Settlement agreement on determining the child’s place of residence (sample)

During a divorce, persons who have common children have to resolve issues about their place of residence, the order of their upbringing and maintenance. It’s faster and calmer to do this outside of court by mutual agreement.

A sample divorce agreement regarding children, as well as the nuances of its preparation, will be provided later in the article.

Order of communication

Parents, according to the provisions of family law, have equal rights and obligations.

However, most often, in a divorce, one of them remains with the children, while the other lives separately.
At the same time, he should be given the opportunity to freely meet with children, receive all information about their lives, and participate in it.
Therefore, the question arises about regulating the order of communication between the departed parent and the children.

In addition, parents need to agree on the rules for raising children together and participating in their financial support. How and where you can draw up an agreement on children upon divorce, as well as its sample, we will consider further.

Firstly, even before the divorce, spouses can draw up a document that resolves all issues related to children after the divorce. It is better to record the agreements reached on paper.

It will be even more reliable to officially certify the document drawn up by a notary.

Spouses have the right not to present it to the court during divorce proceedings, indicating that they do not have a dispute regarding the upbringing, residence and maintenance of children.

Secondly, the resolution of this issue can be taken to court. Spouses can submit the agreement they have drawn up to the judge for review. If there is none or it is recognized as violating the interests of one of the spouses and (or) children, then the court considers these issues on its own initiative. When considering a divorce claim, you must:

Then, at the request of one of them, this issue is resolved by the court with the involvement of the guardianship authorities.
Based on all the circumstances presented by the parties and the opinion of the guardianship representative, the court makes its decision determining the procedure for the former spouses to exercise their rights.
However, the parties during the review process can come to a common opinion and enter into a settlement agreement.
Below is a sample settlement agreement between parents to determine the child’s place of residence.
Sample settlement agreement.

Thirdly, after the decision on divorce, spouses have the right to enter into agreements on the exercise of their parental rights. They can reach any agreements that do not contradict the law and children's interests. To resolve issues regarding the joint upbringing of children and their place of residence, a simple written document may be drawn up.

Important! If the agreement resolves the issue of alimony payment, then it requires notarization. Otherwise, it cannot be applied due to its insignificance.

This requirement is contained in Article 100 of the Family Code of the Russian Federation. In addition, it states that an alimony agreement certified by a notary has the force of an executive document. This means that if its conditions are not met, you can apply for the collection of alimony payments directly to the bailiff service.

What aspects can be set in it?

Its text may contain the following provisions:

on the maintenance of children until adulthood;
about their residential address;
about participation in their upbringing, maintenance of a separate parent;
on the exercise of parental rights.

All of these provisions can be reflected in one document at the same time . The parties also have the right to agree separately only on some of the above points.

You can enter into several agreements for each of the grounds or for different children. When concluding them, the principle of voluntariness applies.

Spouses can include in the document any points on which they have reached a common opinion. At the same time, they should not infringe on anyone’s rights.

Important! When resolving issues about children, spouses should also be interested in their opinion when they reach the age of ten.

Samples of agreements concluded by spouses during divorce

They can be drawn up and concluded in any form and include all the points discussed by the spouses.
The main thing is to prevent the inclusion in the document of clauses that infringe on the interests of the second parent, children, or that are contrary to the laws of the country.
We will consider further examples of documents concluded by spouses during a divorce.

On establishing a place of residence

After a divorce, ex-spouses rarely continue living together. Consequently, they have to decide with whom their children will live. Most often they remain to live with their mother.

When deciding this issue, age, attachments and interests, existing conditions in the apartment, proximity to a kindergarten or school, and other important points are taken into account. Children from the age of ten can already be asked for their opinion on this matter. How to correctly draw up an agreement about with whom a minor child will live.

Such a document should be drawn up in writing. There is no need to have it certified by a notary. Although, at their own request, parents can contact a notary for his certificate.

The text of the document must contain the names of the parties concluding it, information about the children whose place of residence is being determined.

Further in the text it is indicated with whom and at what address the minor will live. In this case, it would be useful to separately state the right of the second parent to see their children without hindrance.

Living separately should not limit the rights of the other parent and children to communicate with each other. The document may only include a general statement of the residential address.

