Who gets the child in a divorce?

In the modern world, divorce is a common occurrence. More than half of the family unions currently concluded in Russia fall apart. The state is taking some measures to improve these sad statistics. The cost of divorce proceedings has increased, and the process of divorce in the presence of minor children has become more complicated.

But often the disagreements between spouses are really serious, and further living together seems impossible to them. In this situation, formalities cannot be an obstacle to divorce.

According to statistics, a third of those who want to divorce refuse this decision precisely because they do not want to injure their children and make attempts to save the marriage.

Main reasons for family breakdown

The most common reason for a disagreement, which spouses indicate as official during a divorce, is excessive alcohol consumption or addiction to drugs by the husband or wife.

There is another delicate reason for the breakup of families, which many prefer to keep silent when officially processing documents. This is adultery of a husband or wife, which makes further cohabitation impossible.

About a third of families break up due to lack of their own housing or due to interference in the affairs of the family by other relatives.

Very often, young married couples do not have the financial opportunity to buy or rent their own living space. The husband and wife have to live with the parents of one of them, who may not be happy.

Then it is impossible to avoid disagreements and scandals that do not contribute to strengthening the young unit of society.

According to research by Russian psychologists, about 40% of families break up in the first four years of marriage. Other reasons cited by spouses for divorce include differences in character, dissatisfaction with the partner, imprisonment of the husband or wife, and inability to have children.

How to formalize the dissolution of a family relationship

In the case when the further life together of a husband and wife is unbearable, and even the presence of small children is not enough to preserve the relationship, the spouses have to get a divorce. Divorce is a difficult procedure not only emotionally, but also legally. It becomes especially complicated if the couple has two or more minor children.

When a marriage breaks up before children are born, there are different ways to formalize this procedure. Let us turn to the Family Legislation of the Russian Federation, namely to Articles 19 and 21 of the Family Code of the Russian Federation. It says there are two ways to get a divorce:

• out of court, by submitting the application to the authorized body;
• through filing a claim with the courts.

If the husband and wife do not have young children and property disputes, then they can choose the first method. In addition, there are exceptions and if there are children in the family, they are prescribed in Article 19 of the Family Code of the Russian Federation:

Divorce at the request of one of the spouses, regardless of whether the spouses have common minor children, is carried out in the civil registry office, if the other spouse: is recognized by the court as missing; declared incompetent by the court; convicted of committing a crime to imprisonment for a term of over three years.

In other cases, a decision by the judiciary is required. It is important to understand that even if the termination of the family’s existence was registered with the registry office, most related controversial issues are resolved through the judicial system. Such problematic issues include alimony payments during a divorce, all questions about the future of children and an incapacitated spouse.

Divorce with mutual consent of the spouses

During a divorce, often both spouses are driven to the limit by quarrels and conflicts or rationally assess the situation. In this case, they may both decide that it is necessary to dissolve the marriage.

But even in this case, if there are minors in the family, the procedure for formalizing the dissolution of the relationship can be difficult.

Complications may be associated with the inability of the husband and wife to come to an agreement regarding the upbringing and maintenance of children in the future.

Ignorance of the formalities and procedure for judicial resolution of the issue can also delay the divorce process. If there is a mutual desire to divorce, the court pays attention to the fate of the children. Protecting the interests of minors is one of the priorities of the legislation, and judges take issues in this category very seriously.

All the details of the case are considered, and the hearing sometimes extends over several sessions. To speed up the consideration of the case, parents can prepare certain documents in advance.

Preparation of documents to speed up the divorce process

A husband and wife can enter into an agreement in which they will specify with whom the minor family member will live, how the second parent will participate in his upbringing, who will support the children financially and in what amount, and the responsibilities for their decent upbringing will be shared.

Such an agreement must be drawn up in a certain form, which is established by the Civil Code of the Russian Federation. It is necessary to fully indicate all the details of the mother, father, and child.

But it is important to understand that the content of the document must be sufficient for the court to make a decision based on it.

