How to discharge a minor child from an apartment

Minor citizens in the Russian Federation are protected to the maximum extent possible by law. Therefore, any actions that somehow violate their rights are impossible.

Discharging a child from an apartment is a procedure that requires compliance with a lot of rules and the collection of a large number of documents.

Is it possible to remove a minor child from the owner’s apartment? Let's try to figure it out.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.  

If you want to find out how to solve your particular problem, please contact the online consultant form on the right or call +7 (499) 938-51-36. It's fast and free!

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What the law says

The guarantor of the rights of a minor to housing are the Constitution of the Russian Federation and the Family Code.

According to these documents, a citizen under 18 years of age has the right to live with his parents or legal representatives at their place of registration. In addition, he acquires rights to their real estate.

Legal representatives are required to register the child in their own or municipal housing at the same address where they themselves live. Monitoring compliance with this provision of the Civil Code of the Russian Federation (Article 20) by guardianship and trusteeship authorities.

Article 20. Place of residence of a citizen

1. Place of residence is the place where a citizen permanently or primarily resides. A citizen who informs creditors, as well as other persons, about his other place of residence bears the risk of the consequences caused by this.
2. The place of residence of minors under fourteen years of age or citizens under guardianship is recognized as the place of residence of their legal representatives - parents, adoptive parents or guardians.

If the father and mother live and are registered at different addresses , then the child is registered at one of these addresses. At the same time, the consent of all residents of the apartment where he will be registered is not necessary (Article 70 of the Housing Code of the Russian Federation).

Article 70. The right of the tenant to move other citizens into the residential premises he occupies under a social tenancy agreement as members of his family

1. The tenant, with the written consent of his family members, including temporarily absent family members, has the right to move into the residential premises he occupies under a social tenancy agreement his spouse, his children and parents, or with the written consent of his family members, including temporarily absent members of his family, and the lessor - other citizens as members of his family living with him. The landlord may prohibit the move-in of citizens as family members living with the tenant if, after their move-in, the total area of ​​the relevant residential premises per family member is less than the accounting norm. The consent of the other members of the tenant's family and the consent of the landlord are not required to move in with the parents of their minor children.
2. Moving into residential premises of citizens as members of the tenant's family entails a change in the relevant social tenancy agreement regarding the need to indicate in this agreement a new member of the tenant's family.

Does the owner have the right to remove a child from his apartment?

Can the owner remove a child from the owner’s apartment? The law of the Russian Federation reserves the right of a citizen to dispose of his own property at his own discretion .

But in order to complete a transaction for the alienation of real estate, it is necessary to deregister all residents of it. There will be no problems with the removal of adult citizens.

And if a person under 18 years of age is registered in the living space , even if he lives at a different address, he will have to comply with some conditions and take additional measures.

How to discharge a minor child from the owner’s apartment? The owner has the right to discharge a minor without the consent of the guardianship authorities.

But if the court reveals facts of infringement of his rights, he can restore him in registration. Therefore, upon discharge, it is necessary to provide and take into account the following nuances :

1. Any actions related to the registration of a minor are carried out jointly with parents (legal representatives) .
2. The right to sign when drawing up documents for children under the age of 14 belongs to their legal representatives.
3. from 14 to 18 years of age prepares documents independently, but in the presence of parents (or guardians).
4. If an adult has both a father and a mother, both must give consent to deregistration.
5. If a child is registered in the apartment of relatives, and the parents do not agree with his discharge, the issue is resolved through the court. This takes into account where he actually lives.
6. A child under 14 years of age is deregistered only together with one of the parents.
7. To deregister, you must have proof that the child will be registered at a different address. Moreover, the conditions at the new place of registration must be no worse than the previous one. For example, you cannot discharge him from a separate apartment to a communal one.
8. A separate requirement may be that new housing is located in the same area as the previous one.

The reason for this requirement is that the child, when moving, has the opportunity to attend the same educational institution as before. If this rule cannot be observed, then the permission of the specialists from the guardianship authorities conducting the conversation with the minor is required.

The procedure for deregistration from owned living space involves the following steps :

1. Submitting an application for the discharge of a minor to the passport office or the Federal Migration Service. The application must be submitted by one of the parents or jointly. If the child is 14 years old, then he is present during the procedure; if not, the parents act independently.
2. Filling out the departure form at the passport office or the Federal Migration Service (form and sample).
3. Receive documents in a week.
4. Registration of the child at a new address.