It is also possible to establish specific times, rules, places and durations of meetings between children and a parent who does not live with them. The possibility of such meetings may be prescribed only in the presence of both parents or in a certain territory.

The contents of the document are determined individually by agreement between spouses (former spouses). It must be signed by both parties, contain the date and place of signing.

Sample agreement on the place of residence of children.

About education and financial support

When parents live separately, these issues must be resolved taking into account the interests of all parties, as well as the requirements of current family norms.

The main parental responsibilities include organizing the educational process.

Both mom and dad are equally responsible for the normal development of children and providing for their basic needs.

A sample agreement on the upbringing and maintenance of a child must include the following information:

date and place of his imprisonment;
Full name, passport details, addresses of parents;
information about all common children;
agreements reached on issues of their education;
resolving the issue of payment of alimony payments.

Provisions on education can be prescribed in detail. The agreement can determine the rights of each of the parents or only the one who does not live with the children. The text of the document may separately indicate options for resolving issues about studying, visiting various clubs and sections, traveling outside the country, vacations, visiting other relatives, the new family of the second parent, and spending time for children outside the home. The document must be signed by each party.

In the absence of disagreements, the parties can determine any size of these payments, as well as the frequency of their payment.

Typically, the parties agree on monthly payments as a percentage of earnings. However, one should take into account the amounts established by the RF IC for alimony. Often, the parties prescribe conditions for additional costs.

For example, in addition to monthly child support, the other parent must participate in making large purchases, paying for treatment, children's parties, and vacations.

When a document is used to resolve material issues or pay alimony payments, it must be certified by a notary. If the requirements for its form are not met, the agreement is considered void.

The provisions established by such a document cannot be applied by the parties. Below is a sample agreement on the maintenance of minor children during a divorce, as well as resolving issues regarding their upbringing.

Form of agreement on the upbringing and maintenance of children.

Conclusion

Achieving peaceful agreements on issues related to children is the best option for resolving them. You can draw up an agreement yourself in simple written form. At the request of the parents, it is certified by a notary.

This document can also be submitted to the court during a divorce. In the absence of violations, the agreements reached by the parents will be included in the court decision and will become binding on each spouse.

Settlement agreement on children in case of divorce (sample) - communication procedure

When a marriage is dissolved in a family with minor children, the court has to resolve a number of difficult issues (where and with whom the child will live, how the parent leaving the family will communicate with him, participate in his maintenance, and other nuances).

If the parents were unable to independently resolve all issues about the children before the divorce process (which is mandatory if they have common children) and the case is already under consideration by the court, the legislation still provides for the opportunity to come to an agreement, so to speak, at the very last moment and right in the process reach a settlement agreement.

A settlement agreement for divorce is a document in which the divorcing couple establishes a procedure for resolving issues about joint children and division of property, which, due to its peaceful nature of drawing up and taking into account the interests of both parties, has the legal force of a court decision .

When and by whom is it concluded?

The conclusion of a Settlement Agreement is possible at any stage of legal proceedings , namely:

from the moment of filing a claim for divorce in court until the start of the trial;
directly at the meeting to consider the divorce case;
when executing (preparing) a court decision.

The initiator of concluding a Settlement Agreement can be any of the parties (i.e., both the husband and wife). In addition, the court itself is interested and obliged to take maximum measures to conclude a settlement agreement during the process if it sees that the parties are morally ready to agree on all the most important aspects relating to their common children (clause 5 of Article 150 of the Code of Civil Procedure of the Russian Federation).

The judge is also obliged to explain to the spouses a special procedural consequence: when concluding a settlement agreement, repeated appeal to the court in a dispute between the same parties, about the same subject and on the same grounds is not allowed (Article 221 of the Code of Civil Procedure of the Russian Federation).

Contents of the settlement agreement

Divorcing spouses can come to an agreement about their decision in two forms:

In writing - in any written form, prepare a document in advance in triplicate, which is subsequently attached by the court to the case materials.

Orally - at the trial it is necessary to make a joint oral statement of readiness to enter into a settlement agreement, and in this case:

the court adjourns the hearing and gives the parties time to draw up the document;
the oral expression of the will of the parties is immediately formalized in a protocol without isolating a separate document-agreement.

