The ACDC law office advises:
Question: According to the current Law on Marriage and Family, in what cases can the rights of a parent be restricted with respect to a minor child (under 18 years old)? Who has the right to request a competent authority to restrict a parent's rights toward the minor child? Thank you!
Answer by ACDC’s Law Department:
* Cases of restriction on parents’ rights toward their minor children:
According to Clause 1, Article 85 of the 2014 Law on Marriage and Family stipulating restrictions on parents’ rights toward their minor children, a parent shall have his/her rights toward a minor child restricted when:
- He/she is convicted of one of the crimes of intentionally infringing upon the life, health, dignity, or honor of this child or commits acts of seriously breaching the obligations to look after, care for, raise, and educate children;
- He/she disperses property of the child;
- He/she leads a depraved life;
- He/she incites or forces the child to act against law or social ethics.
On a case-by-case basis, a court shall (itself, or at the request of the persons, agencies or organizations to restrict a parent’s rights toward a minor child) issue a decision disallowing a parent to look after, care for, and educate a child or manage the child’s own property or act as the child’s representative at law for between 1 and 5 years. The court may consider shortening this period of time.
* Persons entitled to request a court to restrict a parent’s rights toward a minor child:
According to Article 86 of the 2014 Law on Marriage and Family, persons entitled to request a court to restrict a parent’s rights toward a minor child are as follows:
- A parent or guardian of a minor child has, as prescribed by the civil procedure law, the right to request a court to restrict a parent’s rights toward this child.
- The following persons, agencies and organizations have, as prescribed by the civil procedure law, the right to request a court to restrict a parent’s rights toward a minor child:
+ Next of kin;
+ The state management agency in charge of families;
+ The state management agency in charge of children;
+ The women’s union.
- When detecting a parent committing violations, other persons, agencies and organizations have the right to request the state management agency in charge of families, the state management agency in charge of children, or the women’s union to propose a court to restrict this parent’s rights toward the minor child.
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