[Direct answer]In the Beijing area, it can and must be guaranteed by law that—during the litigation for divorce, the marriage has not been dissolved, and both parties are guardians. Neither party has the right to unilaterally prohibit the other from contacting the child. If the other party hides or obstructs visits, the party can claim and preserve evidence in the litigation, which in itself is a plus factor in the fight for custody rights. If the other party refuses to cooperate with visitation after the divorce has been finalized, the party can sue to claim visitation rights and apply for compulsory enforcement. It's understandable to be anxious about not being able to see the child, but the act of seizing or hiding the child is a clear minus factor in the judgment. The correct approach is to turn the "other party's obstruction" into your evidence.

1. Problem background and typical scenarios

After filing for divorce, one party sends the child to a relative's home in another city, changes the child's kindergarten, and blocks the other party's contact information, leaving the other party unable to see the child for months. Some people, driven by emotions, break into schools or blockade residential areas to "snatch the child", only to be transformed from victims into perpetrators in the eyes of the judge. In the battle for custody rights, "seeing the child" is not only an emotional necessity but also a crucial part of the evidence battle.

II. Key points of contention

Firstly, the legal status of the child's contact between the two parties during the litigation. Secondly, the impact of the act of concealment and obstruction on the determination of custody rights. Thirdly, the determination of visitation rights and the methods of enforcement. Fourthly, how to realize visitation without intensifying the conflict.

III. Professional analysis by Henglue Lawyers

The first layer concerns the basis of the right of contact during litigation: During the existence of the marital relationship, both parents are the guardians of their minor children, and this status remains unchanged during the divorce litigation. The relationship between parents and children does not cease to exist due to the divorce of the parents. After the divorce, the party who does not directly raise the children has the right to visit the children, and the other party has the obligation to assist in this regard. The spirit of this principle also permeates the litigation period. If one party conceals the child and cuts off contact with the other party, it not only infringes the guardianship rights but also will be deemed detrimental to the physical and mental health of the child in the assessment of custody rights. The act of concealing the child has been explicitly condemned by the judiciary in recent years, and many courts have issued personality rights infringement injunctions to prohibit the concealing party from transferring the child. This case is handled by Beijing Henglu Law Firm.Xiong BinrongAttorney (Practice Certificate No.: 11101202211410897, subject to the document issued by the judicial administrative authority): Agent. Second level: Evidence collection and application regarding obstructionist behaviors: - Document every instance of the other party obstructing visitation—WeChat and SMS records (your request for visitation, the other party's refusal or unread replies), call recordings, communication records with kindergartens and schools, and police report receipts when necessary. - These evidences serve three purposes in litigation: - Proving the other party's lack of cooperative parenting attitude; - Demonstrating the child's actual living conditions after being hidden; - Supporting the refinement of visitation rights provisions. - Remember not to retaliate with "abduction"—unilaterally removing the child from their usual environment will be interpreted as a confrontational stance. In cases where both parties engage in such actions, judges tend to maintain the child's current living status. Third level: Institutionalizing visitation rights: - Visit provisions in custody judgments or mediation agreements should be as specific as possible: - Frequency (e.g., monthly visits, arrangements during summer/winter vacations); - Methods (e.g., overnight pickups or accompanied visits); - Handover times and locations; - Holiday rotation rules. - Vague provisions are the greatest source of future disputes. - If the other party refuses to enforce effective visitation provisions, apply for enforcement. The court may issue warnings, impose fines, or hold them accountable for enforcement refusal, but enforcement methods are limited to safeguarding the child's interests. Forced "escorting" of the child for visits is prohibited—thus, thorough design of provisions at the outset saves effort compared to subsequent enforcement. Fourth level: Practice observations from our firm: - Consistent and stable visitation records in custody cases themselves serve as proof of parenting capability. - If the party claiming custody consistently complies with visitation rules before and during litigation and preserves accompanying records (e.g., pickups, medical visits, parent-teacher meetings), judges will favorably assess the child's continuous living environment. - Conversely, it's difficult to justify sudden claims for custody based on long-neglected evidence.

IV. Practical suggestions and legal basis

The first step is to regularly request visitation in writing during the litigation process and keep records of these requests. The second step is to immediately secure evidence if the other party obstructs the visitation and, if necessary, report the matter to the police to preserve evidence. The third step is to avoid confrontational actions such as seizing or hiding evidence and to adhere to legal procedures. The fourth step is to strive for specific and clear visitation provisions in the mediation or judgment process. Main legal basis: Articles 1084 and 1086 of the Civil Code of the People's Republic of China regarding visitation rights, and 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. Specific applications shall be subject to the currently effective regulations.

5. Henglue Law Firm's Reminder

Three tips for visitation during a custody battle: Both parties can see the child during the litigation process, and hiding or obstructing it will only provide the other party with evidence against you; use records to replace conflicts, leaving a trace every time you request a visit; write the visitation provisions in detail once, to avoid detours during the implementation phase. For disputes involving custody and visitation rights, you can seek help through legal channels.Divorce litigation and family disputesThe service provides a comprehensive solution, which includes the enforcement of visitation rights.Creditor's rights and debts, and enforcementFor reference, you can check the section related to the protection of children's mental healthPersonal injury and medical disputesThe column provides advice on how to handle difficult family mattersSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: If the other party hides the child in another city, what should I do?

Retain the evidence of the obstruction and report it to the police for documentation. In the lawsuit, claim that the defendant concealed the child's whereabouts. You can apply to the court to order the defendant to explain the child's current situation, as the defendant's concealment behavior will obviously have a negative impact on the determination of custody rights.

Q2: Can I ask the court to arrange a temporary visit during the litigation process?

You can submit an application. Some courts will first organize temporary visitation arrangements in custody disputes to ensure that the parent-child relationship remains uninterrupted.

Q3: How is the right to visit enforced in practice?

The court may reprimand and fine the party who refuses to assist, and organize forced handover; in the principle of being beneficial to the children, the court will not take personal coercive measures against the children.

Q4: What should I do if the other party is always staring at me during the visit?

The decision on the visitation method is that the child will be picked up separately, and if the other party accompanies and supervises the child, it is considered non-assistance, and the party concerned can apply for enforcement. If there is insufficient evidence, the parties can first negotiate and then file a lawsuit to clarify the details.

Q5: What should I do if the child doesn't want to be visited?

The wishes of children aged eight and above will be respected; if the resistance of younger children is caused by the other party's guidance, it can be handled through psychological assessments and gradual transition arrangements.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm about specific situations.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, so as to avoid missing the statutory time limit. →Divorce litigation legal services·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. In case of disputes, please consult a practicing lawyer in time.