From the age at which the child ' s opinion is taken into account in the divorce of his or her parents

During the divorce proceedings, couples with common children are examined by the court on many issues relating to the subsequent residence and maintenance of minors; in the proceedings, the competent authorities decide, on the basis of the child ' s wishes and other parameters, who will be brought up in the future and what the conditions will be for the young person ' s association with a parent living separately.Со скольки лет, с какого возраста учитывается мнение ребенка при разводе родителей

The law that determines,at what agethe child ' s opinionThey're asking in court.it is stated that a young person who has reached the age of 10 has the right to express his or her views.

A minor's point of view in a divorce

Under article 57 of the UK, a child 10 years of age or older has the opportunity to express a preference for further residence.The child's decision is generally based on the following characteristics:

  1. Relationship to the father or mother: The level of the minor ' s relationship with his or her parents is determined on the basis of an examination carried out by the officers of the guardianship authorities and the teachers, and the authorized persons examine in detail the children ' s attitude towards each member of the family and identify genuine affection.
  2. Parental image of the couple: Softness and tolerance tend to be determining factors for the child, but these same qualities directly violate the interests of the adolescent, which means that the judge will not take them into account.

If a minor chooses to remain with his father, the court will not take them into account unless it is proved that the child's choice is consistent with his or her interests.

Со скольки лет, с какого возраста учитывается мнение ребенка при разводе родителей

Identification of the interests of a minor

If the former spouses have not entered into an agreement on the division of duties and the rights to communicate with the Chad, the guardianship and guardianship authorities shall intervene.The stations find out:

  • The living conditions of both sides;
  • Material security for former spouses;
  • Time schedule;
  • The way of life of the parties to the divorce process;
  • The existence or absence of harmful habits or addictions.

In the course of receiving information, the guardianship authorities have the right to require the spouses to undergo a series of examinations in order to determine the psychological impairments and abilities of the child ' s own upbringing.

The views of a 10-year-old child

Prior to hearing the children's wishes directly, the experts invited by the court verify:

  • Whether the decision has been imposed;
  • The sincerity of the choice;
  • The child ' s ability to make such decisions.

In order to secure the adolescent ' s wishes for further residence, he or she must undergo a psychological and pedagogical examination that confirms that the decision is informed.

The view of a child over 14 years of age

Adolescents aged 14 and over under article 20 of the Code of Criminal ProcedureThey have the right to choose their place of residence after their parents ' divorce and, moreover, the law allows adolescents to live separately, subject to the authorization of the father and mother.

Article 56 of the Code of Criminal Procedure provides for the possibility for a minor to bring himself before a court in order to protect his or her own interests.

Court verdict against the child ' s wishes

Although the judge is obliged to hear the views of a minor who has reached the age of 10 years, the decision of the court often goes against the child ' s wishes.Such situations occur if the child:

  • Has expressed a desire to live with a spouse with certain material problems;
  • Makes a decision on the basis of an opinion imposed;
  • He wants to stay with a spouse with the worst moral qualities.

Со скольки лет, с какого возраста учитывается мнение ребенка при разводе родителей

The child's interest is the determining factor in the appointment of a further place of residence for the court; if one of the parents is able to provide for the miracle and give due time to the child's upbringing, and the other does not, the court will necessarily take the side of the better-off party.

Pretrial settlement

Parents have the right to decide on the issue of the child ' s own residence in pre-trial proceedings.

In that case, the question is,From how many yearsThe child ' s opinion was taken into account, was meaningless and minors had the opportunity to speak in any case.

The drafting of an agreement on the upbringing and maintenance of a child on a voluntary basis will enable the parties to avoid nervous shocks and to agree among themselves without involving judges or guardianship authorities.

Conclusion: features of the judgement based on the opinion of the adolescent

Thus, it is mandatory for the court, during the divorce proceedings, to question a young person who has reached the age of 10 about his or her opinion on further residence.

However, verdicts are not always in keeping with children ' s wishes, since, at such a young age, the Chad does not have the opportunity to assess future prospects.

At the same time, if a minor is 14 years of age, the judge has the right to rule on the testimony of one minor alone, without going into the rest of the details.