If there are two or more children in a family, then an agreement can be drawn up for each of them and separate conditions of detention can be prescribed. If the papers are drawn up correctly, all the necessary elements are present, and the contents of the agreement do not raise suspicions, then the court can accept it when considering the case and use it to make a decision.

Sometimes the court approves and includes in the final decision only some clauses of the contract. For example, if the amount of alimony specified in the agreement is very small and does not reach the required standard. The judge may consider that one of the parties forced the other to sign an agreement on terms unfavorable for the child. Then the amount of alimony will be changed in favor of the child.

The procedure for judicial review in the absence of mutual agreement

But there are situations when parents fail to reach absolute agreement. Then the divorce process can drag on for many years, and the spouses will never be able to reach a common denominator.

The child’s parent has the right to defend his interests through the court if his demands are justified, but are not accepted by the other party.

To resolve issues of maintaining two or more children through the court, you need to know what to do and understand the procedure.

Conditions for refusing a plaintiff in a divorce case

If one of the spouses does not want to divorce, the court may take this into account. Especially when there are several children in the family. Then the judge reviews all the materials in the case and may refuse to grant a divorce if it would seriously harm the children.

For example, if there are three young children in a family, and the husband wants to leave the family for another woman, the court may refuse to divorce him until the children grow up.

Divorce and two children in her arms in this case can become an enormous burden for the mother, both emotionally and financially.

The Family Code does everything possible to protect children and establishes that a husband cannot break off a relationship during his wife’s pregnancy, as well as in the first year after the birth of the baby. This rule also applies if the child dies before the age of one year.

Allowing time to rebuild relationships

If the court has reason to believe that the family can be saved, then it has the right not to make a decision immediately. When a couple with two or more children divorces, this happens everywhere, as the court does everything possible to preserve the family.

If the judge decides to give the husband and wife the opportunity to keep the family together, he will decide to postpone the trial.

Such a decision can be made as many times as desired, but the total period given for reconciliation in a specific case should be no more than ninety days.

When divorcing through the registry office, spouses are always given a deferment for reconciliation, and a final divorce can be obtained no earlier than 30 days after filing the application.

It is worth noting that this measure is quite effective. Many spouses submit a statement or claim in the heat of a quarrel, trying to prove to their partner that they are right. A delay gives time to calm down, think things over and make peace. Many couples are filing for divorce.

Child support payments if you have two or more children

If saving the family is unrealistic, then it is necessary to resolve the issue of the future of children who, unlike their parents, cannot take care of themselves. One of the main mechanisms for protecting the interests of minors and incompetents is alimony payments.

The procedure and conditions for receiving alimony amounts are regulated by Articles 80-100 of the Family Code of the Russian Federation. Family law establishes that if, during a divorce, children remain to live with one of the parents, then the second has the responsibility to financially support the family. The amount of child support payments depends on the number of minor children and the parent’s income.

If there is one child in the family, then child support must be at least one-fourth of the parent’s income. If a couple with two children divorces, then the one who does not live with them must pay at least a third of all income for maintenance. If there are more than two children in the family, then 50 percent or more of the income must be transferred to child support.

It is important to understand that when calculating alimony, all sources of income are taken into account, including from a second job, from renting out property, and interest income from a bank. All issues related to alimony are always resolved through the court system.

Deciding who the children stay with

When spouses divorce, the court must determine with whom the children will live. This is done based on consideration of living conditions, the moral character of the father and mother.

In each specific situation, a separate decision is made taking into account the interests of the child. In most cases, the woman will take better care of the children.

The spouses themselves often decide that it is better for minors, especially at a very young age, to live with their mother. In four out of five cases, after a divorce, children live with their mother.

But the court can still decide that the children will live with their father.

If a minor has reached ten years of age, he is asked during the hearing with whom he would like to live and why. In addition, if the moral character of the mother is not very good, then the court leaves the children to the father.

The fact that a mother is capable of harming her children cannot be unfounded. To do this, you need evidence, eyewitness testimony, video and photographic materials, and medical examinations. If this evidence is significant, the court, even if there are two children, will decide to let them live with their father.