The legality of the settlement agreement and its content must be verified by the court, therefore, for its strict approval, the document must reflect:

Determining the place of residence of the minor (i.e. with which party and at what address the child/children will live after the parents’ divorce);
The procedure for communication with a child by a parent living separately (i.e. days and hours of meetings with the child, participation in his education, treatment, upbringing, etc.);
Maintenance obligations of a separately living parent (the procedure and amount of payment of funds for the maintenance of a minor).

When drawing up a settlement agreement, both parties need to carefully ensure that each clause of the agreement is indisputable and does not require additional interpretation, and also strictly corresponds to the interests and rights of the minor child.

Sample settlement agreement for children during divorce in court

When preparing a settlement agreement on their own, parents often wonder: where to start and how to reflect on paper all the aspects regarding a common child? It should be noted that the settlement agreement:

does not have a special unified form according to the law (i.e. it is compiled arbitrarily);
contains personal data (full name, passport, registration address) of parents and child/children;
should disclose in detail all controversial points.

It must be remembered that the first aspect reflected in the agreement is the determination of the child’s place of residence after the parents’ divorce, and then the issue of participation in the upbringing of the separately living parent and the methods of financial support for the child are resolved. The main thing is that when preparing a document, spouses should not rush, but think through all the points to the smallest detail.

Failure to comply with the settlement agreement

When approving a peace agreement between the spouses, the court relieves itself of the obligation to resolve the dispute about the children and deals only with the dissolution of family ties.

It’s great if the accepted document is subsequently executed honestly and voluntarily, but there are cases when one of the parties evades fulfilling the conditions (or any individual point, for example, the mother does not allow the father to see the child / the father does not fulfill his obligations for alimony payments and etc.). In this case, there are 2 ways to solve the problem :

An application to the court for the issuance of a writ of execution is submitted to the court at the place of residence of the non-performing defendant with a description of the essence of the previously accepted agreement and the problem of its execution by the defendant on a specific point/s; at the end there is a request to issue a writ of execution for subsequent presentation to the Bailiff Service and enforcement (this application when written to the court is not subject to state duty).
A sample application for the issuance of a writ of execution can be viewed here.

Appealing a court ruling on concluding a settlement agreement

This form is less popular, as it has its own deadlines (only 15 days from the date of approval of the settlement agreement), and is applicable only when there is one hundred percent certainty that the settlement agreement will not be fulfilled.

Agreement on children in case of divorce

If a couple with minor children divorces, this can only be done through the courts. In this way, the protection of children is ensured - the court must pay special attention to all issues related to them and provide decent conditions.

Parents can enter into an agreement about children during a divorce if they are able to agree on all related issues, but in any case it is approved by the court.

If they cannot do this, then it is the court that has the responsibility to resolve the dispute.

This is the first important question that must be resolved. And usually custody remains with one of the parents. There is also an option with joint custody and alternating residence, but so far this is rarely practiced in our country.

Therefore, it is necessary to decide which of them the child will remain with, as well as under what conditions the second parent will participate in his life. Most often he stays with his mother, but if his mother and he himself don’t mind, then he can stay with his father. Parents have equal rights in this regard.

There are two ways to determine who he will stay with: go to court or sign an agreement.

Determining the child’s place of residence through the court

If it is impossible for the parents to independently reach an agreement on who the child will stay with, the court will deal with this issue.

When making a decision, many factors must be taken into account, such as the living conditions of the parents, income level, the opinion of the children themselves, and so on. Along with determining the place of residence, the procedure for communication with the second parent is also established.

Let us consider this process in detail - how it is determined with whom the child will live.

Let's start directly with going to court. You must contact the defendant’s place of residence. A claim is filed to determine the place of residence.

We have attached a sample of this application to the article; there should not be any particular difficulties in filling it out.

Let's consider points that may cause some difficulties: the claim must be properly argued, and the arguments, in turn, must be supported by the documents attached to it.