How long has the child ' s opinion been taken into account in court in the divorce of his or her parents?

Со скольки лет, с какого возраста учитывается мнение ребенка при разводе родителей

Who determines the place of residence of the children in divorce?

If a married couple has a minor child, a judicial procedure must be followed in the event of a divorce; in order to resolve all the issues, the applicant must file a complaint with the local court, in which case it will not be possible to apply for a court order.

The binding nature of the judicial procedure is due to the fact that the interests of the child must be taken into account in certain matters: to whom, in the event of property disputes, the dissolution of the marriage must be decided immediately or the time for reconciliation.

In the judgement, the judge must answer who the children are left with, and when there is no disagreement between the two parents, the courts usually say in the judgement: no dispute, no dispute between the children and the mother, or simply divorce, without any legal effect in the judgement.

What should parents do?Article 65 of the Family Code stipulates that parents have the right to decide on matters relating to the upbringing of a child by mutual consent.Therefore, in the absence of conflict, it is preferable to record the child ' s place of residence by means of a paper-based agreement.

In case of disagreement, the matter should be raised in the divorce claim and the court should hear the explanations of all the parties concerned and take into account their interests, including children.

What are the issues in determining the child's place of residence?

In court proceedings, the judge must determineAll factors influencing the choice of the parent with whom the children will remain:

  • Morality of both parents(describes qualifications, employers ' characteristics, witness statements, documents from guardianship authorities);
  • Financial situation of the spouses(confirmed by income statements, bank statements, tax returns);
  • Relationship of a minor to his or her parents(psychological examination, but sometimes enough photo-, video-confirmation and testimony);
  • a child ' s comfortable environment and way of life(confirmed by testimony from other relatives, certificates from educational institutions, etc.)

A parent ' s good financial security does not guarantee a solution in his or her favour; it is sufficient that the material condition meets the child ' s basic needs, with the judge taking into account the payment of maintenance from one of the parents.

It is important for children to maintain the normal way of life, the comfort of attending kindergarten, school, and communication with friends and other relatives.

At what age of children is opinion taken into account?

Article 65 of the Russian Federation regulates that the court must determine the place of residence not only in the child ' s interest but also in the light of the child ' s opinion if he or she has reached the age of 10.

A minor may not be required to attend court proceedings because he or she may harm the child ' s moral well-being.

Psychological examination is often initiated and questions are put forward to determine:

  • A child's attachment to his or her father or mother;
  • The influence of the parents on the minor ' s opinion;
  • Whether the child can independently judge the significance of the issue of place of residence;
  • Priorities in the child ' s life, existence and relationships;
  • harm or benefit from specific aspects of the child ' s time with each parent.

The expert ' s opinion is subsequently heard in court without the child ' s own participation.

If the judge does not consider the examination to be exhaustive, the child may be heard during the hearing, in the presence of teachers or representatives of the guardianship authorities.

In such hearings, parents are more likely to exclude children from being pressured by the presence of any of them, and the court determines whether the children are fully aware of their interests, with whom they see the future of life, than the child ' s wishes to live with one of the parents are justified.

Opinion of a child under 10 years of age

Upon reaching the age of 10, the child ' s wishes are required to be taken into account by the court as a factor; however, the minimum age for taking into account the child ' s views on family relations is not set by law.

Under the United Nations Convention on the Rights of All Children, there is a right to express one ' s opinion in circumstances that affect the child ' s interests.

Therefore, if it is confirmed that the child can express his or her views clearly and is aware of his or her interests, his or her opinion is taken into account and he or she can be questioned in court.

If the child has reached the age of 14

The place of registration of parents is also considered to be the address of residence of children under 14 years of age.After this age, the adolescent has the right to decide who he or she lives with.The presence of a 14-year-old child in court is mandatory when a divorce claim is heard and there is no mutual parental agreement.

Moreover, a youth of this age is, in the opinion of the legislator, old enough to live separately from his mother and father.There are situations where the rest of the family — grandmothers, aunts, etc. — are more concerned with providing for children. In such a situation, the place of registration of the child must be agreed with those persons who own real estate.