Separation of several children after divorce

In a situation where there are two children in a family, one of them can live with their mother and the other with their father. There can be many reasons for this. Sometimes the father takes responsibility for raising older children to make it easier for the mother to care for the younger ones. In addition, especially for boys, male influence and upbringing are needed during adolescence. It can be difficult for mothers to cope with their sons during adolescence, and especially to help them develop their character.

Another reason may be the parent’s place of residence. For example, it is healthier for young children to live away from the city.

But when the question of education arises, it is much more convenient to live in large populated areas. Often, when entering a higher educational institution, a child moves from his mother to his father, who lives in the city.

This allows the teenager not to live in a dormitory and to be under the supervision of a parent.

In modern practice, there are increasingly cases where children live with both parents. The agreement may even stipulate the number of days per week, per month, per year that the children live with each of the former spouses. All of the above options must be properly completed and approved by the judicial authorities.

Which parent will keep the child?

It is generally accepted that the division of children in a divorce is considered the most difficult stage of the divorce process, psychologically and morally. Unfortunately, not all parents are able to peacefully resolve their relationships and find out with whom the child will remain after a divorce - this issue is often resolved in court.

In these cases, it is the child who suffers first and foremost, having to accept the fact that their family no longer exists. Make a very difficult decision, choosing between two parents.

If one of the parents files a lawsuit, the judicial authorities must weigh the pros and cons and assess the financial condition of the father and mother of the children.

There are also a number of very important aspects to consider before leaving your child with one of these.

The procedure for “dividing” children during divorce

Answers to questions about who the children stay with after their parents' divorce can be obtained in court, since in many cases the former spouses are not able to come to a mutual agreement and come to an agreement on their own. According to the law presented in Art.

24, part of the Family Code of the Russian Federation, citizens are able to prepare in advance an agreement on children, which specifies in detail exactly with whom the children will live.

Rules and hours of communication with children on the part of the second parent, the procedure for paying alimony and dividing joint property.

In the absence of such an agreement, the determination of the child’s place of residence in the event of a divorce is determined by the judiciary according to the law. The following are taken into account: the attitude of children who are already ten years old, the financial situation of each of the parents, how they treat their children, their lifestyle and other important factors.

Based on the information received, the judge is able to make an objective decision. In many cases, they are left to live with their mother, but the opposite situations often occur. In general, the rules for determining where a child will live after mom and dad divorce are controlled by:

• a pre-written agreement provided to the court by the parents;
• by a court decision in the absence of such a document.

If parents want to divorce, they first need to find out who the children will stay with.

The most civilized option is to draw up a settlement agreement that is beneficial to both parties, since such a document takes into account the interests of children and adults.

If the agreement does not jeopardize the interests of the child, the court authorities will be able to approve it after filing. Such an agreement will need to provide information on the following issues:

• place of residence of the child during divorce;
• frequency, place and time for meetings of the child with mom or dad, who will live in another place;
• rules for the participation of mothers and fathers in the process of raising one or more children;
• monetary costs from all sides for children.

How can the issue of children's residence be resolved through court?

It must be borne in mind that if there are serious disagreements between people, the judicial authorities independently decide with whom to leave the child. When making decisions, the interests of each child are always taken into account.

When ex-husbands and wives cannot decide how to divide their children during a divorce, including when they have multiple children, they will have to initiate litigation, the length of which depends on the complexity of the situation.

Typically, documents are submitted to the court by one of the parents when he is not satisfied with certain circumstances, or he does not want to give the child to his ex-wife or husband.

The application must contain reasonable arguments in favor of determining the place of residence of the minor child after the divorce. Details of living together before the divorce procedure, if it is necessary to indicate any individual circumstances. Usually, along with such a document, an agreement to pay alimony is also submitted.

