Rights of father and mother to a child after divorce; rights of parents to children in divorce; rights of the child in divorce of parents

Most marriages in the Russian Federation ended in divorce and judicial proceedings.

This is particularly evident in recent times when traditional values have been marginalized and people have become more free to choose their actions; on average, Russian marriage lasts about five years.

And nothing would have happened, but in the meantime, the couple are having at least one baby, and if they have a child in the family, the divorce process is a few times more complicated.

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If a couple have children in the same household, the child shall be questioned about his/her place of residence, except in cases where one of the spouses is unable to provide a quality upbringing and material security to his/her child, in which case the decision shall be in favour of the other spouse.

Of course, each parent is beginning to pick a child and try to convince them to take their side, and this has a very negative impact on his or her mental state and mental health.

Therefore, in order to facilitate as much as possible the dissolution of a family union, it is necessary to look into the issue of the right of minor children in the divorce of their parents.

Rights of the child in divorce

To begin with, consider the fundamental rights of a minor in a situation of divorce of his or her parents; his or her rights include:

Communication

It is a secret obligation of the parents that they should not feel dissension; and if they are interested in the matter, rather than in the matter of property or other disputes, they should be in the first place.

This right also includes communication with other relatives, both mother and father.

If one of the parents prohibits or makes it difficult for him or her to communicate with other relatives, his or her spouse may apply to the courts to influence the situation.

Place of residence..........................................................................

A child has the right to live with one of his or her parents until he or she is of age; not often, a couple can reach a mutual agreement or compromise when it comes to common children; in such a case, the judicial authorities exercise this function.

Several factors are taken into account in deciding where and with which parent the child will live, ranging from the child ' s own desire to the material condition of each spouse.

Support and care

Every child has the right to receive maintenance and care from his or her parents, regardless of his or her relationship with each of his or her parents and with whom he or she lives, he or she must receive adequate financial support, due attention and care.

In addition, spouses are obliged to raise and participate actively in his life.

Personal property

In divorce proceedings, if the spouses do not agree on the place of residence of the children, the property acquired jointly shall be shared; but the property acquired for the child shall not be divided, but they shall remain in the possession of the child, regardless of who acquired it.

How children ' s residence is defined

It is often the case that the child remains in the custody of his father, so how can this situation be resolved?

Mutual agreementThe simplest solution is to agree with the former spouse on who the child will be with, with adequate arguments to enable him or her to participate in his or her child ' s life.

To come to a compromise, understand for yourself and explain to your spouse that psychological health and the state of the child are more important than your differences.

In addition, such an agreement is not necessarily certified by a notary and is recognized as official; it is sufficient to state, when applying for divorce, that an agreement has been reached between you on the issue of the child ' s place of residence; a written statement must be attached to the claim; the judicial authorities will take this into account and they will decide immediately.

Trial.The claim shall be filed and, if the parents do not compromise, the court shall determine the place of residence of the common child.

In addition, the time and schedule of communication with the other parent are determined without prejudice to the rights of the children in the event of divorce.

Maintenances after divorce

It's worth mentioning the fact that if a marriage has not been formally concluded, it has no effect on a common child, and in the case of financial support, it will still have to be paid even if you have never been married.

Maintenances are appointed in several ways, namely:

1. A formal contract, which is concluded between the spouses by contract and is officially certified by a notary.
2. The spouses agree on material assistance and communication time.
3. Court action: The parent in charge of the child may request the other parent to pay maintenance, through the courts, and special authorities are responsible for the collection of fees.

The form of payment may be made in two ways:

• Payment as a percentage (applies in the case of non-permanent earnings of the spouse or seasonal work);
• maintenance in a fixed amount.

Method of communication with parents

No one may violate a child ' s rights in the divorce of his or her parents, even his or her guardian.

If the spouses cannot agree on their own visits and the time to communicate with the child, the court itself will set a timetable; the exceptions are parents who are deemed dangerous to the child, harmful to the child ' s upbringing or deprived of parental rights.

If the child is disabled

If he or she lives with one of the parents, the payment of maintenance is standard, with some additions.