To obtain an extract, you must provide the parents’ passports, the child’s passport (after 14 years), the house register, and documents for the apartment.

In the absence of parental consent , discharge can only be carried out through the court. The most common case and reason for appeal is the termination of the rights to use the premises due to actual residence at a different address.

Frequently asked question: how can I remove a child from an apartment without his consent if I am the owner? For example, a child lives in his mother’s apartment, but is registered in his father’s own apartment , the court will most likely discharge him.

If he is registered in a privatized apartment , then this will be more difficult, because a minor citizen was registered in the apartment during privatization, and the right to be registered there remains with him.

The statement of claim requires the presentation of compelling reasons for deregistration. To prove the fact that the child’s place of residence is not at the place of registration, it is necessary to collect witness statements, certificates from the school or kindergarten that he attends.

Some guarantee of receiving a positive decision on discharge may be the presence of acceptable living conditions for the family.

For example, if a child is registered in the apartment of relatives (grandparents, etc.), and the parents with whom he lives are registered at a different address, the court will definitely discharge the child.

The same result will be upon discharge from the father’s apartment, if in fact the child lives with the mother.

However, an obstacle in this case may be the deterioration of living conditions at the new address . Simply put, if it is proven in court that the discharge will lead to a change in conditions for the worse, then the decision will be negative.

There is definitely no need to go to court if the child and his mother do not own housing or have a social tenancy agreement. The court will never discharge him anywhere.

The following documents should be attached to the statement of claim for deregistration of the apartment:

1. A certificate from the Housing Office or the Criminal Code stating that these persons do not live in the living space.
2. Certificate of property owner.
3. Permission from the guardianship authorities to deregister a minor.

If you have permission from the guardianship authorities, you can file a claim in court. The presence of a guardianship representative is also required at the court hearing .

How to obtain permission from the guardianship authorities?

To obtain permission from the guardianship and trusteeship authorities, you must write an application to the guardianship authorities at your place of residence.

Both parents must apply , except in cases where one of them has been deprived of parental rights. In addition, the presence of a child over 14 years old is mandatory.

In the application, they must name the place of new registration of the child and provide documents for it.

When submitting an application, you must provide the following documents:

1. Issue a certificate of persons registered in the living space (extract from the house register).
2. Parents' passports.
3. Passport or birth certificate of the child.
4. A registration certificate or floor plan of the premises where the child will be registered in the future.

The guardianship authorities check and evaluate the submitted documents and after 2 weeks invite all applicants for an interview.

The interview is conducted with the participation of a USZN inspector. The guardianship authorities issue permission to discharge or prohibit.

Rules for filling out applications

The outcome of the case depends on whether the application to various authorities is drawn up correctly. Each of the statements has its own characteristics .

Claim in court

The application to the court is submitted at the actual place of residence of the child .

The claim must first of all be justified, therefore the application must indicate the requirements that comply with current legislation.

First of all, indicate the subject of the claim - recognition of the citizen as having lost the right to use the premises. This is what should be the subject of the lawsuit.

• At the end of the application, ask the court to also recognize the minor as having lost the right to use the premises.
• Discharge from the premises will occur subsequently on the basis of this decision, since the court does not discharge anyone, this will then be dealt with by the relevant authorities .
• Further in the application, indicate the reasons for this decision.

An application to the Federal Migration Service is written by both parents and the child after 14 years of age. The easiest way to obtain such an extract is by registering at a new address.

In this case, citizens submit an application to the place of new registration with a request to register the minor.

Employees of the Federal Migration Service carry out registration, and deregistration from the old place of residence occurs automatically , without the participation of applicants.

To the guardianship authorities

The guardianship authorities should be contacted not with a request to discharge the child, but for permission to remove him from the registration register at the place of his previous registration.

After the request for permission , you should reasonably indicate the reasons for the discharge and be sure to indicate the new registration address . Without a substantiated description of the new registration address, it is impossible to obtain permission from the guardianship.

The guardianship authorities will not allow the child to be discharged without providing him with a place of residence.

It is necessary to attach to this application documents for the apartment and a personal statement from the owner about the desire to register a minor on his own territory.

In what cases is an extract impossible?

