Q
How should I respond to visitation rights non-fulfillment?
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My case has gotten complicated, and I've essentially committed multiple serious criminal offenses at the same time. I heard that in such cases, you're punished as a 'concurrent offender' — I'd like to know the definition of concurrent offenses. Will I be sentenced based on the most severe offense with a higher sentence, or will the sentences for all offenses be combined into a longer prison term?
visitation rights non-fulfillment
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作者: 김국일
If visitation rights non-fulfillment occurs, you can respond through compulsory procedures via the family court.
Visitation rights confirmed by court judgment or mediation have legal effect, so sanctions are possible if the other party does not comply.
Responses to visitation rights non-fulfillment proceed in the following stages:
1. Filing for an enforcement order
You file for an enforcement order with the family court to request compliance with the established visitation rights.
If non-fulfillment is recognized, the court orders fulfillment.
2. Imposition of fines
If visitation rights non-fulfillment continues even after the enforcement order, the court can impose a fine of up to 10 million won by the court's authority to apply economic pressure.
3. Indirect enforcement application
You can consider applying for indirect enforcement that orders payment of a certain amount per visitation violation.
This is a means of giving psychological and economic pressure to the other party to draw out voluntary fulfillment.
4. Custodian change review
If visitation rights non-fulfillment is repeated for a long period and the negative impact on the child's welfare is clear, you can petition for a change of custody.
When proceeding with the procedure, securing materials proving non-fulfillment is important.
Therefore, you must systematically organize and submit text messages, call records, schedule notification details, etc.
Visitation rights non-fulfillment is an issue of non-compliance with court decisions, so you need to accurately select and respond with procedures suited to the situation.
Daeryun Law Firm comprehensively reviews step-by-step procedures from filing for enforcement orders to indirect enforcement and custodian change petitions for visitation rights non-fulfillment matters and establishes response strategies.
If you are having difficulty due to visitation rights non-fulfillment, please review legal procedures together with a divorce specialist attorney so that the relationship with your child can be stably continued.
Korea's 9th-ranked law firm Daeryun (based on 2025 National Tax Service VAT filings) provides trust-based legal services.
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