The procedure for considering the application is carried out taking into account Article 78 of the RF IC, as well as the law for the protection of the rights of the child, in order to determine with whom the children remain when their parents divorce. To begin with, court representatives study all the details of the circumstances and take into account a large number of aspects, including:

• children’s opinion about the place where they will live and their attitude towards their parents in cases where their age is at least 10 years;
• the desire of former spouses to take care of children;
• the moral qualities of each parent, the presence of bad habits, mental state and physical health, their lifestyle in general;
• financial situation of the ex-wife and husband;
• social factors and children's communication with other family members;
• features of the place and region where the child will live, etc.

In the process of resolving a conflict situation between divorcing spouses, members of the guardianship organization are certainly present in the courtroom, on whose decision the determination of the child’s place of residence after the divorce also depends. Their powers also include examining the place intended for the children to live, after which the representative draws up an act, which he submits to the court.

Often the outcome of the final decision made by the judicial authorities depends on this document. Sometimes a child needs support from psychologists or teachers, who may also be present at the meeting.

Most people are interested in the question of why, during a divorce, the child remains with the mother, since quite often the court is inclined to take the woman’s side. This usually happens when it comes to young children under ten years of age. It is at this time that children need their mother's care more, for this reason it is not advisable to leave them with their father.

The court should not violate the close bond between mother and child, especially when it comes to infants. In some cases, the father can take the child away through the court if the mother fails to cope with her direct responsibilities.

If a woman is unable to fulfill maternal obligations and care for a child, the court transfers the right to care for him to the father. The list of good reasons may include the unacceptable lifestyle led by the ex-spouse, the presence of alcohol, drug and other addictions.

The mother’s complex illness is also a fairly fair justification for the court’s decision. Some fathers believe that their ex-wives should not keep the child; in such situations, they have to collect evidence to win the case.

Rights of a parent living elsewhere

Information about how children are divided during a divorce is of interest to many people who want to get a divorce. Regardless of what the court decides or the terms of the agreement, one way or another one of the spouses will have to live separately from their child. He needs to know in advance both his rights and responsibilities towards his children.

When the court decides which of the former spouses will need to live with the child until he reaches adulthood, it always takes into account not only the rights of the children, but also other serious nuances. Article 61, included in the Family Code of the Russian Federation, provides that both parents must enjoy personal rights and fulfill their responsibilities after a divorce.

According to the law, both former spouses are in an equal position, their rights and obligations remain until the children reach adulthood. They are required to care for the child, take part in the upbringing process and provide financial support.

If a child’s father or mother forbids him to meet with his parent, such actions are a violation of children’s rights.

These problems will be considered in court, where it will be decided who the small child remains with during the divorce. The list of powers and obligations of parents who do not live with their children includes:

• financial support of children;
• full care for them;
• the ability to control the process of children’s education, their health status, the methods of their upbringing, and request any information about children, for example, in documentary form;
• legal protection of children's rights.

When children are divided equally in a divorce

Information about who will be left with one child or several children in the event of a divorce also consists of situations where the ex-husband and wife plan to divide two or three children equally, taking into account the wishes of each individual child and parent. Since there is no term in judicial practice called “child separation,” judicial authorities usually decide whether each child should be with his father or mother. The court may “split” children when there are a large number of children involved. If there are a large number of children, parents think that dividing them between their former spouses may be the best solution.

This usually happens in situations where one of the children is more attached to the mother or, conversely, to the father. According to the law, the court cannot prohibit the separation of several children, but it does not have the right to insist on such a division. When divorcing a marriage, this issue is decided from the point of view of the interests of each child, as well as his personal opinion, if he is already ten years old.

The legal process may take longer in such cases, especially if the parents have not yet reached a specific agreement. This is also possible due to disagreements regarding the children’s living with one of them after a divorce.

Rules for determining the place of residence of children

When the ex-husband and wife are unable to decide with whom their child will remain after the parents’ divorce, the issue of residence in this case is usually resolved in court.

Guardianship officials are involved as third parties; they are independent representatives of the child and ensure that his interests are respected.

In order for the court to accurately decide who should be appointed as the permanent guardian of the children and with whom they should be left, the guardianship authorities must submit the following documents:

• an act confirming the availability of acceptable living conditions for both the mother and father;
• a conclusion that contains information about where the child will live, as well as a description of his wishes and interests, the nature of the relationship with his parents, the financial situation and conditions of each spouse.

