South KoreaWhat is the right of visitation?
The right of visitation in South Korea is the non-custodial parent’s legally protected right to meet and communicate with their child, as guaranteed under the Civil Act.
What the Law Says
South Korean law recognizes visitation as a fundamental parental right tied to parental authority, but always subordinate to the child’s best interests.
Under the Civil Act, a parent who does not have custody retains the right to visit and communicate with their child. This right is not absolute — it may be restricted or denied if visitation would harm the child’s physical, mental, or emotional well-being.
The court may specify the time, place, duration, and manner of visitation in a custody ruling or separate order. If one parent obstructs lawful visitation without just cause, the other may petition the family court for enforcement.
Importantly, visitation rights arise automatically upon divorce or separation unless explicitly limited by court order — no separate application is needed to 'establish' the right, only to enforce or regulate it.
Statutory TextA parent who does not have custody of a child shall have the right to visit and communicate with the child, unless such visitation is deemed harmful to the welfare of the child.
— Civil Act, Art. 837-2 — Right of Visitation
Statutory TextIf a person who has custody of a child refuses to allow visitation without justifiable grounds, the family court may order the person to comply within thirty days.
— Civil Act, Art. 837-2 — Right of Visitation
What to Do
Confirm whether a court order already defines visitation terms (e.g., schedule, location, supervision).
If visitation is being denied without justification, file a petition for enforcement under Civil Act Art. 837-2 with the competent Family Court.
Attach evidence of denial (e.g., messages, logs, witness statements) and propose reasonable visitation terms.
Attend court hearings; the court may mediate, issue an enforcement order, or modify arrangements based on the child’s welfare.
If the custodial parent repeatedly violates the order, request sanctions — including fines or adjustment of custody — under court procedural rules.
Sources
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JapanNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.