If the advantages of living with the plaintiff are described, indications are made of the advantage in the form of the availability of living space, which allows for a separate room for a son or daughter - a document indicating this is attached. If the other party does not have such an opportunity, you can also support this with a document confirming this fact. You should also refer to all legal norms that support your requirements.

Conclusion of a settlement agreement

A settlement agreement differs from a regular one in that it is concluded directly during the trial. It will form the basis of the court's ruling. This agreement must be in writing and filed by both parties in court. The parties sign it in the presence of a judge and then submit it for approval.

In this case, it is the responsibility of the court to verify its compliance with the law. If problems with this are identified, they need to be resolved.

Otherwise, it will remain in the same form in which the parties proposed it - since they have already agreed on everything, the court will not change the conditions. Therefore, it is worthwhile to carefully prepare the text of the agreement.

It is he who will determine issues regarding children, and both you and the other party will be able to refer to him, since when a dispute arises and is transferred to the court, the court will also rely on him.

Agreement about the child

Making a decision by the court

But if a settlement agreement could not be concluded, then it falls to the court to determine which parent the child will remain with and in what mode he will communicate with the second parent. What do judges base their decisions on? Next, we will analyze all the main factors influencing it, but before that we note the main point: the interests of the child are a priority.

Where there are better conditions, both material and moral, the court is called upon to determine it. Regarding behavior during the trial, one point should also be highlighted: you should not try to denigrate the other parent, or behave rudely towards him. It is unlikely that the court will appreciate such behavior, and it certainly will not be an advantage.

All the arguments you give should be supported by arguments.

Now let's move on to the factors from which the court will proceed:

Affections

If the child is ten years old, his opinion regarding who he wants to live with will be paramount. As for younger children, they undergo a special examination, based on the results of which experts make a decision about to whom they are more attached.

Moral qualities

The characteristics of those around you play a role, primarily from work and relatives. But this is not such an important factor, unless one of the ex-spouses leads an immoral lifestyle.

Prosecutions in the past

A criminal record, being registered in a psychiatric or drug treatment clinic are factors that affect the chances extremely negatively.

Conditions provided to the child

They relate to a variety of areas of life. How much attention are father or mother willing to give to their offspring? Is it possible to provide him with a better education? Living conditions are important - what kind of real estate the parent has, where it is located.

Employment and income

The nature of the employment is important – does the parent disappear on business trips for weeks at a time? You also need to provide a certificate about the amount of income and their sources.

How much will the way of life change?

All other things being equal, priority is given to the parent who does not intend to tear the child out of his usual environment, transporting him to another city and changing his environment.

Assessment of the guardianship and trusteeship authority

An employee of this body must visit both parents, inspect the proposed place of residence and communicate with them, and then make a conclusion about which parent it is better to leave the child with for his future.

Conclusions of other experts

Sometimes teachers, psychologists, and other specialists are involved.

Based on all these factors, the court makes a decision. Subsequently, it can only be changed by another court decision if the circumstances undergo serious changes.

Determination of the child’s place of residence by agreement

The process of determining a child’s place of residence in court lasts a long time and can seriously traumatize him mentally. Adults need to take this into account, and before starting the process, try to settle everything peacefully.

And the only option to do this is to conclude an agreement about the children; with its help, you can minimize the damage that divorce causes to the child’s psyche.

But such an agreement must also take into account the interests of each parent so that he can fully communicate with the child, and in order to conclude it, mutual understanding will have to be found on many complex issues. Only with their permission will it be possible to conclude an agreement on children during a divorce, and a sample of it is attached to the article.

Agreement form

This document is drawn up in writing, its purpose is to resolve all issues regarding children. If it also covers issues of alimony payments, then it will need to be notarized. The agreement will also need to be signed by the parties.

There is no strictly established list of issues that should be addressed, however, if it does not reflect the answer to the question of where the children will live, then the court must do so. Typically, the agreement concerns the following issues: with whom the children will live, what kind of assistance should be provided by the second parent, in what mode he will communicate with the children.

Statement of claim to determine the child’s place of residence

What terms should the agreement contain?

Let us expand on the terms of the agreement listed earlier. Which parent will the children live with? When determining this, you need to take into account all the important factors that we previously mentioned. It is important that the child is able to meet with the other parent on a regular basis. The agreement should reflect exactly the order of meetings.