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When a child ' s opinion is not taken into account, the child ' s view after 10 years is taken into account, but it is not always decisive; if a wish is contrary to his or her interests, the court may disregard it; in such cases the opinion is only one of the circumstances that the court will take into account when making a decision.

In some situations, a child, because of his or her age, may simply be offended or angry with one of his or her parents because of a minor dispute, a feeling of pity or joy from the gifts received, and the consequences of his or her choice of place of residence are not yet fully understood.

Matters decided by the court in determining the child ' s place of residence

After divorce, a parent who does not live with a child may wish to see him or her, and another parent may ask for child support, in which case the court may determine the circumstances of the next parent's relationship with the child:

  • Number of meetings over time: once a week, not more than a week for a month, for a weekend, during a vacation.
  • Place of meetings: at home, in a public place, in the child ' s place of residence, in giving;
  • The circumstances of the meetings: alone with the child, only in the presence of the second parent, certain relatives or other persons;
  • To provide assistance: to allow the father or mother to pick up the child from an educational institution and to drive home, to buy recreational trips.

The court ' s decision should aim at ensuring that, in determining the child ' s place of residence, the child ' s mental health, health and development are not affected, and that his or her normal way of life and communication are preserved.

Judicial practice

Analysis of court decisions shows that the majority of children under 3 years of age are left to live with their mother in divorce because they require continuous care.

After this age, the courts can already identify a child for both the mother and the father, since attention is paid to quality education.

The courts take into account all factors in the complex: if, in all equal circumstances, a child ' s choice of residence with one of the parents is sought, the decision is often taken.

In addition to the child ' s examination, both parents ' psychological studies may be made available in the proceedings, and the attitude of the ex-spouses towards the child and each other is examined.

If there are more than one child, everyone ' s opinion is taken into account; it is not uncommon for each of them to get along better with a particular parent.

So, for example, the court may decide to leave the daughter with the mother and the son with the father.

However, if this separation of the family has a negative impact on the moral well-being of the minors or if the parents intend to move to different cities, they will all be left with one parent, contrary to the view of some children.

From what age a child can choose who to live with in divorce

The place of residence of a minor is recognized under Russian family law.place of residence of his parents or guardiansTherefore, one of the main issues that arises in the dissolution of a marriage of spouses with children isthe determination of their further place of residence.

There are two ways to decide where the children will live after divorce:

  • by achievingagreements between spouses;
  • in judicial proceedings.

In the event of a dispute over further residence, the court shall take into account:interestsof minors and theiropinionAccording to article 57 of the Family Code of the Russian Federation, children have the right to express their views on matters affecting them and to be heard during the proceedings.

The wishes of a child who has reached the age of 10 years must be taken into account in the court unless it is contrary to his or her interests; however, the decision must not be based solely on his or her opinion; the final determination of his or her place of residence is based on the interests of the children.

Young persons who have reached the age of 14 are required to be heard by a court on the question of further residence, and are entitled to submit an application on their own in order to change their place of residence (art. 56, para.

Со скольки лет, с какого возраста учитывается мнение ребенка при разводе родителей

Was the child ' s opinion taken into account in divorce?

According to article 65, paragraph 2, of the Family Code of the Russian Federation, all matters relating to the upbringing of children shall be decided by mutual consent of the parents; therefore, in the event of dissolution of a marriage, the preferred way of deciding with whom the child will live isAgreement between spouses.

Where such an agreement is not possible, the dispute over the place of residence of the child following the divorce of the mother and father shall be consideredin the District CourtAccording to article 65, paragraph 3, of the Russian Federation, this matter is resolved on the basis ofin the interests of the childand taking into account itViewsThe main factors affecting the determination of further residence are:

  • AdhesivenessTo the mother, father, brothers, sisters and other members of the family, the extent of the child's proximity to family members is determined by the staff of the guardianship authorities and the teachers.
  • Moral qualitiesThe psychological and guardianship authorities take into account the education, profession and positive characteristics of each spouse and pay particular attention to the abuse of alcohol or narcotic substances.
  • Age of childJudicial practice shows that a child under the age of three is left with the mother in the vast majority of cases because he needs constant care and care; the place of residence of children above that age may be determined by the father ' s place of residence.
  • An opportunity to createconditions for education and developmentThe court takes into account each parent ' s working hours, the time they are able to spend on their children; for example, if a father works on watch, he is not in a position to take full care of the child ' s upbringing.
  • Material and family statusThe court takes into account the level of income of each parent, which can be confirmed by the relevant certificate of employment, the living conditions of the mother and the father; no less important will be the availability of relatives who will be able to raise the children in the absence of the parent; therefore, in case law, the child ' s place of residence is often determined by the parent who has already established a new family.