As noted earlier, it is impossible to discharge a minor to nowhere . The court will definitely deny you the opportunity to remove it from registration if:

1. There is no permission from the guardianship authorities.
2. The child is not provided with a new place of residence.
3. The rights of a minor are violated by deteriorating living conditions.

Thus, the main condition for the child’s discharge is the availability of all necessary documents for the procedure. Otherwise, you will not be able to positively resolve this issue even through court.

When asking yourself the question, can I expel a child from an apartment if I am the owner, keep in mind that the expulsion procedure in each specific case has its own characteristics , therefore, to resolve the issue positively, it is advisable to seek help from lawyers.

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Legal grounds for expelling a minor child from an apartment

• Registration of a person under 18 years of age is an accelerated and simplified .
• But the reverse procedure is a completely different question.
• This is due to the fact that children’s rights and their protection are a priority direction of the state’s housing policy.
• What are the features of deregistering minor children from an apartment?

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.  

If you want to find out how to solve your particular problem, please contact the online consultant form on the right or call +7 (499) 938-44-61. It's fast and free!

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Causes

Can a minor child be expelled from the apartment? The question can be answered unequivocally: if there is no other address for registration and residence, then this is impossible .

This rule protects the rights of a minor and protects children from being expelled from their apartment “to nowhere.” However, there are situations in which it is possible to remove a minor from registration in the living space. These often include:

• Moving to another city;
• registration of parents: mother or father, and with them the baby, since the latter must be registered with them (up to 14 years of age is required);
• purchasing a new home and moving or selling the old one;
• divorce of parents with re-registration of the child from the place of residence of one of them to another, etc.

There are many situations, but there is only one question: how to discharge a minor from an apartment?

Permission

To remove a child from the apartment, you will have to obtain the appropriate permission from the guardianship and trusteeship authorities , without which it will not be possible to carry out your plans.

Obtaining a permit is subject to the availability of a new place of registration and compliance with requirements. For example, the area should not be smaller than the previous one, living conditions should not be worse, etc.

In addition, the procedure will depend on the type of property :

Required documents

In any case, to implement the plan, it is necessary to submit the following documents:

• passports of representatives;
• birth certificate;
• documents for a new living space (certificate of ownership or social tenancy agreement);
• technical documents for the old and new apartment;
• permission issued by the guardianship and trusteeship authorities;
• statement;
• certificates about those living or registered in the living space;
• other documents depending on the nuances of a particular case.

The final list of papers depends on the type of property, the status of the minor (owner or not) and other features of the case.

Is there a law on the removal of a minor child from an apartment? Legislative regulation of registration issues and its changes for minors is very serious and thorough . That is why there are several basic legislative acts regulating these processes.

If the person is under 14 years of age

In this case, you should rely on the provisions of the laws:

• Civil Code of the Russian Federation in Art. 20 establishes the main rule - a person under 18 years of age can live exclusively with his parents (at least one of them);
• The Family Code of the Russian Federation generally protects the rights of children, including the right to live together with their parents;
• The Housing Code determines housing standards per person that must be observed when changing the place of registration of children, and assigns priority to registration without the consent of the owner;
• The Convention on the Rights of the Child is an international document that establishes the most important rights of children and protects them.

A number of decrees of the President and the Federal Law determine the nuances of the work of employees of the passport office and other bodies in carrying out actions with the registration of children.

After 14 years

If a person is between 14 and 18 years of age, he is still considered a minor and has all the rights of such a person.

The laws governing the procedure for his discharge are completely the same as those that apply to persons under 14 years of age.

However, the provisions of Art. 20 of the Civil Code of the Russian Federation on living together with parents is not required here.

Civil Code of the Russian Federation Article 20. Place of residence of a citizen

1. Place of residence is the place where a citizen permanently or primarily resides. A citizen who informs creditors, as well as other persons, about his other place of residence bears the risk of the consequences caused by this.
2. The place of residence of minors under fourteen years of age or citizens under guardianship is recognized as the place of residence of their legal representatives - parents, adoptive parents or guardians.

Who has the right?

Who has the right to expel children from the apartment? Legal representatives (parents, guardians) on behalf and in the interests of the baby should deal with issues of discharge

They have the right to write it out exclusively in cases and in the manner prescribed by law. This is possible if the minor himself is the owner , then all affairs are conducted on his behalf by the parents.

However, the owner has the right to discharge a person under 18 years of age only if the parents are discharged and there is another place of registration.