Will they happen on a specific schedule, or at any time? Will the parent with whom the child lives have to be present?

We should not forget that the second parent also has both rights and responsibilities. He has the right to make decisions on important issues, to spend vacations with the child, but at the same time he is obliged to support him financially.

The latter most often occurs through the payment of alimony. The text may immediately reflect the volume and order of payments, although this can also be formalized in a separate agreement.

Let us note that if we are talking about a share of a parent’s salary, then it is impossible to prescribe payments lower than the court would do, that is, 25% of the parent’s income for one child, 33% for two, 50% for three.

Agreement on determining the child’s place of residence (sample)

Spouses with minor children can only dissolve their marriage in court. There is an exception to this rule. We talked about this in more detail in the article “Divorce from a minor child through the registry office.”

The most important question that the judge must resolve is who will the minor live with? If this issue was not raised by the parties to the divorce proceedings, the court decision will contain the wording: “there is no dispute regarding the child’s place of residence.” Or the judge specifies in the decision: “the child remains to live with the plaintiff (or defendant).”

Since 2015, the decision of the magistrate’s court does not have to be complete and motivated - the court is limited to simply issuing a resolution. In most decisions, the determination of the children’s place of residence is not specified, and the court only prescribes the operative part: “divorce.”

In other words, if during the divorce process the divorcees do not raise the issue of the place of residence of their common children, the fact of their residence with their mother or father is reflected in the court decision - formally. However, such a definition does not carry any legal significance in the future.

And if a marriage relationship has not been registered between the child’s father and mother (therefore, there is no divorce procedure), the issue of the minor’s place of residence will not be legally resolved.

Why do you need an Agreement on the child’s place of residence?

Why then establish the place of residence of minors, if this procedure is usually formal?

Firstly, an Agreement is concluded if the father and mother cannot determine which of them will be better for the children. Everyone stands on their own, and in such cases the only option is to resolve this issue in court.
Secondly, children very often become a means of manipulation and satisfaction of their own ambitions. To stop this, you should finally decide with whom - the father or mother - the children will stay.

Parents after a divorce can determine the place of residence of their children in two ways:

Independently discuss the issues of the child’s further residence, come to an agreement and put the agreement in writing, documenting everything with an Agreement. In addition, the document can specify other conditions that apply to children and adults (determine the order of meetings, conditions for communication and spending free time, making significant decisions - which school to study at, which sections to attend, where to spend vacations, etc.).
File a claim if an unresolvable dispute arises between the father and mother. In this case, the further place of residence of the minor will be determined in court.

Sample statement of claim to determine the place of residence of a child

You will learn more about how to resolve the issue of determining the place of residence of children in court by reading the article “Determining the place of residence of children after parents’ divorce.”

It is preferable if parents resolve issues concerning children without anyone’s help. Spouses need to try to reach mutual understanding. This will most likely eliminate the risks of disputes, resistance or refusal to fulfill the conditions specified in the Agreement or court decision.

At the same time, parents can reach agreement on the issue of the child’s residence if only ideal conditions are created - both for themselves and for the child.

There must be trust between father and mother, adults should not be subject to bad habits, and the psychological and physical development of the child should not be threatened. However, in most cases, spouses divorce with scandals and mutual claims.

This means that the Agreement, drawn up, at first glance, voluntarily, does not always resolve the issue that has arisen. And the only way out of this situation is to take this problem to court.

Agreement on the place of residence of a minor (sample)

Fortunately, parents who think less about themselves and more about their children are no exception.

Next, we will tell you how to correctly draw up a voluntary parental agreement on the child’s place of residence.

The law does not impose any mandatory requirements for the document. The father and mother can seek the services of a lawyer or draw up an agreement themselves. It should be noted that the provisions of the document must comply with the norms of family law. If the Agreement violates the rights of the father, mother or minor, the court will declare it illegal - refuse approval and make a different decision.

