CONTENTS
- 1. Client Who Requested a Petition for Permission of Visitation from the Divorce Law Office
- 2. Divorce Law Office: “The Other Party's Unlawful Conduct Led to This Petition”
- - What the Divorce Law Office Explains About the Petition for Permission of Visitation
- 3. Court Accepts the Divorce Law Office's Arguments and Grants Visitation
1. Client Who Requested a Petition for Permission of Visitation from the Divorce Law Office
The client who sought assistance from the divorce law office had gone through a consensual divorce with their spouse several years earlier.
After the divorce, the client had been raising the child, but the other party took the child due to work-related circumstances.
However, the other party did not honor the visitation promised to the client. Having had no knowledge of the child's situation for more than a year, the client ultimately decided to file a petition for permission of visitation.
In need of legal assistance, the client entrusted the matter to the divorce law office Daeryun.
When a Spouse Refuses to Allow Visitation with the Child After a Consensual Divorce
The client obtained custody in the course of a consensual divorce. However, the client's work circumstances later changed, and the client had to transfer care of the child to the other party.
However, the other party refused to allow the client to see the child, and this situation continued for several years.
No longer able to endure the situation, the client sought out a divorce law office to find a solution.
The divorce law office Daeryun committed to doing its best to enable the client to see the child.
2. Divorce Law Office: “The Other Party's Unlawful Conduct Led to This Petition”
Through careful consultation with the client, the divorce law office Daeryun Law Firm formed a team of attorneys made up of several professionals with extensive experience in visitation permission cases.
Daeryun's attorney team firmly argued that the petitioner's meeting with the child is a matter legally established, and that the other party, who was failing to comply with it, was at fault.
■ The petitioner had been designated as the custodian at the time of the consensual divorce.
■ When the petitioner found it difficult to care for the child due to unavoidable circumstances such as a change of employment, the other party offered to raise the child.
■ At that time, the other party promised to allow visitation with the child, but had failed to honor it for several years.
■ For the welfare of the child, this petition should be granted.
What the Divorce Law Office Explains About the Petition for Permission of Visitation
When spouses with children divorce, custody is granted to one of the two.
The custodial parent assumes full responsibility for raising the child, while the non-custodial parent may see the child after the divorce in accordance with the agreed visitation terms.
The right of the non-custodial parent to see the child is called the “right of visitation.” Because this also carries an obligation, the parties should make every effort to carry out visitation.
Where the right of visitation is not honored, a petition for permission of visitation may be filed to correct the situation. Together with the divorce law office, we will review the relevant statutes.
Civil Act Article 837-2 (Right of Visitation) (1) A parent who does not directly raise a child (子) and the child (子) shall have a mutual right of visitation. (2) Where the lineal ascendant of a parent who does not directly raise a child (子) is unable to have visitation with the child (子) because that parent has died or due to illness, residence abroad, or other unavoidable circumstances, such ascendant may petition the family court for visitation with the child (子). In such cases, the family court shall take into account the intent (意思) of the child (子), the relationship between the person petitioning for visitation and the child (子), the motive for the petition, and other circumstances. (3) Where necessary for the welfare of the child, the family court may restrict, exclude, or modify visitation upon the petition of a party or on its own authority. |
If a petition for permission of visitation does not proceed properly, there is also the option of changing custody.
In a custody change lawsuit, it must be proven that changing custody is more beneficial to the welfare of the child.
Proof must be possible through objective evidence, such as the plan for how the child will be raised and whether such care could be more beneficial to the child than care by the current custodian.
3. Court Accepts the Divorce Law Office's Arguments and Grants Visitation
The court accepted the arguments of Daeryun Law Firm's divorce law office and issued a judgment stating, “The petitioner may have visitation with the child from the date this judgment becomes final until the child reaches the age of majority, and the other party shall actively cooperate with this.”
The client, who had been unable to see the child for several years due to the other party's obstruction, was able to see the child without difficulty thanks to the assistance of the divorce law office Daeryun.
Daeryun Law Firm assembles execution teams made up of multiple legal professionals to maximize expertise, and it handles entrusted matters through Daeryun's own litigation system built on its record of resolved cases.
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