Each child can stay with the parent to whom he is most attached, if he is already ten years old.

In this case, the court where the spouses who want to divorce have applied is able to leave the child with the father or mother based on the information received and other factors.

If parents are faced with the question of how to separate their children after a divorce proceeding, remaining misunderstandings can be resolved peacefully or in court.

How children are divided during divorce

There are many unpleasant consequences caused by such a procedure as divorce proceedings. Negative emotions associated with the distribution of property values ​​can never be compared with the emotional experiences that divorcing spouses have to experience when there is a minor child in their family.

The division of children in a divorce is a huge responsibility placed on parents, because the future fate of their child depends on it.

And how can one carry out the division of a living person, who equally needs communication with both his father and his mother?

When parents divorce, children experience severe psychological shock, and it is very important not to aggravate the situation with disputes, but to do everything to minimize their experiences.

According to the legal norms of family law, children in a divorce are not divided, and this is natural, but it is determined which parent they should live with on a permanent basis.

There are two possible options for conducting a divorce procedure in those families where a child is being raised. This may be an amicable agreement, at best, or a lengthy divorce process in which the decision will be made by the court, not the parents.

Compromise between parents

If the spouses are able to sensibly assess the situation and agree on who will get the right to live together with the children during a divorce, then an agreement is concluded between them, which should indicate:

1. The exact address of the child’s permanent place of residence (determined according to the registration of the father or mother).
2. Details regarding the possibility of meetings with the other parent. The frequency, amount of time, and also the place where they will occur are specified.
3. The role of each divorcing spouse in organizing the educational process.
4. The amount of material resources aimed at ensuring the life of the baby.

When drawing up an agreement intended to separate rights and obligations, you need to take into account all, even the smallest, details.

To avoid problems in the future, it is advisable to have the document notarized and make three copies. Two of them will be kept by the parents, and one must be left with the employee of the notary office. If these conditions are met, it will be impossible to change anything unilaterally.

Division of children in a divorce: who gets the children in a divorce?

If it is impossible to save the marriage, parents are faced with the question of who will get the child in the event of a divorce? In most cases, courts leave children with their mother (in accordance with international law and the Declaration of the Rights of the Child). But fathers, like spouses, have rights to their children.

Resolving the issue of children during divorce

Article 61 of the RF IC establishes equal responsibilities for parents to provide for and raise their minor offspring. Rights and responsibilities can be fully realized when living together with children. During a divorce, this problem can be solved in two ways:

1. drawing up a mutual agreement about children (Article 24 of the RF IC), which specifies the obligations of the parents, the place of residence of the children, the procedure for communicating with the other parent, the amount of alimony and other issues;
2. discussion of the dispute in court.

In addition, in Art. 24 of the RF IC provides a list of issues that spouses can resolve through the court in the absence of an agreement or if the document is drawn up with violations.

The court is obliged to consider questions about which parent the minor children will live with and how alimony will be calculated.

At the request of the parties, the judge divides the property and establishes maintenance for one of the spouses (when caring for a disabled child and during maternity leave).

Children Agreement

For each child, a separate Agreement is drawn up in two copies with the signatures of the parents (Article 66 of the RF IC). The document addresses the following issues:

• who gets the children in a divorce;
• how alimony payments and funds for the maintenance of a disabled spouse will be paid (for example, a mother on maternity leave or while studying at a university, a spouse caring for a disabled minor);
• organization of education and leisure time for children;
• taking into account children's interests when dividing property;
• under what circumstances will children communicate with the second parent (the order of communication and meetings);
• All controversial issues are included in a separate paragraph.

It is recommended that the document be drawn up and completed by a notary. In this case, he will inspire greater confidence in the court. The notary will confirm that the agreement was drawn up voluntarily. If an agreement has been concluded, but is not respected or violates the interests of the children, then the controversial issues are brought to trial.

How does the court work in the absence of an agreement on children?