Thus, the minor's opinion is:Only one factoron which the decision will be based, with whom he will reside.with the assistance of a psychologist and guardianship authoritiesBefore the meeting, and to listen to the child himself.

In divorce of parents, the court shall take into account the opinion of the child who has reached the age of 10.

Opinion of 10-year-old children, courtshould take into accountin deciding who they will live with, but they are not required to be present at the meeting.

First of all, the guardianship authorities and psychologists find out whether participation in the hearing will harm the minor.

Children ' s views on their place of residence and their degree of attachment to the mother and father may be determinedPsychological assessmentThe results are presented during the hearing.

If the child ' s presence in court is necessary, according to article 179 of the Code of Civil Procedure of the Russian Federation, the child ' s interview takes place only in the presence of a teacher.

  • A hearing on the question of further residence usually takes placewithout the presence of the parentsto prevent the possibility of pressure.
  • It not only reveals the views of the child, but also the views of the child.Isn't it imposed?In accordance with paragraph 20 of decision No. 10 of 27 May 1998 of the Plenum of the Supreme Court of the Russian Federation, it is necessary to determine the extent to which the children themselves are aware of their interests and the reasons for their desire to live with their mother or father.

The child ' s desire may be a decisive factor in determining his or her future residence, but in some cases the child ' s judgmentCould be contrary to his safety.For example, if the dissolution of a marriage is due to domestic violence, it is dangerous for children to live with those who have committed aggression.

From the age of 14, the child has the right to choose who to live with.

The place of residence of a minor under the age of 14 is recognized as the place of residence of his parents or guardians, in accordance with article 20, paragraph 2, of the Code of Criminal Procedure.to choose independentlyI don't know who to live with.

If the children reached the age of 14 at the time of the divorce, in the absence of an agreement between the parents on their place of residence, according to article 37, paragraph 3, of the Criminal Code of the Russian Federation, the court shall:Obligation to involve a young personTo participate in the meeting.

A minor who has reached the age of 14 may reside and be registeredSeparate from parents- Subject to their consent and consent of the person in whose territory the child is to live.

Minors over 14 years of age are considered to be mature enough to live separately from their parents, so they can submit a request during the trial to determine the place of residence of a young person with a third person.

According to article 56, paragraph 2, of the Russian Federation, a young person who has reached the age of 1814 years of agehas the right to apply to the guardianship authorities or the court for the protection of his or her interests, in which case the choice of which parent to live with will be decisive.

Of course, according to article 63, paragraph 1, of the Russian Federation, parents havepriority lawTo raise their children.

However, there are often situations where other relatives (e.g. grandparents) are directly responsible for the upbringing and care of the child.

Therefore, a young person who has reached the age of 14 has the right to apply to the guardianship authorities for the appointment of a guardian with an indication of a specific person (under article 13, paragraph 3, of the Act of 24 April 2008 No. 48-FZ on guardianship and guardianship).

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The court ' s decision to live with one of the parents contrary to the child ' s opinion

Although the judgement of a child who has reached the age of 10 must in one way or another be taken into account in determining his or her place of residence, this cannot be a determining factor.Based on his interests.

When the court hears the child ' s opinion on his or her place of residence, it is borne in mind that the wish may be based on the pity of the parent or the gentleness of one spouse in choosing the methods of upbringing; therefore, a court decision may be taken against the wishes of the minor.

An important, but not the only, indicator is the material security of the spouses, and the court will also pay attention to the opportunity to devote the necessary time to the upbringing (e.g. to the working hours of each of the spouses), and the moral qualities of the parents and other factors will be equally important.

