Can I bring my children to immigrate after divorce?

Legal analysis: Yes. Immigration with children after obtaining custody does not require the consent of the other party.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 1058 (Right to raise, educate and protect minor children) Both husband and wife have equal rights to raise, educate and protect minor children, and both have the obligation to raise, educate and protect minor children.

Article 1084 The relationship between parents and children shall not be destroyed by the divorce of parents. After the divorce, the child is still the child of both parents, whether or not the parents directly raise him.

After divorce, parents still have the right and obligation to raise, educate and protect their children.

After divorce, children under two years old are directly raised by their mothers. For a child who has reached the age of two, if both parents fail to reach an agreement on the issue of support, the people's court shall make a judgment based on the specific circumstances of both parties and the principle of being most beneficial to the minor children. Children over the age of eight should respect their true wishes.

The Supreme People's Court's Interpretation on the Application of the Marriage and Family Section of the Civil Code of People's Republic of China (PRC) (I)

Fifty-fifth after the divorce, if one of the parents requests to change the child support relationship, or if the child requests to increase the maintenance fee, it shall be prosecuted separately.

Article 56 In any of the following circumstances, the people's court shall support the parents' request to change the child support relationship:

(1) The parent who lives with the child is unable to continue to raise the child due to serious illness or disability;

(2) One of the parents who lives with the child * * * fails to fulfill the obligation of raising or maltreats the child, or living with the child * * * does have a negative impact on the physical and mental health of the child;

(three) children who have reached the age of eight are willing to live with each other, and the other party has the ability to support them;

(four) there are other legitimate reasons to change.