[Direct answer]It can be modified. After divorce, the time and manner of visiting children are not fixed once and for all. If circumstances such as the direct custodial parent unreasonably obstructing visits, the child going to school and living in the dormitory, or the visiting parent's change of work location arise, the parties may first negotiate adjustments. If no agreement is reached, the visiting right holder may, in accordance with the provisions of the Civil Code of the People's Republic of China (effective January 1, 2021) on the relationship between parents and children, file a lawsuit for disputes over visiting rights independently, and request the court to re-determine the visiting arrangements. When Beijing courts review such requests, they focus on the child's age and wishes, academic and living arrangements, and the actual implementation of previous visiting arrangements. Preserving the chat records and call recordings of the other party's obstruction of visits before litigation has a significant impact on whether the request for modification is valid.

1. Problem background and typical scenarios

Visitation arrangements are usually determined in divorce mediation agreements or judgments, but living conditions constantly change, and the original arrangements may soon become out of sync with reality. Common situations include: after the child enters junior high school and starts boarding, weekly visits become impossible; the custodial parent relocates to another city for work, making fixed visitation locations inconvenient; after the visiting parent remarries or has children, they want to adjust to concentrated visits during summer and winter holidays; the grandparents actually take on the task of picking up and dropping off the child, but are refused by the custodial parent; the custodial parent repeatedly obstructs visits on the grounds that the child doesn't want to see them, leading to long-term failed visits. In these situations, if both parties can still sit down and communicate, signing a supplementary agreement or seeking the intervention of a people's mediation committee can resolve the issue. Once the other party refuses to negotiate, the visitation rights holder often needs to file a lawsuit after gathering sufficient evidence. In practice, many people delay taking action for months, during which time visits continue to be obstructed without leaving any trace, and they lack supporting materials when suing. Therefore, the first response to visitation obstacles should be to document and communicate, rather than engaging in emotional confrontation. There is another type of situation that is easily overlooked: divorce documents only mention "visitation in accordance with the law" without specifying details. From the first day, there are discrepancies in both parties' understanding of visitation frequency and duration, and conflicts continue to escalate as the child grows. Such modification requests are often more likely to gain support, as the original arrangements were inherently unenforceable. For an overview of similar issues, please refer to Hengluo Law Firm.Divorce litigation and family disputesA dedicated page.

II. Key points of contention

Such disputes typically revolve around three focal points. First, whether the other party's consent is necessary for changes: Adjusting visitation arrangements involves the living arrangements of the custodial parent, and ideally, both parties should reach a consensus and formalize it in writing. If the other party refuses to agree, the visitation rights holder still has the right to request court intervention rather than simply maintaining the existing arrangements that are only in name but not in reality. Second, the weight of the child's wishes: Beijing courts typically consider the child's age during the trial. For minors over the age of eight, their true wishes will be given priority, but they cannot be unilaterally relayed by the custodial parent. If necessary, verification can be conducted through court questioning or social supervision. Third, the relationship between obstruction of visitation and requests for changes: A visitation rights holder who has been obstructed for a long time can either sue to change the visitation arrangements or apply for enforcement of the original judgment. The choice of the two paths depends on whether the original arrangements are still feasible. In addition, changes to visitation arrangements do not equal changes to custody rights. The standards of proof and trial approaches are different for the two, and parties often confuse this point, leading to design errors in their claims. Changes to visitation arrangements and the pursuit of accountability for obstruction can proceed in parallel: The former resolves how visitation will proceed in the future, and the latter addresses why visitation failed in the past. The two lines of evidence are separate and do not interfere with each other, but in practice, they are often mistakenly thought to be mutually exclusive. In terms of evidence, if the other party uses the child's busy academic schedule as a reason to restrict visitation, the requesting party can require them to provide the child's class schedule or daily schedule to determine whether the reason is valid, rather than just engaging in verbal disputes. If necessary, a visitation performance schedule can be prepared before the trial to intuitively present the enforcement situation.

