[Direct answer]In the Beijing area, the role of the police is limited—obstruction of visitation rights is a civil dispute, and the public security organ generally does not handle it. It only intervenes when it involves violations of public security such as child abduction, physical conflicts, and stalking harassment. The correct approach is to apply to the court that issued the judgment or mediation agreement for enforcement: the court can take coercive measures such as fines and detention against the party who refuses to cooperate, and can organize psychological counseling and enforcement reconciliation; for those who maliciously block visitation for a long time, it can also be used as a basis for suing to change the custody relationship.

I. Problem Background and Typical Scenarios

The divorce judgment specifies the arrangements for monthly visitation, but the other party evades it with various excuses such as the child's unwillingness, attending classes, or feeling unwell. They don't answer the phone and the child can't be seen. Some parties' first reaction is to call the police, but the police can only provide verbal mediation when they arrive. The enforcement of visitation rights is the most prone to recurrence in family cases. Writing it into the judgment is just the first step. Whether they can see the child depends on the preparations made during the enforcement stage.

II. Key points of dispute

First, can the right to visit be enforced, and who is the target of enforcement? Second, what should be done if the child himself/herself is unwilling to cooperate with the visit? Third, what are the legal consequences of refusing to enforce the visit judgment? Fourth, can long-term blocking of visitation lead to a reversal of custody rights?

III. Professional analysis by Henglue Lawyers

The first layer: The enforcement target is the obligated party rather than the child. The enforcement of visitation rights focuses on the assisting obligation of the direct custodian. The court cannot take enforcement measures against the child, but can impose fines or detain the party who refuses to assist. In serious cases, the party will be dealt with in accordance with the provisions on refusal to enforce judgments and rulings. In practice, enforcement judges often first organize talks and reach an enforcement settlement, redefining the visitation time, handover location, and consequences of breach of contract. In most cases, visitation can be resumed during the enforcement stage. The second layer: Evidence comes first. Before applying for enforcement, fix the evidence of each visitation obstacle—the excuses and time periods given by the other party in chat records, call recordings, and records of the other party's failure to attend the agreed handover location. This forms a complete chain of "I performed as agreed, but the other party refused to assist," providing a basis for enforcement registration and coercive measures. The third layer: The child's wishes are not a shield. The visitation arrangements determined by the judgment are binding on both parties. If the child temporarily refuses to cooperate, the direct custodian has the obligation to guide them. If there are indeed situations where the child clearly resists or requires adjustments to the frequency or method of visitation, these should be adjusted through enforcement settlements or separate litigation, rather than unilaterally blocking them in the child's name. A divorce-related dispute handled by Henglu Law Firm can be referenced: Ms. Gao and Mr. Tan married in 1991 and divorced by agreement in 2003. In 2020, during the enforcement of Mr. Tan's debt, the court discovered that the house purchased by Mr. Tan during their marriage was concealed during the divorce. Ms. Gao entrusted Attorney Li Yonghui of Beijing Henglu Law Firm to represent her. The attorney provided evidence to prove that the house was purchased during the marriage and was not disposed of during the divorce, thus constituting marital joint property. After calculating the contribution ratio during the marriage, the court ordered Mr. Tan to pay a compensation of over 945,000 yuan for the house and clarified his interest liability for overdue performance. This case was handled by Beijing Henglu Law Firm.Li YonghuiThe lawyer (practice license number: 11101199611955812, subject to the document issued by the judicial administrative organ) acts as an agent. The common lesson from the obstruction of visitation rights is that the realization of all rights after divorce depends on the execution process of the effective document, and leaving a record and applying for execution in a timely manner are key.

IV. Practical suggestions and legal basis

The first step is to document each visit refusal in writing, confirm the time and location of the visit via WeChat, and save the reply; the second step is to apply for enforcement to the court of first instance after multiple refusals, attaching the judgment and evidence of the refusals; the third step is to cooperate with the enforcement and settlement, reiterating the details of the visit and agreeing on the consequences of non-compliance; the fourth step is to collect evidence and file a separate lawsuit to modify the custody relationship if the other party persistently blocks visits and affects the child's growth. Main legal basis: - Article 1086 of the Civil Code of the People's Republic of China (effective from January 1, 2021) regarding visitation rights; - Relevant provisions of the Civil Procedure Law of the People's Republic of China (amended on September 1, 2023 and effective from January 1, 2024) regarding enforcement measures; - 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 February 28, 2021) regarding visitation rights; - Specific application shall be subject to the currently effective provisions.

5. Henglue Law Firm's Reminder

There are three key points in the enforcement of visitation rights: the police can only deal with public security conflicts, and forced enforcement is the right approach; every time encountering obstacles, it is necessary to keep records, and the chain of evidence determines the intensity of enforcement; long-term blocking of visitation rights will backfire, and changing custody rights is a legal lever provided by the law. Those involved in the enforcement of visitation rights can seek help through the following channels:Divorce litigation and family disputesWe can provide a comprehensive solution for the service, which includes the integration of enforcement procedures.Creditor's rights and debts, and enforcementFor reference, the sections involving changes in custody rights and the protection of minors can be consultedSpecial servicesFor columns, those involving property disputes after divorce can be consulted\nInheritance of property and division of family assetsTeam.

VI. Frequently Asked Questions

Q1: Can the right to visit be enforced by applying for compulsory execution?

Yes. If the visitation arrangements determined by the effective judgment or mediation agreement are refused by the other party, you can apply to the first-instance court for compulsory enforcement. The enforcement measures are aimed at the custodial parent who refuses to assist, including fines and detention. Through the enforcement settlement, the handover details can be refined, and in most cases, the visitation can be resumed.

Q2: If the other party hides the child, is it useful to call the police?

Depending on the circumstances. If the child is snatched or hidden accompanied by physical conflicts or continuous harassment, the public security organ may handle it as a public security case and issue a record, which will be an important evidence in subsequent enforcement and litigation for changing custody rights; for civil disputes involving simple refusal to visit, they should still be resolved through court enforcement procedures.

Q3: How long does it take to enforce the right to visitation?

After the case is registered, the court usually first interviews the obligee and organizes a settlement. If everything goes well, the visitation rights will be restored within a few weeks; however, if the obligee refuses to cooperate, the process will enter the fine and detention phase, which will take longer. The effectiveness of the enforcement depends on the adequacy of the evidence. Cases with complete evidence progress significantly faster.

Q4: Can you ask for the return of your child because the other party won't allow you to visit them?

For those who maliciously obstruct visitation for a long time and seriously affect the physical and mental health of their children, they can sue for a change in the custody relationship as a statutory ground for litigation; if children aged eight or above wish to live with the other party and the other party has the ability to raise them, the court will also give priority consideration. It is recommended to first go through the enforcement procedure to fix the evidence of the other party's refusal to assist, and then decide whether to change the custody relationship.

Q5: Can the visiting arrangements be modified?

Yes. If the original arrangement becomes inconvenient due to the children's growth, changes in their studies, or changes in either party's work, the two parties may amend the visitation arrangements in writing; if no agreement can be reached, either party may file a lawsuit to request adjustments to the visitation time, frequency, and methods, with the best interests of the children as the standard, without affecting the original custody arrangement.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudicative 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, 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 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 time.