How to compel the performance of visitation obligations
Application for an implementation order to family court- If the other party fails without just cause to perform the obligation to allow visitation, the implementation of such obligation may be requested to the family court (Article 64 of the Family Litigation Act).
※ Details on implementation orders are found in the <Property Issues-Consolation Money-How to Compel the Payment of Consolation Money> of this article.
Request for the imposition of administrative fines for the violation of an implementation order- If the other party fails to allow visitation despite an implementation order, an administrative fine not exceeding KRW 1 million may be imposed on the other party by the visitation right holder’s request to the family court, etc. (Article 67(1) of the Family Litigation Act).
- However, unlike cases involving consolation money, child handover petitions, etc., the court cannot be petitioned to detain (hold) the other party for the violation of the implementation order of the family court to compel performance (Article 68(1) of the Family Litigation Act) because detaining the fostering person may harm the child’s welfare by disrupting fostering arrangements.