If the agreement is not drawn up or violates the rights of the child, the judge decides all issues independently. The court primarily protects the interests of children, therefore it checks:

1. moral character, lifestyle of each parent;
2. conditions and financial situation of the parties (certificates of income are required);
3. physical capabilities and health status (medical examination report, certificates);
4. the strength of children's attachment to each parent;
5. actual participation of mom and dad in the baby’s life, willingness to care for him;
6. parents' working hours.

According to Art. 54 of the RF IC, both parents have the right to raise children. But according to established judicial practice, after a divorce, the child more often remains with the mother. It is difficult to take children away from a responsible mother, even if the father is a well-off person. A spouse's high salary is usually taken into account when determining alimony.

Dads often go to court when mothers do not fulfill parental responsibilities or lead an immoral lifestyle (Article 69 of the RF IC). If the father wants to take the child, he must prove that his wife is not raising him.

The court takes into account such negative factors as: alcoholism, drug addiction, mental disorders, proven facts of child abuse, difficult financial situation of the parent, prolonged absence from work without a good reason, lack of own housing.

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Procedure for considering a dispute about children in court

According to Art. 23 of the Code of Civil Procedure of the Russian Federation, legal disputes regarding children are administered by city and district courts of general jurisdiction. In addition to spouses, representatives of the prosecutor's office must be present at the meetings. According to Art. 78 of the RF IC, employees of the guardianship authorities are involved in hearings of cases of this category.

Checking living conditions by guardianship authorities

Before the court hearing, spouses are advised to meet with specialists from the guardianship service and invite them to inspect the living conditions. The guardianship worker will prepare an act on the possibility or impossibility of the children living with the parent. During the preparation of the report, the guardianship service collects and verifies the following information:

• whether the parents are registered with a narcologist, psychiatrist, or at a tuberculosis clinic;
• absence of criminal records and administrative violations;
• the presence of disabilities, chronic diseases that interfere with the full upbringing of the child;
• acts of inspection of living space, conversations with family and relatives;
• income level of both spouses;
• characteristics from neighbors and employer.

How to prepare a claim to pick up a child?

At the preparatory stage, a parent who intends to sue a child is recommended to contact a lawyer to substantiate the legal position, prepare a claim and collect evidence. The following actions will help you win the case:

1. establish connections with guardianship authorities;
2. ask relatives, class teacher, teachers, neighbors to attend court hearings;
3. improve relationships with your spouse and relatives, especially allow communication with your baby;
4. establish psychological contact with children, create comfortable conditions for their living.

The parent will have to prove that he is a more responsible person by taking his child to school and to classes. Often the court takes the side of the parent with whom the child actually lives. To confirm this, family composition certificates will be required.

Children's rights during divorce

Art. 31 Residential Complex of the Russian Federation	Children retain the right to housing even in the event of a divorce, regardless of whether they live in the house or not.
clause 1 art. 55 IC RF	Children have the right to communicate with the other parent, grandparents and other relatives even after a divorce.
Property law	In the process of dividing joint property, the court takes into account the interests of minor children. The child's property is his property after the divorce. In addition, he can use the property of his mother or father.
Art. 60 IC RF	Art. 60 of the RF IC provides for the right to receive alimony payments for each child.
Art. 57 RF IC	The court takes into account the opinion of a child at least 10 years old. The opinion of a minor under 14 years of age is not paramount. The court may refer the child for a psychological examination.
clause 2 art. 59 IC RF	Often, a parent with whom children remain after a divorce wants to change their last name. This procedure is carried out after contacting the guardianship authority.

Conclusion

When filing a claim, a parent must understand that the court does not compare spouses, but protects the interests of the children. The task of the court is to make a fair decision in the interests of the child. The court decision will depend on the strength of the evidence and arguments of the parties.

Sun explained who a child should stay with after his parents divorce

What necessary actions should the court take if it is forced to decide which of the parents the child will live with after the divorce - with the mother or with the father.

This question, unfortunately, has not lost its relevance for a long time. And it concerns many broken families. And if you believe the statistics, then in our country almost every second marriage finds itself in such a situation.