How can a grandmother register her grandson, for example, if he was registered with her? The scenario is the same - agree with his parents on the future place of registration and obtain permission from the guardianship and trusteeship authorities.

If the owner wants to carry out this procedure without the consent of the mother (or other representative), then he has only one way - to court .

Does a father have the right to discharge a child after a divorce from his mother?

A difficult question, and there is no clear answer. If the mother agrees, and the guardianship authorities too, then yes, if not, then the issue is resolved in court and there is little chance of a positive decision .

Thus, removing minors from an apartment is not an easy task. However, if all conditions are met and new housing is provided no worse than the one that was, then this is possible. This procedure takes a lot of time and effort, but the established procedure is determined by the obligation to respect the interests of the children.

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How to discharge a child from an apartment? (all options: upon sale, to another apartment, through the court and without consent)

The institution of registration is an outdated concept in the legal sense. Current legislation uses the term “residence registration”. However, citizens in everyday communication, when interested in registration issues, use the usual “register” or “write out”. In Russia, the procedure for registering citizens at their place of residence is quite simple. But there are peculiarities if the issue of children’s registration is raised. To figure out how to remove a child from an apartment, you will need to study housing and family legislation.

Discharging a child from an apartment, especially a minor, often has a lot of nuances, because everyone may have their own case. Today we will look at the question of how to discharge a minor child from the owner’s apartment - the basic rules and procedure for discharge. In what cases - what is the procedure.

Restrictions and grounds for expelling children from the apartment

Is it possible to expel a minor child from the apartment? The key difference in the procedure for deregistering children from deregistering adults is that they cannot be deregistered without subsequent registration at a new place of residence.

Registration of a child under 14 years of age in the Russian Federation is possible only at the place of registration of one or both parents. In the absence of parents, the place of residence of the guardian is taken into account. But at the same time, deregistration of a mother or father if there is a registered minor is not prohibited.

The prohibition applies only at the time of registration.

In general, a child can be discharged from an apartment only with the consent of the parents or by a court decision. If a minor is the owner of a share in the apartment from which it is planned to remove him, then the consent of the guardianship council will be required.

Otherwise, there is a risk of challenging the actions of the parents by the decision of the guardianship council.

Procedure

The main condition for discharging a child from an apartment is mandatory subsequent registration in the apartment/house where at least one of the parents lives and is registered. This rule applies regardless of the type of housing (municipal, privatized). Schematically, the procedure for re-registration of a child’s place of residence is presented as follows:

1. Preparation of papers necessary for the change of registration.
2. Obtaining the consent of the guardianship council. Even if it is not required, we recommend that you agree on the issue so that there are no complications later.
3. Submission of papers.
4. Filling out the departure sheet.
5. Deregistration at the old place of residence.
6. Submitting documents for registration at a new address.
7. Filling out the arrival sheet.

As you can see, the essence of the procedure is simple. But the particular nuances of how to discharge a minor child from an apartment affect preparations for re-registration, mainly at the stage of collecting documents.

There is also a simplified scheme where it will be enough to contact the registrar for registration - registration. The checkout will happen automatically. In the event of a dispute with guardianship, the discharge and, as a result, the registration of the baby will not be carried out.

Privatized housing

The privatization process involves granting the child ownership rights to the share if he participated. To discharge a minor child from a privatized apartment, guardianship permission is required.

A condition for issuing a permit is the need to provide the child with similar housing (share). At the same time, guardianship representatives do not take into account social and subjective factors: housing in a more prestigious area, obtaining benefits from purchase and sale, etc. All that matters is the square.

The area provided to a minor must be no less than that which belongs to him by right of shared ownership.

If the purchase of a new home after the sale of the previous one is postponed for a specific period, then in order to obtain permission from the board of trustees, you will need to provide confirmation of the availability of funds in a special bank account intended for the purchase of an apartment. The amount of the deposit must be no less than the value of the minor’s share in the sold apartment. The board of trustees may not take into account the price specified in the purchase and sale agreement, but focus on the market price.

When a minor is not the owner

The procedure for expelling a child from a privatized apartment if he is not the owner varies depending on whether the minor refused to participate in privatization or not.

If the apartment was purchased and not received during privatization, and the child is not the owner of the share, then the consent of the guardianship council is not required for discharge. It is enough to register the minor at a new place of residence - in the same apartment (house) with his parents.

