In reality, there are cases where, after the first divorce, kết quả bóng đá trực tiếp has resolved the issue of child custody, and then the couple remarries and later divorces again for various reasons. Will kết quả bóng đá trực tiếp handle the matter of shared child custody in the second divorce in Vietnam? This issue currently has different opinions.
For example, in kết quả bóng đá trực tiếp following case:
In 2013, kết quả bóng đá trực tiếp District People's Court X issued a judgment and decision granting kết quả bóng đá trực tiếp divorce of Mr. T and Ms. C. They were granted custody of their child, B, born in 2008, to Ms. C. Mr. T was not required to provide support for B because Ms. C did not request it.
In 2014, Mr. T and Ms. C resumed living together and registered their marriage according to legal regulations. During their cohabitation, they continued to have conflicts, so Mr. T filed for divorce and requested kết quả bóng đá trực tiếp grant him the right to custody of B. Will kết quả bóng đá trực tiếp handle Mr. T's request for child custody?
kết quả bóng đá trực tiếp first viewpointargues that when Mr. T and Ms. C remarried, their marital relationship became legal. However, during their cohabitation after the divorce, they did not have any additional children together. Therefore, if Mr. T and Ms. C have a dispute over their divorce and Mr. T requests that kết quả bóng đá trực tiếp grant him custody of B, kết quả bóng đá trực tiếp will only handle the divorce between Mr. T and Ms. C. The request for shared child custody will not be addressed. This is because:
- The issue of child custody (B) between Mr. T and Ms. C has already been resolved by kết quả bóng đá trực tiếp. Therefore, kết quả bóng đá trực tiếp cannot handle the dispute over child custody between Mr. T and Ms. C for the second time.
- The divorce judgment between Mr. T and Ms. C issued by the District People's Court X is still legally effective (except for the decision on their divorce). The judgment has not been annulled or partially amended by any other judgment or decision. Therefore, Ms. C still has the right to continue to care for B, according to kết quả bóng đá trực tiếp's judgment.
- If there is evidence that Ms. C is unable to meet the conditions for nurturing and caring for B, then Mr. T can only file a lawsuit requesting kết quả bóng đá trực tiếp to change the custodian without having the right to request kết quả bóng đá trực tiếp to handle the dispute over shared child custody.
kết quả bóng đá trực tiếp second viewpointargues that according to the current legal regulations, when kết quả bóng đá trực tiếp handles divorce disputes, it must resolve all related issues, including shared child custody, support, division of shared assets, etc. Therefore, when Mr. T and Ms. C remarried, they established a new marital relationship, so when they have a dispute over child custody in the divorce, kết quả bóng đá trực tiếp must handle it and decide which spouse will have custody.
kết quả bóng đá trực tiếp's decision to grant custody of B to Ms. C for nurturing does not have permanent validity. In 2014, when they remarried, they reestablished the marital relationship between T and C, between the couple and their shared child, B. Therefore, in the second divorce, kết quả bóng đá trực tiếp must continue to address all relevant issues regarding the divorce between Mr. T and Ms. C, including the dispute over child custody (if requested).
There are opinions that disagree with the viewpoint that kết quả bóng đá trực tiếp only handles the divorce between Mr. T and Ms. C and does not handle the request for shared child custody.
According to the current legal regulations, when kết quả bóng đá trực tiếp handles cases related to marriage and family matters, including divorce disputes, it has the responsibility to consider and resolve all related issues, including marriage, divorce, and rights and obligations between spouses before and after divorce with children, for all cases (if requested). In the case of divorce and the dispute over child custody between Mr. T and Ms. C mentioned above, the following issues need to be clarified:
In 2013, kết quả bóng đá trực tiếp District People's Court X issued a judgment and decision granting kết quả bóng đá trực tiếp divorce of Mr. T and Ms. C and, at kết quả bóng đá trực tiếp same time, granting custody of their shared child, B, to Ms. C for nurturing. Mr. T and Ms. C are no longer bound by kết quả bóng đá trực tiếp marital relationship, but regarding kết quả bóng đá trực tiếp parent-child relationship between Mr. T, Ms. C, and their child, B, it still exists according to kết quả bóng đá trực tiếp provisions of kết quả bóng đá trực tiếpLaw No. 52/2014/QH13 dated June. kết quả bóng đá trực tiếp's decision to grant custody of B to Ms. C for nurturing must be understood as not being permanently valid and does not diminish B's legal position in the parent-child relationship (giving custody to Ms. C after divorce does not mean that B is no longer the shared child of the couple).
In addition, based on Article 58 of kết quả bóng đá trực tiếpLaw No. 52/2014/QH13 dated June, if there is no divorce, there will be no dispute over child custody. Therefore, when the divorce no longer exists (in 2014, the couple reconciled and registered their marriage according to legal regulations), this action has reestablished the marital relationship between T and C and between the couple and their shared child, B. Therefore, in the second divorce, kết quả bóng đá trực tiếp must continue to address all relevant issues regarding the divorce between Mr. T and Ms. C, including the dispute over child custody (if requested).
PleaseLoginto be able to download