From what age a child can choose who to live with in divorce

Со скольки лет, с какого возраста учитывается мнение ребенка при разводе родителей

In planning for a divorce, parents must knowHow long has the child ' s opinion been taken into account in divorceThe outcome of the proceedings often depends on their wishes, regardless of the proof that the parents cannot live together, and on the opinion that arose in the first place in the court, and the question of who will remain with the minors must be dealt with at the court hearing; according to the law, a 10-year-old child may answer it himself (art. 57).

It is ideal for parents to agree with each other, not only on their own, but also on the basis of their wishes. If a few children are more complicated, because they want to stay in touch with their mother and father, they will want to be with their brothers and sisters.

Before filing an action, parents need to decide:

  • Where the child will live (if he or she is 14 years old, he or she will choose, and there may be close relatives);
  • Provision for minors (allegations, size, frequency of payments, indexation).

In any event, the judge, on the basis of article 24, paragraph 2, and article 65, paragraph 1, of the Russian Federation, will require a decision during the trial, possibly with the involvement of PLO staff.

Which factors are considered first (under art. 65, para. 3, of the SC):

  • A child's attachment to his/her mother and father, with a PLO representative and a psychologist working with him/her, aren't always people who can take into account the child's behavior and certainly don't feel him/her unconsciously, like a mother or father. It's important for parents to remember that even a teenager can't analyse the consequences of his/her answers. It can be a time factor, his/her immediate grievances against his/her mother or father.
  • Age: Children under the age of 3 almost always stay with their mother, which is psychologically and physiologically necessary, since the father is not always equipped with child hygiene and certainly cannot breastfeed; children who have crossed the 10-year threshold and can stay at home alone and exercise the necessary skills are often left with the father.
  • Parents ' way of life and moral qualities: The court and the PLO emphasize the health, characteristics of the father and mother. 100 per cent of cases will not leave the child with an alcoholic, a drug addict who is registered in a psychoneurological clinic. Although there are exceptions in these cases, when the abused mother promises to "get off", he will heal and return to a healthy lifestyle in order to keep the child close to him or her, or the child who has reached the age of 10 is categorically refusing to abandon the a social parent.
  • Material security (housing conditions): The court may be on the side of the parent whose living conditions are better, whose income is higher, as confirmed by the certificates, and the PLO representatives who previously examined the father ' s and mother ' s housing.
  • Family status: Sometimes the ex-wives plan to start a new family soon after the divorce; of course, with the stepmother or stepfather, there is a possibility of conflict, which will necessarily be taken into account in court; in addition, the child's father will not be left with him if he works for a day, and he has no relatives who can look after the children (grandmothers, sisters, etc.).
  • Work and rest arrangements: The extent to which one parent can raise a child, devote him or her personal time, invest in development and participate in his or her interests is taken into account.

Thus, in addition to the age at which children ' s opinions are taken into account in the divorce of their parents, The father and mother must note that the court considers all circumstances in a comprehensive manner.

He must listen to witnesses from both sides and read the PLO ' s report on the child ' s living conditions.

When the force is equal, it is the child ' s 10-year-old opinion that can play a decisive role in making the final decision.

Legislatively, the rights of a minor in the expression of his or her opinion are covered by an entire article (art. 57) A priori is considered to be capable of analysing the general situation in the family and predicting developments at the child level, but one condition is that his or her own opinion should not be contrary to his or her own interests.

When the child is born,

  • 10 years of age, when children are asked who they want to stay with, often in court, and parents must realize that in addition to the very fact of divorce of their parents, the public choice is very difficult for the child. Often the court will listen, but the verdict will be the exact opposite. This happens if the child wants to stay with the father, but one of the reasons for the divorce is cruelty, violence against the mother.
  • Under article 20, paragraph 2, of the Code of Criminal Procedure, a child is obliged to reside in the place of residence of the father or mother (on the basis of a court order), but after the child is entitled to choose his or her own place of residence; if the child has reached the age of 14, he or she is brought before a court as a full member of the community (art. 56, para. 2, of the Code of Criminal Procedure), he or she may bring an action against himself or herself, his or her rights and his or her decision may be first decided by the court.

In the latter case, contrary to the rules set out in article 63, paragraph 1, of the Code of Criminal Procedure, where the care of the child rests entirely with the parents, other relatives may be more likely to take care of the children.

