Civil Liability for Interfering with Visitation Rights
The issue of remedies for impaired visitation rights should be addressed under the framework of obligations.The increased pressure on the parent with the physical custody cannot serve as a prima facie reason to preclude the application of the law of obligations.Depending on whether there is an agreement regarding the exercise of visitation rights,various forms of liability may arise,including liability for compensation for breach of contract,liability for failure to fulfill statutory obligations,and liability for compensation for tort.The agreement on visitation rights as an accord on pure personal relationships is legally binding to some extent,and under the precondition that there is no direct harm to the interests of a minor child,norms regarding breach of contract can be applied by analogy based on Article 464(2)of Civil Code of China.Even without a specific agreement between both parties,legal obligations exist between them.The parent with the physical custody is obliged not only to assist the other parent without physical custody in exercising visitation rights,but also to protect relevant property interests of the other parent without physical custody.When the parent with physical custody fails to fulfill such duties,norms on liability for failure to fulfill obligations can be provoked by linking to Article 468 of Civil Code of China.Visitation rights enjoy the nature of absolute right at the external level and are protected by tort law.Regardless of the basis for liability,general fault-based criteria should be adopted,and futile expenses should be included in the scope of damages.
Parent-Child RelationshipVisitation RightsInterests of A Minor ChildDuty to Assist
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维普