For example, for children with disabilities, additional payments are made for care, medicines and treatment; in order to calculate the exact amount of the payments, it is necessary to attach cheques and special bills for expenses to the claim.

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Father's/Mother's Rights to a Child After Divorce — All about Finance

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Are the rights of the mother and father equal after the divorce?

There is no reason to say that a father has far less legal rights to a child than his mother, and that there is nothing in the legislation in force, which is adopted and is active in family law; on the contrary, there are rules that establish the following: both parents have equal rights and responsibilities with respect to the child.

Consequently, if a father or a mother wishes even after a divorce and if he is now separated from the baby and continues to perform his lawful functions, he is fully entitled to do so.

The first conclusion, therefore, is that, after divorce, the spouses have equal rights to the child.

What rights parents have to the child

But if it is determined by law that both the mother and the father have equal rights and responsibilities, the question is: What is the expression of such rights?

Rights of each parent:

• Right to receive prompt and timely information on the child.This right is exercised by ensuring that the mother and father, regardless of the status of their relationship, are able to obtain full information about the child from kindergarten, school, other educational institutions, doctors and other entities, organizations, but there is also an exception to the rule: if providing such information to some extent may endanger the child ' s life and health, the informant from whom the information is requested may refuse to provide it;
• The right to free communication.Any parent, even after divorce, has the right to see the child; another case is that a person who does not live in the same territory with him or her and who is in conflict with the other half has to defend his or her interests in practice;
• Monitor the movement of a child outside the State.In order for the child to leave the country, it is necessary for the mother or father to have permission from the second half that he or she is not opposed to the removal of a minor from the territory of the State; therefore, the parent has the right to control the movement of his or her child; however, it is established by law that if he or she travels abroad in connection with a tourist journey, he or she does not need to grant permission from the father or mother.

Thus, the mother and child can fully control their child ' s condition by requesting information from any institution, as well as by being able to communicate freely with the child.

What is the limitation of the mother and father after divorce?

However, the rights presented do not indicate that they can be obtained at all times and at all times; the law provides for cases that prohibit the exercise of these parental functions in whole or in part; and we shall continue to talk about when.

The rights of the father or mother to the child may be revoked in the following cases:

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1. If one of the parents does not perform his parental duties, for example, the child ' s financial support is the responsibility of each of the parents; and if the father is a hard-earner, he can easily be deprived of his parental rights by a court order.
2. Parental alcohol abuse, drug addiction;
3. Refusal to remove a minor from social institutions, medical institutions, etc. without good reason;
4. Physical or moral harm to the life and health of the child;
5. The commission of a crime against the child;
6. Other reasons.

Regardless of what could lead to the deprivation of parental rights, such a process could only be carried out in a court of law.

Therefore, regardless of what was done by the father or mother, the relationship between the former spouses, the question of the separation of the children and the manner of communication with them is established by the court.

Neither the guardianship authorities nor other social services have the powers to do so.

But it should be borne in mind that, in addition to the total deprivation of parental rights, there is a rule such as limiting parental rights; these two concepts should not be confused.

The restriction occurs when the parent wishes to communicate with the child to some extent, but in the light of certain circumstances his association has a bad moral effect on the minor.

One example is the mental illness of one parent, which is not a normal way of life, in which case the parent has some right to communicate, but in a limited format, and is limited in the information about the child.

Exercise of parental rights

Of course, it's a good thing that parental rights are defined by law even after divorce, but it's a very different question as to how they are implemented in practice.

A clear example of disputes between spouses after divorce may be the question of who the child should live with. You should not say that the child is better off with the mother. The cases may be different, so that any dispute, including the child ' s area of residence, can be resolved in two ways:

1. Signature of the agreement;
2. Bring a lawsuit to court and a trial.

Of course, the first option is the easiest, but it can be achieved if the couple are not separated by enemies.

Such an agreement is documented, it specifies both the child's area of residence and the schedule of visits to his/her second half, the material aspect — the amount of maintenance, etc. The law does not stipulate that such an agreement has been notarized.

