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目前我国夫妻离婚后双方对未成年子女的家庭监护,主要是探望和直接抚养两种形式。《婚姻法》及其解释(一)中对探望权和直接抚养权的条款性规定,对夫妻离婚后未成年子女家庭监护权利和义务的行使做出了调整。现实生活中,夫妻离婚给未成年子女造成的身心伤害是切实存在的,直接影响着未成年子女的健康成长。为了最大限度减少夫妻离婚对未成年子女带来的影响,关爱未成年人身心健康成长,本文从未成年人最佳利益原则出发,探析探望权的性质、探望权与直接抚养权之间的关系,探索夫妻离婚后对未成年子女家庭监护的完善。
At present, the family custody of underage children by the two sides after the divorce in China is mainly in the form of visits and direct rearing. The Marriage Law and its interpretation (1) The provision of the right to visit and the right of direct custody makes adjustments to the exercise of family custody rights and obligations of minor children after divorce. In real life, the divorce between husband and wife to minor children caused physical and psychological damage is real, a direct impact on the healthy growth of children. In order to minimize the impact of couples’ divorce on underage children and to care for the healthy growth of minors, this article starts from the principle of the best interests of minors to explore the relationship between the nature of visit rights, the right to visit and the right of direct custody , To explore the improvement of family custody of children after divorce.