[Direct answer]It may not be possible to directly change the custody arrangement. When visitation is obstructed, the first step is to apply for enforcement of the effective judgment or mediation agreement, and use measures such as fines, detention, and inclusion in the list of untrustworthy individuals to urge cooperation. Only when long-term enforcement is unsuccessful, the other party continues to obstruct visitation and it has affected the children's physical and mental health, or when other statutory circumstances unfavorable to the children's growth arise, may this become a reason for changing the custody arrangement. According to Article 1084 of the Civil Code of the People's Republic of China, the handling of child custody should follow the principle of being most beneficial to the minor children; Article 1086 stipulates that the father or mother who does not directly raise the children has the right to visit, and the other party has the obligation to assist. It is recommended to first fix the evidence of obstruction and apply for enforcement, and at the same time assess whether the conditions for changing the custody arrangement are met.

1. Problem background and typical scenarios

The judgment or mediation agreement stipulates visitation rights, but their actual implementation is fraught with difficulties: when picking up the child, the other party refuses for various reasons; during the visitation period, they are monitored throughout, their visitation time is restricted, and they even refuse to return home for long periods on the pretext of taking the child out. The parties often believe that "if they don't let me see the child, it means the other party is not suitable for raising the child", and want to directly sue to change the custody rights. Typical situations include: the other party continues to be uncooperative and there is no improvement even after enforcement; the child, under the influence of the other party, refuses to meet; the other party frequently changes their address or school, making visitation impossible. When courts in Beijing handle such cases, they distinguish between the two issues of blocked visitation and changes in the custody relationship.

II. Key points of dispute

First, can obstruction of visitation rights be directly used as a reason for changing custody rights? Second, what are the measures and effects of enforcing visitation rights? Third, what statutory circumstances are required for changing custody rights? Fourth, how to prove that the obstruction behavior is persistent and malicious? Fifth, what is the role of the child's wishes in the change of litigation? Sixth, can we simultaneously claim for compulsory enforcement and change of custody rights?

III. Professional analysis by Henglue Lawyers

In a divorce dispute handled by Henglue Law Firm, Ms. Li and Mr. Liu registered their marriage in 2012 and had a daughter together. Due to frequent conflicts, they separated in August 2024. In September 2025, Ms. Li filed for divorce, claiming custody of the child, high alimony, a car, stock trading funds of 2.67 million yuan, and economic compensation of 100,000 yuan. During the court hearing, she also added a request for repayment of a 1 million yuan loan. Mr. Liu hired a lawyer to represent him. After a comprehensive review, the lawyer found that some of the plaintiff's claims lacked factual and legal support, so he developed a strategy of "mediation-oriented and litigation-assisted": during the court-supervised mediation, he vigorously defended against unreasonable property division claims; proposed legal and reasonable solutions for custody, visitation rights, and property division, balancing rights and efficiency. Ultimately, the parties reached a mediation agreement in court and obtained a civil mediation document, which fundamentally reversed the plaintiff's initial claims: the parties dissolved their marriage; the child born in the marriage would be directly raised by the mother, and the father would pay monthly alimony; the father would obtain clear and specific monthly pick-up rights for overnight visits; the car would be owned by each party separately; the mother would repay the father in installments; and each party would bear the debts and liabilities of their own assets. The value of this case lies in the fact that visitation rights are not just empty words. They should be specified in terms of time, methods, and assistance obligations through mediation or judgments, ensuring enforceability. Regarding the issue of obstruction of visitation: if the other party fails to fulfill the clear visitation provisions, the rights holder can apply for enforcement; if it is impossible to implement them for a long time and situations that are detrimental to the child's growth arise, the rights holder can separately request a change in the custody arrangement. The evidentiary focus of the two approaches is different. The former focuses on proving the other party's refusal to assist, while the latter also requires proving that the change in custody is more beneficial to the child. This case was handled by Beijing Henglue Law Firm.Liu Xiang YingThe attorney (practice license number: 11101201511343795, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, check whether the visitation provisions in the judgment or mediation agreement are specific and enforceable; Second, fully record the process of each visitation being refused or restricted, and keep chat records, phone calls, and witness statements; Third, apply to the court for enforcement and request supervisory measures; Fourth, if the visitation cannot be implemented for a long time and unfavorable circumstances arise, file a lawsuit to change the custody relationship or adjust the visitation method; Fifth, when necessary, apply to the court to determine the child's living and schooling situation. For more information, please refer to the platform's services.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

First, if visiting the child is obstructed, it is necessary to first follow the enforcement procedures and not skip directly to claiming a change in custody. Second, the threshold for changing custody rights is high, and it is necessary to prove the existence of statutory circumstances that are detrimental to the child's growth. Third, the evidence must be able to reflect the continuity and maliciousness of the obstruction. A single instance of non-cooperation is usually not enough. Fourth, the more specific the visiting provisions are, the easier they are to enforce. Fifth, do not use refusing to pay child support to counteract the obstruction, otherwise you may be held liable for breach of contract and even affect your own rights and interests.

VI. Frequently Asked Questions

Q1: If the other party doesn't allow me to see the child, can I directly sue to change the custody rights?

Generally, it is not advisable to directly modify the custody arrangement. Instead, the visiting rights should first be applied for enforcement, and measures such as fines, detention, and credit punishment should be used to urge and assist in this regard. Only when long-term enforcement is impossible and statutory circumstances unfavorable to the children's growth arise, may the request to modify the custody relationship gain support. The two approaches and the emphasis of evidence presentation are different in these two cases.

Q2: What are the requirements for changing custody rights?

Generally, certain legal circumstances must be present, such as the direct custodian suffering from a serious illness or disability and being unable to continue providing care, or situations involving abuse, abandonment, or failure to fulfill parental obligations that are detrimental to the children's physical and mental health. Additionally, children aged eight or above who wish to live with the other party and who have the ability to provide care for the children may also be considered. The specific requirements shall be subject to the currently effective laws, regulations, and judicial rulings.

Q3: How to prove that the other party is maliciously obstructing visitation?

You can keep the chat and call records of each appointment, the time and location of the rejection, the testimonies of witnesses present, the records of calling the police or community mediation, and the relevant materials of previous cases. By forming continuous, specific, and verifiable records, you can prove the persistence of the obstruction and the subjective malice involved.

Q4: What should I do if the visiting rights in the judgment are too vague?

The visiting time, method, pick-up and drop-off locations, and assistance obligations for the custody request can be specified, or an application can be made to change the visiting method. Overly general provisions are difficult to enforce. Specifying the specific dates, time periods, and handover methods can provide a basis for enforcement. If necessary, an agreement on how to handle violations of the provisions can also be made.

Q5: If the other party refuses to cooperate with visitation, can I stop paying child support?

It is not recommended. The right of visitation and the obligation to pay alimony are independent of each other. Refusing to pay alimony in order to resist being advised might constitute a breach of contract and even lead to enforcement action being initiated against you, which will ultimately harm your own position. The correct approach is to safeguard the right of visitation through enforcement and litigation, while fulfilling your obligation to pay alimony in accordance with the law.

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 evidence materials, to avoid missing the statutory time limit. →Divorce litigation legal services·Attorney Liu Xingying·Beijing Henglue 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. If a dispute arises, please consult a practicing lawyer in a timely manner.