But the best way to avoid problems is to do it with the help of a notary, and it's also an expert who can help you to get the paper right, keeping all its features in mind.

For example, the child ' s place of residence may be determined by the courts but no visiting schedule has been established, in which case the spouses themselves express their wish to agree on a schedule orally or in writing.

But the opposite may be true: even in this matter, the parties will not agree, and the court will approve the schedule for the second half of the relationship with the child on their own.

Thus, the rights of the father and the child after divorce are equal, but the extent to which they are exercised depends to a large extent on the extent of the relationship between the former spouses.

Read also:Determination of the child ' s place of residence: divorce, divorce, statement of claim, jurisdiction

2018, All about finances, all rights protected, copying of material only with author ' s permission.

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Father ' s rights to a child after divorce: which are under the Family Code

Recent developments: June 2023

The couple often make a change in the relationship between a parent and a child, and then, by prohibiting or restricting the communication between a man and his guardian, the mother is in direct violation of her father's rights to the child after divorce.

The abandonment of a father often results in stress situations in a child.

When a matter of marital status is decided upon, special control shall be exercised over the continued participation of the second parent in the life of the child, for divorce shall in no way affect the well-being and tranquillity of the child.

What does the law say?

In accordance with article 66 (P.1), a separate parent retains all parental authority as defined by law:

• Education;
• Information on the minor ' s performance and state of health and on the progress made in out-of-school activities;
• The possibility of prohibiting or permitting foreign travel;
• Representation of interests in formal structures and other organizations;
• The organization of vacations with the baby.

Thus, after the dissolution of the marriage, the father continues to be a parent, retaining all the rights established by law.

Communicating with a person of concern

If the State does not impose any prohibition or restrictions related to the negative effects of an adult, the father and mother shall jointly determine the rules for future behaviour towards the child.

A parent's basic right to communicate with a guardian is often violated by the ex-wife, despite clear legal guidelines. A lack of contact has a negative impact on a minor citizen and his father. By living with his parents a breakup, the child is particularly vulnerable, which affects his health, behaviour, general attitude and attitude.

In the interests of the child, parents must agree on the format of the relationship after the breakup, and the best thing to do is to record the agreement reached on paper. The communication agreement is a legal act that regulates adult interaction with the child, regardless of the relationship of the former spouses.

The agreement shall, in accordance with the general rules of law, define the following paragraphs:

• Days of the week, number, date, hours of recreation (distinguishing the holidays separately);
• Place for meetings with the ward (on the street, in public, at the address of the parent or child);
• Whether communication is permitted in private or in the presence of specific persons.

After divorce, it is difficult for the spouses to take a common view: in such situations, adults are brought before the courts; when a complaint is heard, the judge determines the manner of communication in accordance with the requirements of the claim and the position of the defendant.

In total, the standard agreement contains the possibility of communication on weekends, on a weekly basis, and on an annual day-to-day basis.

Court-to-court arrangements

When it is established that the mother ignores the father's requests and requests for access to the child, the exercise of rights is transferred to the court.

The basis for the proceedings was a statement of claim, and no one could prohibit communication with the child if the judge so decided, and if he refused to do so, the father could apply for enforcement of the order.

The Court ' s opinion is final, as it objectively determines the validity of the duration and frequency of meetings.

For example, for children of 1 year of age, the court is unlikely to issue a decision requiring the mother to release the ward at sea with the father.

The Court considers the benefit, risk and need to be reasonable, and the SPF staff ' s task, in the event of non-compliance, is to promote the exercise of the father ' s parental rights.

The application shall be prepared on its own, or with the assistance of a lawyer, and the following particulars shall be indicated:

1. The exact name of the court to which the claim is filed is chosen by the court of the defendant ' s place of residence, i.e. the child ' s mother.
2. Personal details of the defendant and plaintiff.
3. The plaintiff ' s stated claims: duration, communication arrangements, meeting places.

• There is a personal signature at the bottom of the document and the date of delivery.
• The following parameters influence the decision of the court:

• The regime of the day of the child ' s education;
• State of health and special needs for medical reasons;
• Age and degree of autonomy;
• The child's affection and personal preference for the father and mother.