The Agreement must reflect the following information:

place and date of registration;
information about the participants (full name of father and mother, date of birth, passport details, address, registration);
information about the child (full name, date of birth);
when and by what registry office the marriage was registered and dissolved;
terms of the agreement: with whom the son or daughter will live after the divorce of father and mother. The procedure for exercising parental rights and responsibilities. Conditions for raising a child by a parent who lives separately. The procedure for meetings with the parent (with other relatives) - how long and how often the meetings will take place.
duration of the Agreement;
terms of termination and amendments;
signatures of the parties.

Unlike the alimony agreement, the agreement on establishing the place of residence does not have to be certified by a notary (although this is not prohibited by law). Parents need to correctly draw up a document and submit it to the court hearing. The judge approves it and only then the Agreement acquires legal significance.

Sample Agreement on Determining the Place of Residence of a Child

Legal practice

You can also agree orally on who the child will stay with after the divorce. However, in this case, the mother will not be protected from the possible arbitrariness of the father, who can take the child with him at any time.

If this happens, the mother needs to go to court and demand to establish the minor’s place of residence (in the absence of an Agreement).

What to do if the ex-spouse does not comply with the terms of the previously concluded Settlement Agreement? The other parent should file a claim and demand that the minor be transferred to him. The agreement is a bilateral contract; it can be changed or terminated at any time - but only with mutual consent of the parents.

As practice shows, the terms of the contract are sometimes violated by the mother with whom the minor remains. In this case, the father must file a lawsuit and, through the court, oblige the child’s mother to fulfill the terms of the agreement.

By determining the place of residence of a minor, the court, in essence, gives the right to the “first” parent to determine the life of the child and establishes the right of full custody. The second parent is not deprived of rights in relation to the child, but these rights are seriously regulated and “streamlined”. And perhaps they are limited.

Another important nuance: the parent with whom the minor remains to live can always demand the return of the child. Primarily from abroad, and also from a country in which the Convention on the Civil Aspects of International Child Abduction is in force.

We talked more about how to “separate” children after divorce in this article.

Settlement agreement on the child’s place of residence, sample

Each married couple, having decided to divorce, is faced with the need to agree on which parent the minor children will live with. Often such disputes end up in court. But there are cases when spouses resolve the issue peacefully, drawing up a document that, by mutual agreement, determines the place where their common son or daughter will live.

When drawing it up, you can also prescribe the conditions and procedure for upbringing, communication and meetings with the second parent. This document is an agreement to determine the child’s place of residence. Since its conclusion is based on the voluntary expression of the will of the spouses, the agreement is often called an amicable agreement.

There is no statutory template for filling it out, but there are recommendations for formatting it.

Document requirements

The legislation of the Russian Federation does not establish specific provisions on the content and procedure for drawing up a settlement agreement. The only and main condition is that it should not contradict the Family Code and other norms or violate the rights and legitimate interests of minor children and their parents. Otherwise, such an agreement will be considered void (invalid).

Contents of the settlement agreement on determining the child’s place of residence:

the address where the agreement was drawn up and signed;
date of signing the document;
information about parents indicating their place of residence;
information about registration and divorce;
information about the children the couple has;
deciding with whom the minor remains after the divorce;
the procedure for raising a child and his communication with a parent who will live separately;
conditions for meetings of a minor with other relatives;
duration of the agreement;
procedure for making changes;
possibility of termination;
liability for failure to comply with the conditions specified in the document;
signatures of father and mother.

If a child is 14 years old at the time of the divorce of his parents, he has the right to determine his own place of residence. But younger children do not have such a prerogative. The only exception is that parents should listen to the opinions of those children who are already 10 years old, but not yet 14.

Notarization

It is not necessary to notarize the settlement agreement. But in order to protect the rights of parents in relation to their children in the future, it is still recommended to do this. To do this, the father and mother should contact a notary office.

If necessary, the notary will be able to competently draw up an agreement, spelling out all the clauses in detail and explaining their legal consequences.

In this case, the document is drawn up on a special form in triplicate, since one of them will remain in the notary’s archive, and the rest will remain in the hands of each of the parents.

After the parties agree on all controversial issues and reach mutual agreements, they sign the document. Then it is certified by a notary, and an entry is made in a special register. Payment of the state fee when performing this procedure is mandatory.

