ENGLISH

- A parent who does not directly foster a child after divorce and the child has the mutual right of visitation (Article 837-2(1) of the Civil Act)

- Various means can be used for visitation, including direct meetings, exchange of letters, talking on the phone, exchange of gifts, a stay for a certain period (for instance, a weekend sleepover), etc.

- A lineal ascendant of a parent who does not directly foster the child after divorce may petition the family court for visitation with the child if such a parent is deceased or cannot visit the child for an inevitable cause such as illness, residence abroad, etc. (former part of Article 832-2(2) of the Civil Act).

- In such an event, the family court decides whether to allow the visitation in consideration of the child’s will, the relationship between the child and the person petitioning for visitation, the motive for the petition, and other circumstances (latter part of Article 837-2(2) of the Civil Act).

- Visitation rights must be exercised in consideration of the child’s welfare as a priority (Article 912 of the Civil Act). Therefore, if the child does not wish to meet the parent, the parent meets the grounds for losing custody, or otherwise necessary for the child’s welfare, the family court may limit, exclude, or modify visitation by party petition or ex officio (Article 837-2(3) of the Civil Act).

- The spouses decide by an agreement on the means and scope of visitation exercise. If they fail to reach an agreement, the family court decides by petition [Articles 837(2)3 and 843 of the Civil Act; Article 2(1)2(b)(iii) of the Family Litigation Act].

- If a divorced parent remarries and the child is fully adopted, the birth parent’s visitation rights are no longer recognized. The fully adopted child is deemed a child born in wedlock to the remarried spouses (Article 908-3(1) of the Civil Act), terminating the preadoption family relations (Article 908-3(2) of the Civil Act).