1. Upon reaching the age of 10, the judge must ask the child himself if he or she wishes to see the second parent, his or her position as to the length and timing of the visits.

For infants under 3 years of age, the court is unlikely to allow more frequent meetings to take place 2 times a week, choosing the child's place of residence. As the opportunities for meeting grow, the list of places where recreational activities can be shared is expanded. From 14 years of age, the child has the right to decide at his or her discretion how much time he or she spends with his or her father, where and when.

Meetings sometimes become shorter and, in certain situations, refuse to communicate with the parent at all if it is established that:

• Meetings are psychologically repressed by the minor;
• There is physical abuse of the child and aggression by an adult;
• Immoral behaviour, facilitating the development of bad habits;
• Other facts of negative influence.

The mother may initiate a restraining order against the father or present an argument in court, in the event of an application for compulsory meetings with the ward, the custody authorities are involved in the proceedings, the witnesses ' testimony is heard and the parties ' evidentiary basis is considered, and the opinion of the guardian ' s representative is also to be taken into account in making the order.

Authorization for the child ' s travel abroad

A parent's decision is an integral part of determining important events in a child's life, including travel outside the Russian Federation, temporary or permanent.

In order to leave, the parent accompanying the child presents a special document confirming the consent of the second adult to the act.

If the father ' s rights were not restricted, he also had the right to decide whether to allow travel.

If the father disagrees, it will not be possible to remove the child.

Changes in personal data

The termination of a marriage often results in the change of the mother ' s last name; in order to avoid problems of confirmation of the relationship with the child, a change of name is required for the minor.

If the mother decides for herself, the change of data for the child requires the consent of the father; this is ensured through the joint application of the parents.

In the event of disagreement, the father may refuse to sign the application, forcing the mother to keep the child ' s name unchanged.

Learn about learning and health

The continuation of the parentage after divorce allows the father to participate in the child ' s life, to be interested in his life, in his health, and to protect the interests of the ward.

By contacting the administration of pre-school or school, the Pope is entitled to receive comprehensive information on how the child behaves and learns.

Similar requests for health care facilities must also be met – clinic and hospital workers are not allowed to hide the child's condition, diagnosis, needs for treatment, and prospects for recovery.

If necessary, the administration of the educational institution may involve the father in solving problems related to the student ' s performance and behaviour.

Information on request is provided in writing, or orally, when meeting with the father; divorce has nothing to do with the legal grounds for refusing to provide data; and the facts that have been identified threaten judicial proceedings.

The father is the same parent as the child ' s mother; the exercise of rights cannot be influenced by the family status "in divorce", which is established by family law and, in the face of a mother ' s prohibition, the popes successfully assert their rights in court.

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Rights and obligations of parents with respect to children after divorce

In the Russian Federation, parents have equal rights with respect to offspring.

Parental rights include the possibility of direct communication, upbringing and education, as well as the protection and representation of the interests of the child (they act as legal representatives).

Mothers and fathers are also entitled to receive maintenance from their son or daughter in the future when they themselves become incapable of work.

Parents ' rights in divorce are inseparable from their obligations to ensure that children receive adequate maintenance, upbringing and education.Fathers and mothers may not harm their offspring, exploit them, or insult, humiliate, beat, etc.

And when you have reached the age of old, you cannot ask for any payment for your child's maintenance.

Legislative framework

The basic rules on parental rights are enshrined in the relevant United Nations Convention, which has been in force in Russia since 1990.

They are regulated by the Civil Status Act.

The Family Code regulates in detail all matters relating to children, including the rights of the child in the event of divorce and other provisions.

The determination of paternity, deprivation of parental rights and the resolution of other disputes are also governed by the rules of civil procedure.

How Father ' s and Mother ' s Rights Changed After Divorce

When families break up, their children are the most serious object of separation for the former spouses; the extent of the parental rights of the former spouses after the dissolution of the marriage depends on which of the parents the son or daughter will live with.

It is common practice for a son or daughter to remain with her mother after divorce, but this does not mean that the mother ' s rights in divorce exceed that of her father.

