Parents' Rights and Obligations of after Their Divorce

Provisions of The Civil Code of the People’s Republic of China (2021) Regarding the Rights and Obligations of Parents after Their Divorce

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Article 1084. The relationship between parents and their children shall not be terminated due to the divorce of parents. After parents' divorce, any child, whether directly raised by either parent, shall remain a child of both parents.

After their divorce, parents shall remain entitled and obligated to raise, educate, and protect their children.

After their parents' divorce, any child who has not attained to the age of 2 years shall, in principle, be directly raised by the mother. Where parents fail to reach an agreement on the guardianship and maintenance of any minor child who has not attained to the age of 2 years, the people's court shall render a judgment in the best interests of the child, considering the status quo of both parents. Respect shall be accorded to the true intention of any child who has attained to the age of 8 years in determining their guardianship.

Article 1085. Where a child is directly raised by either parent after their divorce, the other parent shall pay all or part of the child maintenance. Divorced parents shall reach an agreement on the amount and duration of child maintenance, failing which the people's court shall render a judgment.

The agreement or judgment specified in the preceding paragraph shall be without prejudice to the child's reasonable claim, where necessary, from either parent for an amount beyond the amount specified in the agreement or judgment.

Article 1086. After their divorce, either parent who does not directly raise a child shall have the right to visit the child, and the other parent shall provide assistance.

Divorced parents shall reach an agreement on how and when to exercise the right to visit the child, failing which the people's court shall render a judgment.

Where the visit by either parent is physically or mentally harmful to the child, the people's court shall suspend such parent's visit according to law, which shall be resumed upon the termination of the cause for such suspension.