Changing the terms of the agreement

The legislation of the Russian Federation does not allow changes to be made unilaterally. This is possible only with the mutual consent of both spouses. At the same time, the new conditions should not violate anyone’s rights. The agreement itself does not change - an additional appendix is added to it, which indicates the points to be adjusted and their text in the new edition.

If the agreement was notarized, then the additional application must correspond to the main template and must also be certified.

If one of the parties does not agree to change the conditions, the second has the right to carry out this procedure by going to court.

Termination

The agreement can be terminated only upon the occurrence of the grounds specified in the text of the agreement itself. For example, this may be failure of one of the parents to fulfill the terms of the agreement, violation of the rights of a minor son (daughter) by their actions, etc. In such cases, the consent of the second spouse is not required - termination occurs unilaterally.

Invalidation of the agreement

There are situations when an agreement is drawn up in conflict with the norms of current legislation, or the conditions specified in it violate the rights of one of the parties.

Grounds for invalidating an agreement:

the age limit has been violated;
if it is established that the document was signed under pressure using threats and coercion;
when signing, one of the parties did not understand the full essence of what was happening;
the terms of the contract violate or infringe on the rights of the minor.

If the agreement is officially declared invalid, the consequences of its drafting are considered the same, and the question of where the child will live is decided in court if the parents cannot agree at least verbally.

Legal consequences

Drawing up an agreement has a double meaning.

Even if one of the parents changes his mind and decides to change the situation by going to court, in most cases he will be given a refusal.

This is explained by the fact that the presence of a settlement agreement signed by the plaintiff is the basis for the return of the claim. The exception is those situations when the fact of any violations is established.

Settlement Agreement on the Place of Residence of a Child Sample

On the days and times established by paragraphs. 2.3.1. and 2.3.2. of this agreement to dress and prepare the Child to meet the Mother; 3.1.2. In the cases established by paragraphs. 2.3. and 2.3.4. prepare the Child’s luggage for departure;

Notify the Child in advance of the day and time of the meeting with the Mother and her relatives, as well as inform about the reasons for the impossibility of such meetings;

This settlement agreement has been concluded in relation to a common minor Child - __________, _______year of birth, hereinafter referred to as the “Child”. Under this agreement, the Parents agreed to determine the place of residence of the Child, and the procedure for the exercise of parental rights by the Minor Mother, since she will live separately from the Child.

The parents determine the place of residence of the Father as the place of residence of the Child.

Settlement agreement on the child’s place of residence, sample

Settlement agreement on determining the child’s place of residence (sample)

The first option: draw up a written document outlining a voluntary agreement between the father and mother regarding the future place of residence of the children.

In addition, the document may contain other conditions relating to parents and children (upbringing, meetings for communication and joint leisure, participation in decision-making concerning the child - education, health, recreation).

Second option: - in the event of an insoluble dispute about the future place of residence of a son or daughter - entrust its resolution to the court.

Place of detention (city, country);
Date of conclusion;
Information about parents (full name, date of birth, passport details, registration and residence address);
Data on registration and divorce;
Information about children (full name, date of birth);

Settlement agreement to determine the child’s place of residence

In principle, the presence or absence of a settlement agreement on determining the place of residence of the child in the hands of the parties does not affect anything. The parties will still receive a court ruling after confirming the terms of the agreement.

From the moment the ruling comes into force, it is equivalent to a court decision and can be enforced if one of the parties ignores the agreements confirmed by the court.

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Settlement agreement on determining the place of residence of the child and the procedure for the exercise of parental rights by the father living separately from the child

Jointly organize and hold, in the presence of both Parents, the celebration of the Child’s birthday, whenever possible, in a children’s club, cafe, restaurant. If it is impossible to provide for the Child, spend half of the day with the Mother, and the second half of the birthday with the Father.

In the event of a significant change in the property status of the Parents, a move to another city, the acquisition by one of the Parents of a comfortable apartment in ownership or under a rental agreement for an apartment in municipal ownership or the provision of such a comfortable apartment by an enterprise, as well as in the event of other circumstances that may lead to a significant change in position of the Parent, Parents undertake to review the terms of this agreement at least 1 (one) month before the occurrence of such circumstances.