The responsibility of the father after divorce is most often only to pay maintenance, while the mother provides for all the needs of the offspring 24 hours a day without the weekend.

The father ' s rights to the child after divorce are formally equal to the mother ' s.

Father and mother ' s rights in divorce are often defended in court, with the assistance of a lawyer.

But moms tend to care for their offspring better and are more attached to them, and it's good when ex-wives peacefully decide who to stay with their son or daughter.

It is not uncommon, however, that this issue cannot be resolved by mutual agreement.

In such a case, the dispute is settled in court, with most decisions in favour of the mother, even though the rights of the parents to the child after divorce are theoretically the same.

Father ' s rights

A small proportion of fathers may demand that the son or daughter live with them at all times; and if the mother disagrees, the dispute shall be settled in court on the basis of an action to determine the place of residence of the son or daughter.

Other paternity rights are listed below:

1. And if they are with their mothers, then if they are with them, then they are with them, and if they are with them, they are with them, and if they are with them, they are with them, and if they are with them, they are with them; and if they are with them, then they are with them; and if they are with them, then they are with them; and if they are with them, then they are with them; and if they are with them, they are with them; and if they are with them, they are with them; and if they are with them, they are with them, they are with them; and if they are with them, they are with them; and if they are with them, they are with them, they are with them; and if they are with them, they are with them; and if they are with them, they are with them, they are with them; and if they are with them, they are with them; and if they are with them, they are with them, they are with them; and if they are with them, they are with them; and if they are with them, they are with them; and they are with them, they are with them; and they are with them; and they are with them.
2. Under the law, it is illegal for a child to be prevented from communicating with his or her father and his or her close relatives; in order to completely prohibit the former spouse from communicating with his or her son or daughter, a decision must be taken to deprive him or her of his or her parental rights; in other cases, the father and his or her relatives may, through the court, order the former spouse to have visits with the children on certain days and hours.
3. The father also has the right to vote in matters relating to the choice of kindergarten, school, clubs and higher education for a son or daughter; he may also contribute to the upbringing of children; however, if there is disagreement with the mother in matters of teaching, he may not apply to the courts.
4. The ex-husband has the right to decide whether to take the children abroad or not, without his notarized consent, the mother will not be able to take her son or daughter to another State.
5. If the father is suddenly unable to work (disability or retirement age), he or she is entitled to receive maintenance (alatives) from the son or daughter who has grown up.

Mother ' s rights after divorce

In addition to the rights mentioned above, mention should be made of the following:

• A mother who lives with her son or daughter is entitled to maintenance from her ex-husband until she reaches the age of majority.
• If the former spouse fails systematically to perform his or her father's duties, harms the children's interests or endangers their lives, the mother may deprive him or her of his or her parental rights through a court of law, for example, where he or she has been abusively avoiding the payment of alimony, abusing his or her father's rights, being drug-dependent or alcohol-addicted, allowing ill-treatment of his or her son or daughter and may kill them.

Property rights of children in divorce

After the dissolution of a marriage, children must be registered permanently at the address of one of the former spouses before the age of 18; such registration entails the creation of the joint property of the son or daughter and the parent for the dwelling (the apartment).

Take a closer look at how to divide the apartment in a divorce, what if there are children.

Upon divorce, children are entitled to receive the same maintenance from both the father and the mother, and the maintenance paid must be spent on their expenses.

A parent who pays alimony may require that 50 per cent of each sum be accumulated in the child ' s or daughter ' s personal account; the father and mother are not entitled to the child ' s property.

Who and how can limit parental authority

The rights of minor children may be protected by third parties, including from the actions of their father and mother.

Former spouses, individually or jointly, may limit parental authority for a period of six months by a court decision in the event of the discovery of abuse of narcotic drugs, alcoholic beverages, mental disorder and other situations dangerous to children.

An action for restriction of parental rights may be brought by relatives, guardianship and guardianship authorities, educational organizations, procurators and other institutions (social protection, health care).