III. Professional analysis by Hengluo Law Firm

Based on Hengluo Lawyer's experience in handling family disputes, the quality of cases involving changes in visitation arrangements primarily depends on the organization of evidence. In litigation, three types of materials are typically required: first, the basis for the original visitation arrangements, such as the divorce mediation agreement, judgment, or relevant provisions in the divorce agreement; second, evidence of impeded enforcement, including WeChat chat records, call recordings, police reports, and testimonies from school teachers or community workers, used to demonstrate that the original arrangements can no longer be implemented; third, materials on the children's situation, such as school attendance certificates and accommodation arrangements, used to support the rationality of the new visitation plan. Hengluo Lawyer also noted a common misconception in practice: some parties view litigation as an opportunity to vent their grievances, extensively describing the other party's moral shortcomings in their pleadings. However, courts prioritize the children's interests and enforceability. Rather than criticizing the other party, it is more effective to propose specific, actionable alternatives, such as adjusting visitation frequency, adding video calls as supplementary measures, or agreeing on pickup/drop-off times and locations during holidays. The more detailed the plan, the easier it is for judges to formulate new arrangements and increase the success rate of mediation. For cases involving severe obstruction and refusal to comply with enforceable documents, parties may apply for compulsory enforcement and take coercive measures such as fines against the non-cooperative party. Judging from court rulings, Beijing courts typically support visitation plan changes under two common conditions: first, the new plan addresses specific obstacles, such as using video visitation to resolve geographical difficulties; second, the applicant previously fulfilled visitation obligations in good faith and did not use visitation as a pretext for conflicts. Conversely, requests for changes solely based on personal preferences generally receive significantly lower support rates.

IV. Practical suggestions and legal basis

At the legal level, the basic provisions on visitation rights are contained in Article 1084 of the Civil Code of the People's Republic of China (effective January 1, 2021), which stipulates that the relationship between parents and children does not cease to exist due to parental divorce, and the party who does not directly raise the children has the right to visit them according to law; the procedures and enforcement matters shall be governed by the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and effective January 1, 2022) regarding enforcement. Practical operation suggestions are divided into four steps: First, retrieve the divorce documents to confirm the specific provisions of the original judgment or agreement on visitation methods, and determine whether the problem lies in the difficulty of enforcement or the unreasonableness of the arrangement itself; Second, start keeping records from the day of the obstruction, and use WeChat text or voice for important communication and save the original carriers; Third, propose adjustment plans in writing and retain the delivery records to provide proof of negotiation sincerity in litigation; Fourth, file a lawsuit as soon as possible when the other party continues to refuse and the original arrangement can no longer be implemented, to avoid increasing the difficulty of providing evidence due to changes in the children's schooling and relocation. If there are other disputes such as alimony and custody rights, it is recommended to evaluate and design them comprehensively to reduce the time and cost of multiple litigations. For sending written plans and confirming via WeChat, it is recommended to keep time records simultaneously, and if necessary, notarize key chat records; notarized evidence has obvious advantages in proving when the other party denies it, and the cost is not high.

5. Henglu Law Firm's Reminder

The two most common mistakes made during visitation disputes are: first, engaging in on-the-spot conflicts; and second, maintaining long-term silence. Emotional confrontations not only may frighten the children, but also may become ammunition for the other party to argue against the children's physical and mental health; while enduring in silence for years before suing, key facts will be difficult to reconstruct. Hengluo Lawyer's advice is: treat every visitation obstacle as an event that needs to be recorded, and keep every communication in a preservable channel. If you are currently struggling with visitation arrangements, it is recommended to first sort out the existing documents and records, then decide whether to pursue negotiation or litigation, and bring the materials for an in-person evaluation if necessary. Children's growth is irreversible. It is the most reliable protection for children to formalize visitation arrangements on paper and ensure their enforceability as early as possible. If the child has expressed resistance, do not force visitation, nor criticize the other party in front of the child. First, understand the reasons through third parties such as teachers and psychologists, and then adjust the plan accordingly. The visitation system protects the parent-child relationship, not the victory or defeat of adults.

VI. Frequently Asked Questions

Q1: Can the way of visiting the children after divorce be changed to video calls?