It is still recommended to respect the rights of the child. New housing should not be worse than the previous one. Exceptions to the rule are possible for objective reasons. But this is highly undesirable.

Extract from public housing

The law fully protects the interests of a minor registered in an apartment owned by the municipality. In this case, permission from the guardianship will be required to discharge the child. You need to obtain consent even if the move is related to the purchase of a new home.

The requirements of the guardianship council are standard - the new housing should not be worse than the previous one. It happens that the board of guardians does not give the go-ahead if the child is not provided with a separate room in the new apartment, but in the previous one there was one, with a general increase in the nominal area.

In practice, refusals do not happen often, but before making real estate transactions, it is better to clarify the nuances with the regional guardianship department.

Collection and formation of a package of documents

The procedure for removing and registering a minor citizen requires careful preparation of the necessary papers before visiting the FMS directly and submitting applications.

The general package of documents for discharging a child from an apartment includes:

• statement;
• child's birth certificate;
• passports of father and mother;
• departure sheet (arrival for registration).

Additionally, the consent of the second parent is required if they do not live together and the child is under 14 years old. The permit is prepared by a notary. In the absence of the second parent (death, deprivation of parental rights, inability), a supporting document is submitted.

If the location is unknown, then an explanatory note is drawn up explaining the essence of the matter. When a child reaches 10 years of age, his consent to move is required if this will significantly change his lifestyle. In practice, a change in lifestyle means a change in educational institution.

The norm is rarely applied.

Title documents for housing are added to the basic package. For privatized housing, this is a certificate of ownership, cadastral passport, house register. For municipal real estate - a warrant or social rental agreement and the tenant’s passport, if he is not the child’s parent.

Guardianship Council. How to obtain consent?

In all cases, except for the discharge of a child under 14 years of age who is not the owner of a share in a privatized apartment, the consent of the guardian must be obtained. To do this, write an appeal to the regional guardianship department. The following are attached to the application:

• birth certificate;
• documents for the current housing where the child is registered;
• papers for the proposed housing (preliminary agreement);
• parents' passports;
• estimated value of current and proposed housing;
• others.

The guardianship considers the request within 14 days, so consent is required before making transactions, for example, the purchase and sale of old and new housing. Since there is no guarantee of a positive decision of the guardianship council if there is a suspicion of deterioration in living conditions. Key points that representatives of the guardianship department focus on when considering a request:

• whether the number of meters entitled to the child has been preserved;
• is the new housing equivalent to the previous one in terms of amenities;
• whether a new registration is being made at the place of residence of the parents or one of them.

If the number of squares is not enough to make a positive decision on guardianship and the parents live together, then it is possible to register one of them first, after the child, having received consent, and only then the second. This move is available, subject to other aspects.

The refusal of guardianship can be challenged in court, but courts rarely infringe on the rights of minors. Therefore, there is no chance in a standard situation. Acceptable options when a claim will affect the situation:

• provision of a sum of money to the current account before the date of purchase;
• it is necessary to register a child over 14 years old not with his parents;
• the opposing actions of the mother or father are directed against the interests of the child.

Age-related nuances in changing the place of registration

The turning point age of a child, which affects the procedure for discharge and registration, is reaching 14 years of age. Until the age of 14, a child does not fill out applications for withdrawal or registration, does not present a passport when applying, and does not need to visit the registrar at all. All procedural issues are decided by parents or guardians.

But until the age of 14, a child cannot be registered in an apartment (house) where at least one of the parents is not registered. After 14 years of age, a minor child must be present when submitting applications, as well as write them in his own hand. However, from the age of 14 you can be registered at a different address than your parents.

Time frame for registration

Control periods are established by law for performing certain actions in order to discharge a minor child from the apartment.

Event	Term
Consideration of the request by the guardianship council	14 days from the date of application
Removing a child from registration	3 days from the date of application
Submitting papers for registration at a new address	7 days from the date of discharge
Removing a child from registration	3 days from the date of application

In total, the entire process can take 27 days. The legislator allows an extension of the ten-day period provided for submitting papers to register a child. However, the grounds for an extension (pass) must be valid, that is, excluding the real opportunity for parents to register a child: illness, deferred purchase with a deposit, being away for a long time, etc.

Where should I go to get my child out of the apartment?