During the period of restriction of parental rights, the boy and/or the girl shall be referred to other persons (parents, etc.) or to the guardianship and guardianship authority; if the situation has not been corrected after six months, the person concerned shall be entitled to file a claim for deprivation of parental rights in accordance with the rules of civil procedure.

How ex-wives can agree on children

Divorcers must agree on all the nuances relating to the rights to communicate with the offspring, their upbringing and education, as well as its content.

Such a decision could be taken by drawing up an agreement in simple writing; if no agreement was reached on all points, the parties were entitled to apply to the court for a decision.

In the course of the trial, it is possible to wait for the judgement of the court or to reach a settlement in the course of the trial.

• I recommend reading:
• How to divorce your wife if you have minor children.
• With whom the child remains in divorce and how to influence it.

In order to avoid psychological trauma to the younger generation, it is desirable for fathers and mothers to resolve all contentious issues peacefully.

Who has more rights to a child, a mother, or a father in a pf?

When a marriage is dissolved, the court often leaves the children with the mother, but does that mean that the father has less rights? Or are they, like the responsibility of the former spouses, equal?

Did parents have equal rights to a child?

There is no law to say that a minor child should be left to his or her mother after the divorce, but that the equality of each party with respect to the child, whether married or divorced, is guaranteed.

In accordance with article 61, paragraph 1, of the Code of Criminal Procedure, both parties have equal rights with respect to their children, and it is stated that the existence of a registered marriage between them is irrelevant; in the event of his absence during the birth of a child, the father may voluntarily acknowledge paternity or this may be determined in court on the basis of evidence and documents provided by the mother.

Article 18 of the Convention on the Rights of the Child also refers to the obligation of all States parties not to restrict parents ' rights to the child even after the divorce has been granted, and exceptions are certain factors in which the court has the right to limit the father or mother ' s communication with the child.

• Consequently, even after the dissolution of the marriage, neither party can restrict the other in their dealings with the child, their participation in the upbringing and development of the child.
• The Family Code of the Russian Federation defines and regulates the rights of the father and the mother after the dissolution of the marriage.
• Each party shall have the right:

• To get information about the baby.

Each party has the right to receive information concerning the child; for example, his/her state of health, progress in school, daily activities; failure to provide data is possible only if the child ' s life and health are threatened.

• Right to free communication.

The father or mother has the right to visit the child at convenient times and to spend an unlimited amount of time with him or her.

Even when a court has ordered the baby to stay with her mother, it does not give her any right to limit her communication with her father.

The other party may take an active part in the upbringing, treatment and education of the child on an equal basis with the other party; these rights may only be challenged or restricted by the courts.

A parent may also defend his or her right to communicate with a child in court if the former spouse obstructs communication.

• Right to refuse or consent to travel abroad.

This right of parents is not regulated by the Family Code, but, on the basis of the law on entry and exit into the country, the father and mother have the right to determine the whereabouts of the child and to control his or her movement outside the country.

The right is exercised:

• When a child with one of the parents is transferred to a permanent residence outside the State;
• When travelling abroad without an escort from one of the parents.

1. It should be borne in mind, however, that the right does not apply to cases in which a child accompanied by a second party travels for the purpose of temporary stay outside the Russian Federation (leave).
2. One parent also has the right not to consent to change a child ' s last name.
3. In what cases may parents be limited or deprived of their rights to a child by establishing a court?
4. Under the Family Code of the Russian Federation, a party may only file a complaint for restriction or deprivation of parental rights in the event of:

• Refusals by the second party of payment of the fixed amount of maintenance;
• Avoidance of parental responsibilities;
• Unjustified refusal to take a child from a maternity or children ' s home, medical or educational institutions;
• Abuse of rights;
• Ill-treatment, including psychological, physical or sexual violence;
• Abuse of narcotic, alcohol or psychotropic substances;
• The commission of other unlawful acts against a minor.

However, the deprivation of one party ' s rights is possible only if the cause and evidence of the other party is given.

Many parents believe that they are also not obliged to support their child after being deprived of their rights, but, according to the Family Code of the Russian Federation, even after a court decision to terminate one of the parents ' rights, they retain the obligation to provide for the child.