Yes. Video visitation is one of the accepted visitation methods in court practice, especially suitable for situations where both parties work in different places, the child lives in a boarding school, or offline visitation is frequently hindered. The party advocating for video visitation should state the feasible conditions during litigation or negotiation, such as both parties having smartphones, the child's willingness to cooperate, and a fixed connection time per cycle. For children who are too young, the court may arrange a combination of video and offline visitation to ensure the quality of parent-child interaction. If the original judgment or agreement does not specify video visitation, the parties can supplement the agreement in writing; if the other party refuses, they can claim according to the provisions on visitation in the Civil Code of the People's Republic of China (effective January 1, 2021).

Q2: What records should be collected to prove that the other party is obstructing visitation rights?

Common available materials include: explicit statements from the other party refusing to cooperate in WeChat or text messages, content of conflicts in call recordings, travel vouchers that failed to be carried out on the agreed visitation date, records of reporting the situation to the neighborhood committee or school, police reports, etc. When collecting these materials, it is important to preserve the original mobile phone carriers, and the screenshots must fully display the time and both parties' account information. The longer the time span covered by the materials and the more times the obstruction occurred, the more it can demonstrate that the obstruction is not an isolated incident. Continuous records from the past six months or more are particularly persuasive. If the obstruction occurred in front of the child, the child's statement can also be used as a reference in subsequent procedures. If the obstruction continues to escalate, report it to the police immediately and request a police report, and the report number should be recorded together.

Q3: How much is the case acceptance fee for suing to change the visitation arrangements?

Visitation rights disputes are personal non-property cases, and the litigation fees shall be paid in accordance with the provisions of the "Measures for the Payment of Litigation Fees" (implemented on April 1, 2007), usually amounting to tens of yuan per case, which are not accumulated based on the disputed subject matter and are ultimately borne by the losing party. The fees for hiring a lawyer are determined according to the consultation pricing principles established by the "Measures for the Management of Lawyer's Service Fees" (implemented on April 1, 2007), and agreed upon in the power of attorney contract based on the workload and local market levels. Compared with property-related cases, the litigation costs of such disputes mainly lie in time and effort, rather than fees, so more budget should be invested in evidence preparation.

Q4: How long will it take to conclude the lawsuit regarding the adjustment of visiting methods?

For cases subject to summary procedures, they are generally concluded within three months; for ordinary procedures, it typically takes six months, and most simple cases are concluded within two to three months. If the other party's whereabouts are unknown and service of documents needs to be effected by public announcement, or if the case involves auxiliary matters such as psychological assessments of children, the timeframe will be extended accordingly. If the other party still refuses to cooperate after the judgment takes effect, it is necessary to apply for compulsory enforcement, and the enforcement period shall be governed by the provisions of the Civil Procedure Law regarding the enforcement period. It is recommended to prepare all evidence before filing a lawsuit to shorten the time for supplementing evidence during the trial. The specific progress should be subject to the arrangements of the accepting court. Some courts in Beijing have dedicated teams for the enforcement of visitation rights, and it is also recommended to keep the communication records during the enforcement phase.

Q5: What should I pay attention to when negotiating with my ex-spouse about changing the visitation arrangements?

The negotiation process should be conducted in writing as much as possible. The plan should be specific, including the number of visits per month, the duration of each visit, the handover location, and the distribution of holidays and school breaks, to avoid using vague expressions such as "amicable negotiation" and "flexible handling" that are difficult to implement. After reaching an agreement, a written supplementary agreement should be signed, with each party keeping a copy. If the original arrangement stems from a judgment or mediation agreement, a unilateral agreement cannot directly change the content of the effective document. If the other party reneges on the agreement, the matter will still need to be handled through litigation or enforcement procedures. During the negotiation, it may be advisable to include a clause stating that if one party fails to fulfill its obligations, the other party has the right to sue for adjustments, thus paving the way for future actions.

The above questions and answers are mainly based on the judicial practice in Beijing. There may be differences in the adjudication opinions 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, so as 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 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 you encounter disputes, please consult a practicing lawyer in time.