According to Art. 3 of Law No. 5242-1, the functions of registering citizens are assigned to the territorial divisions of the Federal Migration Service of the Russian Federation. You can submit documents in order to discharge or register a child in an apartment using any of the presented methods, choosing the most convenient:

• by personally visiting the local department of the Federal Migration Service of the Russian Federation;
• by sending an application to the MFC;
• by submitting an application through the State Services portal.

There are no restrictions on the choice of payment method. But you can only choose from functioning options, that is, if no method is available in the region other than a visit to the registrar, then you should visit the regional FMS department.

Discharge of a child from an apartment through the court

Going to court is the only alternative option for voluntarily removing a child from the apartment. The need for forced deregistration usually arises when parents divorce.

Often, after separation, one of the spouses refuses to voluntarily remove the child from the register and register it at the new place of residence. The owner can only go to court for forced deregistration. District courts of the Russian Federation deal with issues of deregistration.

Filing a claim is subject to a fee of 300 rubles. Only the owner of the property can act as a plaintiff. The prosecutor and a representative from the guardianship take part in the cases.

To initiate the consideration of the case, it is necessary to prepare a statement of claim and submit it to the court with attachments. The documents attached to the claim depend on the individual circumstances of the case. An application to court for the purpose of discharging a minor must be substantially justified by evidence.

Will they evict or not?

Courts in the Russian Federation adhere to the position of protecting the interests of the child. If a controversial situation arises, the decision will always be in favor of the housing and material well-being of the minor.

The court cannot expel a child from the apartment without justification. Divorce of parents, when one is the owner of the property, is not considered by the court as an argument in favor of a petition for eviction.

The termination of family relations between spouses does not entail the termination of family relations between parents and children.

You cannot evict a child through court if:

1. The apartment is not privatized. The reason for the refusal is that in the event of privatization, the child receives ownership of the housing.
2. The minor did not participate in privatization due to refusal. If privatization is refused, the right to lifelong residence in the apartment is retained.
3. The baby owns a share of the apartment. The homeowner cannot be evicted against his will.
4. The court will find that the plaintiff has selfish motives in the matter of evicting the child.

The list of reasons why the court may refuse is not exhaustive. However, in these cases there is no point in going to court - the decision will not be in favor of the plaintiff.

The owner has a real chance of a positive outcome if:

1. The child lives with one of the parents for a long time.
2. The minor's representative does not pay for utility bills.
3. The child had not previously lived at his place of registration, but was only “registered.”
4. The owner is not the child's parent. And the parents themselves live in another house.
5. The child was adopted.

Extract by court decision

After the court decision is made, if it was in favor of the plaintiff, the minor child must be discharged from the apartment.

From the moment the court makes its decision, 30 days must pass - the period for the document to come into force.

If there is no dispute, the owner or tenant under a social tenancy agreement must contact the FMS office in a convenient way. The Registrar will need to submit:

• statement;
• passport;
• housing papers;
• the court's decision;
• birth certificate.

Deregistration of a minor will occur within the time period specified by law - up to 3 days.

Question answer

After analyzing all the material on the procedure for registering the place of residence of minors in the Russian Federation, you can formulate basic questions and answers.

• Is it possible not to check the child out of the apartment first, and only after - when registering a new residence permit? Yes, but provided that the child’s rights have not been violated and there is permission from the guardianship, if necessary. The registrar independently sends a request for deregistration at the previous place.
• Is deregistration allowed if the minor and the father own shares in the apartment, and the child lives with the mother? The mother can register, but is against changing the registration. No you can not. A child can only be discharged against the will of the child's representative, who is the mother, by court order. And the court will refuse to extract the owner.
• Will a child be discharged from the apartment if the owner (father) wants to sell the apartment in which the minor son (not the owner) is registered, and the ex-wife is against the discharge. Discharge is possible only by court decision if it is proven that the child lives with his mother, no payments are being made for him, and that the conditions where he must be registered afterward are no worse than the current ones. Motivating the claim by saying that they want to sell the apartment will not be of any use.
• Is it possible for the grandmother, who is the owner, to discharge the child after the child’s parents divorce? The minor lives separately with his father. The mother is deprived of her rights. Yes, it is possible if the father has housing where the child can be registered.
• The board of guardians refused to give consent to remove the child from the apartment due to the fact that the move would negatively affect the child and harm his psyche. Is it possible to challenge a refusal? There is almost always a chance of victory, but most likely the court will side with the child and support the decision of the guardianship council.