Parents ' rights are also terminated in the following cases:

• The child ' s achievement of 18 years of age or legal capacity through marriage;
• Emancipation: is established by the courts on the basis that the child is self-sufficient, employed, educated and able to take care of himself;
• Deaths of a child or parents.

The Family Code also provides for the restriction of rights, which may occur in cases where one party ' s communication has a negative impact on the child ' s mental and physical state.

The court often restricts the rights of parents who are mentally ill or who lead immoral lives; for example, restrictions are to communicate with a child only in the presence of another parent; however, the obligation to maintain a child for such a parent remains the same.

All the rights and obligations of both parents are enshrined in the legislation of the Russian Federation, but the way in which they are exercised is another issue.

The parties often have disputes about the child ' s place of residence.

There are several ways to resolve the issue:

• To draw up a contract in which the parents ' decision as to where the child will reside is recorded; this document must be made available to the court for approval, and the breach of the contract is subject to administrative liability;
• If the parents have failed to agree, the court shall decide the child ' s place of residence, in which case the court shall take into account all the circumstances of the case and, on reaching the age of 10, the child ' s opinion; on the basis of the information received, a verdict shall be reached.

Many parents have another rather important question after divorce and determination of the child's place of residence: how does a parent living separately communicate with a child?

There are also several methods for resolving the issue:

• By agreement between the parents.

It is important for the child to communicate with both parents regardless of their place of residence; the mother and father can negotiate without any agreement or agreement; it is common practice for a father living apart from the child to take him away for the weekend, but the mother controls the communication; in this case, the rights of the child and the parents are not violated.

• By written agreement.

It is best for one of the parties to make a written agreement which will regulate the time and form of communication, but if the parents are satisfied that it does not violate the rights of the child, it may be agreed with the guardianship and guardianship authorities.

In some cases, the relationship between the former spouses has been so destroyed that they cannot reach an agreement.

In this case, it is possible to approach a court to reach a compromise, which will determine the time and form of communication between a party who does not live with the child.

Parents have equal rights to a child regardless of whether they are married or not, but in some cases one of the parties has to bring an action in court to limit the rights of the former spouse.

When making a decision, the judge shall carefully examine all the circumstances of the case and, if necessary, hear the opinion of the guardianship and guardianship authorities and then issue a decision; this may be a restriction or deprivation of rights, but in any event, the child ' s obligation to maintain the child shall be lost only if the child reaches the age of 18 and is emancipation.

Father ' s and mother ' s rights to the child after divorce in 2023: rights to meetings

In most cases, divorce proceedings result in children remaining with their mother, and there are often conflicts between the parents of minor children, and ex-spouses should be made aware of the rights of the father and mother to the child after divorce to prevent them.

Divorce is not a reason to undermine children's rights

Since children often remain with the mother, many fathers ask about their rights with respect to minor children, and the rights and obligations of both parents vis-à-vis minor children remain unchanged after the dissolution of the marriage.

Because of their permanent residence with their mother, the children spend most of their time with her.

In addition, some mothers are very negative about frequent visits by a child to his or her father, trying to limit the time limit, setting up a meeting place, and so on.

Such actions violate the father ' s legitimate right to communicate with his children; if no compromise is reached, the father will have to resort to the courts to protect his interests.

The father should know that when considering his claim, the court would first take into account the interests of the minor child; parents ' rights in that regard were secondary.

The satisfaction of the claim will depend on many circumstances relating to children ' s interests.

If the life situation is such that the father ' s interests are affected by the minor ' s rights, it is not necessary to expect them to be restored in accordance with the law; the court will act in the interests of the children.

Use of parental rights after dissolution of marriage

Once a divorce has been concluded between the ex-spouses, disputes over the place of residence of the children often arise, and the conflict can be resolved as follows:

1. To reach an agreement on both sides and put it on paper, the document will have to be approved by the court.
2. If no compromise solution was found, a claim would have to be filed with the court to determine the child ' s place of residence in the light of his or her interests.