Agreement on the maintenance and upbringing of minor children during divorce

Provisions on education can be prescribed in detail. The agreement can determine the rights of each of the parents or only the one who does not live with the children.

The text of the document may separately indicate options for resolving issues about studying, visiting various clubs and sections, traveling outside the country, vacations, visiting other relatives, the new family of the second parent, and spending time for children outside the home. The document must be signed by each party.

Agreement on determining the child’s place of residence - features of the conclusion and sample

According to the family law of the Russian Federation, a minor child can only live with his parents. If parents live separately, it is necessary to determine the order of residence of the little citizen. To avoid future conflicts, it is advisable to record such an agreement in writing.

Parental right is the right to communicate with the child and participate in his upbringing. It is also available to other relatives of the child - grandparents, brothers, sisters and others, unless this contradicts the interests of the child (Article 67 of the RF IC).

If these rights are limited by one of the parents, the interested person may file a claim in court to protect his rights - to remove obstacles in communicating with the child or determining the child’s place of residence, as well as restrictions on the defendant’s parental rights.

Agreement on determining the child’s place of residence

The parties to this agreement undertake to promptly notify each other of changes in their place of residence and any other circumstances that are significant in the exercise of parental rights.

Citizen ____________, _________ year of birth, passport series _____ N _____, issued “___”__________ ____ city.

___________________________, residing at the address: ________________, hereinafter referred to as “Father”, on the one hand, and citizen ________________, _________ year of birth, passport series _____ N _____, issued “___”___________ ____ city.

__________________________, residing at: __________________________, hereinafter referred to as “Mother”, on the other hand, collectively referred to as “Parents”, in accordance with Art. 65 of the Family Code of the Russian Federation have signed this agreement as follows:

The daughter spends spring, autumn and summer holidays with her Mother. The Father undertakes to hand over his daughter to the Mother on the day off before the start of the holidays and not to interfere with her rights to communicate with her daughter.

In other words, if one of the parties to the agreement partially fulfilled a transaction that required notarization, and the other party avoids such certification, then in this case the court may recognize the transaction as valid.

Settlement agreement to determine place of residence

Thirdly, after the decision on divorce, spouses have the right to enter into agreements on the exercise of their parental rights. They can reach any agreements that do not contradict the law and children's interests.

The parties to this Agreement undertake to properly fulfill their obligations, as well as to promptly notify each other about a change in their place of residence and any other circumstances that are essential for the timely fulfillment of their obligations under this Agreement. 3. Duration of the Agreement and other additional conditions 3.1.

Sample of a notarial and settlement agreement between parents on determining the child’s place of residence

The law does not require spouses to have a signed document certified by a notary. However, the initiative to contact a notary may come from one or both parents. In this case, the document is drawn up independently, and it is signed in a notary’s office (in the presence of both parties).

parents, knowing their children better than anyone, will be able to determine the best place for them to live - with their mother or father;
spouses will save time and get a divorce much faster if they submit an agreement signed by both together with the application.

Agreement on the child’s place of residence

The parent with whom the child will live in accordance with this agreement undertakes not to interfere with the exercise by the parent living separately from the child of the rights and obligations in relation to the child provided for by family law.

For the period of validity of this agreement, the place of residence of our child, _______________________________________, is the place of residence of the mother, _______________________________________ - full name. (option - father, _______________________________ full name).

Under this Agreement, the Parents determined the place of residence of the common minor child and the procedure for the exercise of parental rights by the father of the minor, Maxim Ilyich Ivanov, born on September 11, 2004, since he will live separately from his father.

Lawyer Anisimov Representation and defense in court

... the residence of the parents, the place of residence of the assigned persons is established by agreement of the parents, in the absence of an agreement, a dispute between ... a certificate of registration of a child at the place of residence or a certificate of registration of a child at the place of stay at ...

Citizen ____________, _________ year of birth, passport series _____ N _____, issued “___”__________ ____ city.

Agreement on the child’s place of residence

Citizen ____________, _________ year of birth, passport series _____ N _____, issued “___”__________ ____ city.

The parties to this agreement undertake to promptly notify each other of changes in their place of residence and any other circumstances that are significant in the exercise of parental rights.