.

1. Problem background and typical scenarios

When the court awards custody to one party, but the other party hides the child, refuses to hand over the child, or sets various obstacles to visitation as agreed in the judgment, this is the most difficult type of family enforcement. Typical situations include: the other party refuses to hand over the child after the judgment takes effect and delays it for various reasons; the visitation is limited in frequency, required to be conducted at home, or even subject to video surveillance; the other party stays away for a long time under the pretext of taking the child out; and even transfers the child to another school or moves away from the original residence. The winning party, despite holding the judgment, is "powerless to enforce it", feeling both anxious and helpless. When enforcing such cases in Beijing area courts, the courts usually balance coercion with the best interests of minors.

II. Key points of contention

First, can custody rights be used as the subject of enforcement, and how can the court enforce the "delivery of the child"? Second, if the other party refuses to cooperate, can fines, detention, or even the crime of refusing to enforce judgments and rulings be applied? Third, if visitation rights are obstructed, can a separate application for enforcement be made? Fourth, if long-term enforcement is unsuccessful, can custody rights be modified accordingly? Fifth, how to avoid causing secondary harm to the child during the enforcement process? Sixth, what are the response strategies for cross-border or long-distance hiding of children?

III. Professional analysis by Henglue Lawyers

In a divorce dispute handled by Henglue Law Firm, Xiaoya and Xiaolei registered their marriage in 2013 and had two children. The husband has been running a business abroad for a long time, and the couple has been living apart for more than ten years. The wife has been solely responsible for raising the children. The husband first sued to request sole custody of one child, but the wife hired a lawyer to insist that both children be raised by her. The lawyer built evidence around the principle of "the best interests of the minor children" in Article 1084 Paragraph 3 of the Civil Code of the People's Republic of China, organizing travel records, residence certificates, WeChat chats, and records of the children's education and medical care to prove a long-term stable custody relationship. Ultimately, the lawyer overturned the common practice of "one child per party" and mediated a divorce in which the wife gained custody of both children. This case highlights that the determination and enforcement of custody rights ultimately depend on evidence and the best interests of the children. Regarding enforcement, Henglue Law Firm's practical experience includes: First, applying for enforcement as soon as possible after the judgment takes effect to avoid the children being separated for a long time and forming a fait accompli; Second, providing the court with clues such as the other party's address, workplace, and the children's school to facilitate locating and serving them; Third, applying multiple measures such as fines, detention, and credit blacklisting against the other party who refuses to comply; Fourth, applying to change the visitation method or suing to modify the custody relationship if visitation continues to be obstructed; Fifth, avoiding self-initiated "kidnapping" of the children throughout the process to avoid committing new illegal acts. This case was handled by Beijing Henglue Law Firm.Xiong BinrongThe lawyer (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, immediately apply for enforcement after the judgment takes effect and submit clues about the whereabouts of the other party and the child; Second, fully preserve the chat records, audio and video recordings, and witness statements showing that the other party refuses to hand over the child or obstructs visitation; Third, apply to the court for fines, detention, inclusion in the list of dishonest people, and restrictions on high-consumption behavior; Fourth, if enforcement cannot be carried out for a long time, promptly file a lawsuit to change custody rights or visitation methods; Fifth, if the child's transfer to a new school or medical treatment is involved, promptly inform the court and the school at the same time. For more information, please refer to the services on our platform.Divorce litigation and family disputes、Creditor's rights and debts, and enforcement、Special services、Personal injury and medical disputesAndCriminal defense and criminal case filingLegal basis: Articles 1084 and 1086 of the Civil Code of the People's Republic of China (both of which came into effect on January 1, 2021), as well as the provisions on enforcement in the Civil Procedure Law of the People's Republic of China. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, the enforcement of custody rights focuses on the actual delivery of the child, with compulsory measures and education running in parallel. The earlier the enforcement, the more beneficial it will be. Secondly, parents should never forcibly seize or hide their children, otherwise they may turn from the right holders to the parties being pursued. Thirdly, the obstruction of visitation does not necessarily mean a change in custody rights. It requires continuous and fixed evidence and meeting legal standards. Fourthly, the punitive measures in enforcement have a deterrent effect, but they should be based on the best interests of the child. Fifthly, cross-border and inter-regional hiding situations are complex, so it is advisable to hire professional lawyers as soon as possible to develop search and enforcement plans.

VI. Frequently Asked Questions

Q1: If the other party refuses to comply with the custody judgment, can I report it to the police?

You can report the case to the police, but it's not certain that the police will accept it. The core process is to apply to the court for enforcement. For those who refuse to comply with the effective judgment and whose circumstances are serious, constituting the crime of refusing to enforce judgments and rulings, criminal responsibility may be investigated according to law. It is recommended to first fix the evidence of the other party's refusal to hand over the documents, then put pressure on the court through the enforcement process, and report the case to the police at the same time if necessary.

Q2: Can I apply for enforcement separately if my right to visit is obstructed?

Yes. After the judgment or mediation agreement on visitation rights takes effect, if the other party obstructs it, the right holder may apply for compulsory enforcement. The court may take measures such as fines, detention, and inclusion in the list of dishonest people to urge and assist. If it is impossible to implement it for a long time, the right holder may request to change the time, method, and place of visitation to make the plan more feasible.

Q3: How long will it take to get the child back after the execution?

There is no fixed time limit, which depends on the other party's cooperation, whether the child's whereabouts are clear, and the court's enforcement efforts. If the other party cooperates, the handover will usually be completed quickly; if the other party hides or is in a different location, multiple enforcement actions may be required. Applying for enforcement early and providing effective clues are key to shortening the timeframe.

Q4: If the other party refuses to let you see the child for a long time, can you change the custody rights?

It depends on the specific circumstances. If the other party continues to obstruct visits, hides the child, or there are other circumstances that are detrimental to the child's physical and mental health, a separate lawsuit may be filed to change the custody relationship or visitation arrangements, and the court will make a judgment based on the principle of what is most beneficial to the minor child. If the visitation is simply obstructed, it should first be resolved through enforcement.

Q5: Will the court forcibly take away the child during the execution process?

In practice, personal coercion is rarely used directly. Courts usually first mediate, persuade, and apply procedural pressure. For those who refuse to cooperate, measures such as fines, detention, and credit punishment can be taken. Enforcement is based on the best interests of minors to avoid harming their psychological well-being. Therefore, it is common to adopt multiple measures and proceed gradually.

The above Q&A is mainly based on the judicial practice in the Beijing area. There may be differences in the adjudication standards in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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·Attorney Xiong Binrong·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open 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. In case of disputes, please consult a practicing lawyer in time.