A Study on the Visitation Right on the Family Law

After the divorce, children are raised by just one parent. Thus, another parent who cannot meet their children can have the visitation right constantly, this is the visitation right which is regulated in Civil Code Article 837, Paragraph 2. This visitation right has become necessary as a way to mitigate the impact for whom receive the largest hurt by divorce of parents. Korea introduced this system by receiving the many institutions of the western countries such as Anglo-American Western country in 1990. And also in amended the Civil Code in 2007, it did not regulate the children as the object of visitation for their healthy growth. And to raise the children as main of the visitation like their parents, “one of the parents who do not directly raise children and their child can get the visitation right” likes this, it was amended. Therefore, when necessary for the healthy development and well-being of children, the Family Court could limit the visitation right. Before introduce of this system, there was also a legal case of the Seoul High Court in 1987 which recognized the visitation right. And by the amendment act the visitation right was recognized as a prestigious, also to Family Litigation Act, the relating procedure was prescribed as substantive law and procedure act. However, to the Civil Code Article 837-2 Paragraphs 1 and 2 prescribes only comprehensively, there is no specific procedures relating to the visitation right, it is in issue. Especially, as the recent increase in dual-career couples, the case that who cannot care their children by themself, due to hardships of life, grandparents or relatives raising children. Nevertheless, there is no separate regulation about visitation right for the actual caregivers, it is emerging as a social problem. Therefore, in this paper, we will review the whole problem about visitation right for smooth growth and emotional stability of children who are in divorce family and propose more specific and active use of this system.