In the next phase, the mother and the father will need to determine the manner in which minor children can meet and communicate with a separate parent, and the problem can be addressed as follows:

1. Parents are free to negotiate and determine the best way to meet and communicate, taking into account children ' s interests; arrangements may be oral or written.
2. The right to meet and communicate may be established by the court and the proceedings will determine the place, duration of the meetings and other factors, depending on the situation.

Essential Parental Rights

Upon the dissolution of the marriage, a parent without a child has the right to:

• Communication with him;
• To obtain information on their children from schools, kindergartens and medical institutions;
• Allowing the travel of minor children abroad.

The exercise of these rights does not depend on the presence of a marriage union; the father and the mother may legally exercise these rights provided that they are not deprived of or restricted in parental authority.

Communication with children

How long can a father see his children after divorce?

1. Days of sharing may be determined on the basis of a week, month or year; workers, weekends and holidays are taken into account; parents may choose to rotate with the child on weekends and holidays.
2. Parents should set a time limit for communicating with their children, and should not compromise the other interests of minor children; they should not miss classes, go to bed late and so on.
3. Mothers and fathers should consider places to meet their children. Most of the time spent together is at home with one of the parents. You can also choose public places: cinemas, cafes, playgrounds, parks, etc. In some cases, places where you cannot meet your father are identified.
4. If the mother thinks that the father's meeting with the child should not be attended by the new wife of the former husband, the agreement may reflect this condition.

Information on the child ' s performance, behaviour and problems at school and health is available to each parent, irrespective of the fact of living together.

Educational, educational and health-care organizations can provide information on children on their own initiative or upon the request of one of the parents.

After the dissolution of the marriage, the father remains responsible for protecting the interests of the child before the courts, and the father may apply to various State structures to provide various types of services for the benefit of the child.

Rest abroad

If the parent plans to spend leave abroad with the children, the other parent ' s consent will be required to leave; the second parent may agree or refuse to leave; the relevant documents shall be submitted to one of the following:

• To the migration service;
• To the Consulate of Russia;
• Officers carrying out passport control at the border of the Russian Federation.

On leaving the country, permission from the 2nd parent is requested by the Border Guard only if a visit is planned to the country to which only a visa is allowed, which is authorized with the consent of the other parent.

Children ' s interests

The protection of the rights of the child in the divorce of the parents begins with the application for the dissolution of the marriage between the parents, a procedure which can only be brought before the courts and in order to ensure that the child ' s right to a full family is respected, the parents will have time to reconcile, which is between 1 and 3 months.

The rights of minor children are enshrined in chapter 11, articles 54 to 60, of the family law, the most important of which are:

1. The right to live in a family: After the dissolution of the marriage, the children have the right to communicate and meet with both parents, as well as grandparents and other relatives, even if the father has left for another city or country, the right to foster care is not lost.
2. The mother and father must protect the interests and rights of their minor children; however, if parents abuse their authority or evade their obligations, the child ' s interests shall be protected by the courts; administrative or criminal measures shall be applied to citizens who violate the rights of the child, in accordance with the laws of the country; in this case the authorities of guardianship and guardianship may initiate the proceedings.
3. If the parents decide on a matter in which the children ' s lives are affected, their opinion shall be taken into account; and if the child has reached the age of 10, his or her place of residence shall be heard after the divorce of the mother or father; except in cases where the child expresses an opinion contrary to his or her interests.
4. Replacement or preservation of family name.
5. Ownership of property and income.
6. The right to material support from the mother and father: A parent who lives separately from the children is obliged to provide them with financial assistance until he/she reaches the age of majority; the money is credited to the parent who lives with the children and may be spent for any purpose relating to the life of the minor children; maintenance payments are paid regularly in the amount established by the court or by agreement; the law determines the lowest amount of support: the first child - 25 per cent of the income; the second child - 33 per cent; and the third or more - half of the income.
7. If one of the spouses owned the dwelling before the divorce, after the dissolution of the marriage, the second spouse must leave the dwelling.

Let's sum up.

Therefore, in the exercise of parental rights, both fathers and mothers must be guided first and foremost by the interests of the children, which is a priority for both parents, even at the expense of themselves.

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