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Features of discharging a minor child from an apartment

• Extract from the child's apartment. General rules
• Discharge of a minor child from an apartment
• Extract from the apartment of a minor through the court
• Discharge of a child from a municipal apartment

Extract from the child's apartment. General rules

First, let's define the term “extract”. The fact is that with the adoption of new legislation it was recognized as archaic and replaced by the terms “registration at the place of residence” and “registration at the place of stay”, however, in everyday life the concepts of “extract” and “propiska” are still used.

To ensure that checking out of a child’s apartment does not turn into an endlessly drawn out chain of complex actions, you need to remember a few simple rules:

1. A minor child must be registered and deregistered together with his parents or legal representatives.
2. If a minor is the owner of a residential premises or has a share in it, then his deregistration upon sale of the apartment is possible only with the consent of the guardianship and trusteeship authorities. Moreover, the consent of the guardianship authority is required not only in the case of transactions with real estate where he was registered, but also in the event of his renunciation of his property rights (for example, when on behalf of a child a refusal is made to participate in the privatization of an apartment). If, upon receiving a refusal from the guardianship authorities, the parents or legal representatives of the child believe that the refusal is unlawful, they can file a corresponding application with the court.
3. If the child’s parents do not live together for some reason (for example, after a divorce), then the minor citizen can be removed from the apartment only with their consent.
4. If the child does not live in the apartment, then he can be discharged based on a court decision.
5. Even if the parents (or one of the parents) have been deprived of parental rights, the minor child still retains his right to use the apartment in which he is registered.
6. It is impossible to discharge a child anywhere - there must be an address for future registration. At the same time, living conditions in the new place should be no worse than in the previous one. That is, if previously the child’s share accounted for 18 square meters. m, then in a new apartment this share should be no less.

Discharge of a minor child from an apartment

Let's consider two options for removing a child from his apartment: when he is the owner of the premises and when he is not, but is simply registered in it.

If the child is the owner of the premises:

1. We go to the guardianship and trusteeship authorities to obtain their consent to discharge the child. To obtain this document, you need to take a certificate from the passport office about the persons living in the apartment (meaning the apartment that is for sale), and also submit:
   • certificate of ownership of real estate;
   • technical passports of apartments (sold and purchased);
   • parents' passports;
   • child's birth certificate;
   • corresponding statement. Within 14 days, the guardianship authorities review all documents and issue consent or refuse to issue it.
2. If permission is received, a transaction for the sale of the apartment is drawn up. Next, state registration of the transfer of ownership of real estate takes place.
3. The next stage is the child’s discharge from the apartment. To do this, parents or legal representatives must come to the passport office with the following documents:
   • application for deregistration;
   • passports;
   • child's birth certificate;
   • permission of the guardianship authority;
   • a certificate of ownership of the apartment. An application on behalf of a minor under 14 years of age is written by his parents or legal representatives; Upon reaching 14 years of age, the child writes the application himself. After that, we fill out the departure sheet and wait. Within 3 working days, the FMS authorities check the documents and remove the citizen from registration (that is, discharge him).
4. Now we have to register the child in a new apartment. To do this, we again contact the passport office at the location of the property with an application, to which we attach:
   • parent's passport;
   • child's birth certificate;
   • certificate of ownership of a new apartment;
   • permission from the guardianship authority;
   • departure sheet from the previous address.

At the same time, we fill out the arrival form and wait for the documents to be verified. Registration will be completed within 3 days.

If the child is not the owner of the residential premises:

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1. In this case, the consent of the guardianship and trusteeship authority is not required, so we simply go to the passport office and submit:
• statement;
• parent's passport;
• child's birth certificate;
• technical passport of the new apartment. An application for a minor is written by the parent or, if the child has reached the age of 14, by himself. A departure sheet is attached to the application.
2. After the child is discharged from the old place of residence (within 3 working days from the date of submission of documents), it is necessary to register him in the new apartment.

Extract from the apartment of a minor through the court

A minor may be discharged from an apartment by a court decision if he has lost the right to use residential premises or has not acquired or has been terminated the right to use the apartment.

The application to the court is filed at the location of the defendant. A prerequisite in this case will be the participation of guardianship and trusteeship authorities as third parties.

