On the Path to Perfecting Inter-Generational Visitation Rights

DOI: https://doi.org/10.62517/jel.202514309

Author(s)

Jiangxin Liu

Affiliation(s)

China Jiliang University, Hangzhou, Zhejiang, China

Abstract

With the change of family structure and the rise of divorce rate, disputes over the right to visit grandchildren have gradually become a common social phenomenon. At present, there is a lack of clear provisions on the right of inter-generational visitation at the legislative level in China, and there is no legal basis for the adjudication of such disputes in practice. However, it can be seen from the summary of the existing judgment ideas that judicial practice has responded to the inter-generational visitation right, and the lack of law does not mean a negative attitude towards the inter-generational visitation right. Based on the specific cases, this paper analyzes the problems existing in the practice according to the legislative and judicial status quo of the inter-generational visitation right, and puts forward some suggestions on the improvement of the inter-generational visitation right based on the principle of maximizing the interests of minors, aiming to build a reasonable inter-generational visitation right, better protect the legitimate rights and interests of minors and the elderly, and promote social harmony and stability.

Keywords

Visitation Rights; Inter-Generational Visitation Rights; Child-Centered Approach; Best Interests of the Child

References

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