It's no secret that not all mothers and fathers manage to maintain civilized relationships after a divorce. And the main subject of their judicial division is most often not property, but the child.

On the one hand, the law states that mom and dad have equal rights in relation to the child. But the little person will have to live with one of the parents. How to do this in the least painful way for children and in the most correct way according to the law – ours and the world’s – the Supreme Court said, reviewing the standard judicial “division” of a child between parents.

The Russian Armed Forces confirmed harsh sentences for the murders of children

So, in Vologda, the boy’s father came to court with a lawsuit, arguing that after the divorce the child should be allowed to live with him, and alimony should be collected from the mother. The woman, on the contrary, asked to determine the baby’s place of residence in her apartment in Moscow and to award alimony to the child’s father. According to her, the child is better off with his mother.

The representative of the guardianship authorities, represented by the administration of Vologda, fully supported the father’s claim. A representative of the Child Rights Service of the Government of the Vologda Region did the same. They participated in the process as third parties. Their general conclusion is that the father has better living conditions for the child than the mother.

The Vologda City Court decided to leave the boy to his father. The regional court confirmed the correctness of this verdict. The child's mother was forced to go to the Judicial Collegium for Civil Cases of the Supreme Court. They reviewed the Vologda case and said that there was every reason to overturn the conclusions of the local judges, since they had interpreted the law incorrectly.

The local court, when deciding the dispute in favor of the father, referred to the Family Code (Articles 65, 66). And also, on the Resolution of the Plenum of the Supreme Court on such disputes (N10 of May 27, 1998) and the conclusion of the Education Department of the Vologda Administration.

The Supreme Court prohibited children from asking the prosecutor to recognize the parent’s marriage as fictitious

According to our Russian Family Code, during a divorce, the parents themselves decide with which of them the baby will live. True, if the child is already ten years old, then the court must ask the child about where he wants to live. But in our case we are talking about a little boy.

So, according to the law, if there is no agreement between the former spouses, then the court will decide where the child should live. But when making such a decision, the court must take into account many things. The main thing is that he is obliged to make a decision based only on the interests of the child and taking into account his opinion.

The Supreme Court goes into great detail listing everything that the court will have to take into account if it is considering a “children’s” case. It is imperative to find out the baby’s attachment to each of the parents, brothers and sisters. The age of the child must also be taken into account. And also the moral qualities of the parents, their work schedule, the ability to find time for the child, and so on.

According to the Family Code (Article 78), regardless of who brought the claim, the guardianship and trusteeship authority must be involved in the case, which is obliged to examine the living conditions of the child and put a report on the court table. Moreover, if the parents live in different places, then it is necessary to involve the guardianship authorities, both from the mother and from the father. And this is an indispensable condition.

In Russia they want to introduce a level of “maliciousness” for evading alimony

And here’s something else that the Supreme Court specifically emphasized: guardianship should participate in the case as a state body capable of giving a competent opinion on who the child is better off with, and not as a third party. But in our case, guardianship was only a “third” party.

But there were other extremely important points that the local courts did not take into account. So, in violation of the law, the court did not explain why it accepted the arguments of one side, in our case - the father, but rejected the mother. But such an explanation by the court is mandatory. And according to the Constitution, the parties should have the same rights to protection. As a result, this is what happened.

In court, the conclusion of a neurologist was added to the case that the baby had astheno-neurotic syndrome because he was negatively influenced by his mother and older brother. The father brought the conclusion, and on the last day when the decision was made.

And the regional court refused to add to the mother’s case the conclusion of a specialist in the field of psychology who questioned the competence of the neurologist.

The Supreme Court said: the refusal to order an examination, which the mother requested, infringed on her rights, put the parties in an unequal position and violated the law (Article 195 of the Code of Civil Procedure). The Supreme Court ordered the case to be reconsidered, taking into account its clarifications. The conclusions made by the Supreme Court in this particular case are a kind of clarification for local judges on how and on what grounds to resolve such disputes.