It is also important to know that the removal of a child from an apartment by court decision is not allowed in the following cases:

• if he is registered as a participant in the privatization of municipal housing stock;
• if the child is the owner of the apartment from which he is going to be evicted;
• if the claim is filed by a person who is interested in the disputed premises.

The court is quite skeptical about cases of eviction of minors, trying with its decision not to violate their rights, although there are some typical cases that are still subject to consideration.

For example, if parents file an application to evict a child who is registered with one of the parents, but actually lives in another place (for example, with a grandmother). In this case, the court must find out the place of residence of the child’s legal representatives and may well approve registration at the new address.

The most difficult situations usually arise when they want to register a child from a larger apartment to a smaller one.

Discharge of a child from a municipal apartment

Extract from a municipal apartment can be carried out if two conditions are met:

1. Discharge of a child is possible if he is registered in a new apartment together with one of the parents or legal representative.
2. You can only register a child in an apartment where the living conditions are no worse than in the previous place of residence.

The checkout procedure is as follows:

1. We request from the passport office a certificate of those living in the apartment and a copy of the personal account. To do this, we present a passport, a child’s birth certificate and a social tenancy agreement.
2. With the received certificate, we go to the guardianship and trusteeship authority for permission and submit the following package of documents:
• personal account,
• certificate about those living in the apartment,
• parents' passports,
• child's birth certificate,
• technical passports for apartments (old and new),
• certificate of ownership of the apartment,
• social rental agreement. We are waiting: the guardianship authority reviews the documents within 14 days.
3. After completing all the above procedures and obtaining permission, you can discharge the child from the old apartment and register him in the new one.

As you can see, there are many options for discharging a child from an apartment, and in each case an individual approach is required. But the main thing that should always be remembered is that government bodies stand up for the protection of children’s rights and when controversial situations arise, they always give priority to the legitimate interests of a minor child.

Sources:

Is it possible to remove a minor child from the owner’s apartment?

The question of how to discharge a minor child from the owner’s apartment is relevant. Many are faced with the need to remove one or more children from their living space. This can be done, but you will have to follow a number of rules. It is worth telling in more detail how a minor is discharged from an apartment.

Is it possible for a minor to be discharged by law?

If a child is not yet 18 years old, then he cannot fully protect his rights and be responsible for himself. This segment of the population is considered one of the most vulnerable, therefore the legislation has several acts that are aimed at protecting the rights of minors. Children have the right to obtain registration in the house where their parents are registered.

Note! Law No. 5242-1 states that every child must be assigned a registration. And the guardianship authorities are obliged to monitor that children are tied to a specific area and subject of the country.

If you follow the law, the apartment owner who agreed to register a minor in his living space cannot register him if the child does not have a new place to register.

Answering the question posed at the beginning, we can say that according to the law, the owner cannot make an extract. But there are certain circumstances in which the law makes an exception.

In what cases may an extract be necessary?

Typically, an extract is required if the owner sells his living space and purchases a new one. At the same time, the new apartment should not be worse than the one sold. When the child is not the owner of the premises, parents can deregister themselves by simply submitting an application and a package of documents to the passport office. In this case, the homeowner is not required to be present.

If, after discharge, parents do not complete a new registration within 2 days, they will be fined, and administrative liability is also possible. Until the age of 14, a child is registered at the place of registration of one of his parents. It is legally impossible to re-register without the mother’s consent.

But there are exceptions, for example, if the mother was deprived of parental rights. Or if she cannot be present in the process, this will require documentary evidence.

Procedure

To remove a child from property, you must take a number of steps:

1. An application is submitted to the FMS or passport office with a request to discharge the minor. Only one parent can submit a document; the presence of the second is not a prerequisite. When a child is already 14 years old, he must be present during the procedure; until the age of 14, his presence in the passport office is not necessary.
2. Next, fill out the departure sheet; the employee will give you a sample and explain how to fill out the document correctly.
3. Documents will be received in one week.
4. After this, parents are required to register the minor at a new address.

To issue an extract, parents should take with them a passport to confirm their identity, as well as the child’s passport if he is 14 years old. Additionally, you will need documents for the apartment and an extract from the house register.

In what cases is permission from the guardianship authorities required?

Typically, permission from the guardianship authorities is required when a minor owns a share in the apartment. This happens when buying a home with maternity capital, as well as during privatization and after paying the mortgage.