Since our divorce four months ago, I have continued to provide financial support for our child, who lives with my ex-wife. During this period, I have sent money and various supplies—such as milk, sugar, and a tael of gold—in addition to multiple cash payments.
All I ask is to stay updated on my child’s well-being through photos or videos, or to have the opportunity to visit in person. However, each time she receives money, my ex-wife blocks me on Zalo and Facebook and prevents me from seeing our child. For the past two months, I have had almost no information about how my child is doing.
This month, I stopped sending money. My ex-wife called to say that if I want to see our child, I must pay the amount she demands; otherwise, I will never be allowed to see the child again.
I remain committed to fulfilling my responsibilities as a father and maintaining a bond with my child; I also wish to avoid any conflict that might negatively affect the child. If my ex-wife continues to obstruct my access, which authorities can I turn to for intervention?
Huy Khanh (Reader)
Legal Advice:
Following a divorce, child support and visitation are two independent rights and obligations; one cannot be made a condition for the other.
According to Article 82 of the Law on Marriage and Family, the parent who does not have direct custody of the child has an obligation to provide child support, as well as the right and duty to visit the child—a right that no one may obstruct.
Conversely, if the non-custodial parent abuses their visitation rights in a way that negatively impacts the child’s care, upbringing, or education, the custodial parent has the right to request that the Court limit these visitation rights.
Therefore, while an ex-wife may request a change in the child support amount if deemed necessary, she cannot make the payment of additional funds a condition for the father to see his child.
Obligation to provide child support remains even if visitation is obstructed
It should be noted that being prevented from visiting one’s child does not constitute grounds for a father to cease his child support obligations.
If a divorce judgment or court decision has already established the child support amount, the father must continue to comply with that ruling. Any additional financial support beyond the established amount should be a matter of mutual agreement between the parties and should not be used as a bargaining chip for visitation rights.
Ideally, both parties should clearly discuss the timing, methods for visitation, and arrangements for picking up and dropping off the child, while avoiding conflicts or using money as a form of pressure. If necessary, they may seek mediation assistance from relatives or local organizations.
Seeking legal intervention in cases of repeated obstruction
If visitation continues to be obstructed, the father should document instances—such as by saving messages or keeping a record of requests to visit that were denied—to serve as evidence when seeking intervention from the competent authorities.
In cases where a court judgment or decision explicitly grants visitation rights, but the custodial parent fails to comply, the non-custodial parent may request that the civil judgment enforcement agency take action to ensure compliance in accordance with the law. Obstructing the right of a parent to visit or care for their child—except in cases where such visitation rights have been restricted by a court—may also be subject to administrative penalties.
According to legal counsel, the ultimate goal is not for one parent to "win" a dispute against the other, but rather to ensure that the child receives proper care while maintaining an emotional bond with both parents following a divorce.