And kids who have reached the age of 14 may say they prefer to stay with their grandparents, uncles, older sisters, etc.

The court may not refuse to do so on condition of the consent of the father and mother, the normal living conditions and the good security of both parents.

A PLO staff member is required to be present at the trial and, prior to the trial, the judge is required to consult him or her.

This is necessary to ensure that the choice of parent will not cause a child serious psychological trauma.

Children, because of their age, cannot understand why dad and mom should live apart, they do not know the difficulties between parents, especially when they never argue (scandals) in front of the children.

A small child (up to 10 years of age) is not required to be present at the dissolution of a marriage; the interview takes place in a neutral area in a friendly environment that is not connected to the dreary courtrooms of the court; nor are the parents able to indirectly influence the outcome of the interview by manipulating.

Psychologist asks questions, never to the forehead, but only conditionally-neutral ones, but to understand who the child is reaching more personally, how he evaluates the situation at home, whether he is reluctant to stay in a common house, or whether the child feels comfortable with his grandmother.

From the age at which the child ' s opinion is taken into account in the divorce of his or her parents

Со скольки лет, с какого возраста учитывается мнение ребенка при разводе родителей

So the child can choose who to live with when he or she reaches the age of majority.

In the event of a dispute over the child ' s place of residence, it should be borne in mind that the mother and the father have equal rights to raise their child.

Disputes concerning the manner and manner in which parents participate in the upbringing of children, as well as the place of residence of children, are resolved with the assistance of the guardianship and guardianship authority or through the courts.

Article 57 of the Russian Federation: The right of the child to express his or her opinion

This constitutional provision is reflected in article 57 of the Family Code, which enshrines the right of the child to express his or her opinion.

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The right of a minor to full development and respect for human dignity is aimed at creating a full personality capable of living in a community of qualities, useful society, family and close relatives.

It is in the interest of the State and the family as a whole to exercise this right, including by enabling the child to express his or her views.

The views of a child who has reached the age of 10 must be taken into account, unless this is contrary to the child ' s interests.

In the cases provided for by the UK, articles 59 and 72 of the Family Code of the Russian Federation, the guardianship and guardianship authorities or the court may take a decision only with the consent of a child who has reached the age of 10.

The obligation to take opinions into account is not the same as adopting a child's position; taking into account the views of the child is that the views of the parents should be adjusted to take into account the views of the child; the Convention on the Rights of the Child further addresses this issue as well.

Article 12 provides a child who is capable of formulating his or her own views with a guarantee that he or she must be guaranteed the right to express those views freely in all matters affecting him or her.

By the way, it is not just a desire or a reluctance to drink milk with foam or something, but the right to freedom of expression is the right to seek, receive and impart information, to choose what to listen to and what to read.

The child has the right to express his or her opinion in the family on any matter affecting him or her because he or she is a person. From what age is this possible? The Convention says: When a child can express his or her own views.

In fact, a child up to the age of 10 can express his or her opinion, and he or she will be taken into account, but no one — neither the court nor the parents — is obliged to do so.

Thus, without the consent of a child who has reached the age of 10, it is not possible:

As a rule, in a conflict situation, the child ' s opinion is ascertained by the guardianship and guardianship authority.

If the court decides to identify the minor ' s opinion by means of an interview directly at a court hearing, it shall be determined from a specialist of the guardianship and guardianship authority whether the presence in the court will have an adverse effect on the child; the examination shall take into account the child ' s age and development in the presence of the teacher, in an environment that excludes the influence of the persons concerned.

The survey reveals whether one parent or other interested person has influenced the child ' s opinion, whether the child is aware of his or her own interests in expressing this opinion and how he or she justifies it, and so on. Of course, in practice, it is not as encouraging.

In some cases, where the opinion of a child who has reached the age of 10 has been identified by the guardianship and guardianship authority and this fact has been indicated in the opinion of the said authority, the case file did not, however, contain information as to which particular representative of the guardianship and guardianship authority, when and in what circumstances the child ' s opinion was clarified.

This situation occurred in the settlement of the dispute by the Guriev District Court of Kaliningrad province in the case of K.

The court decided to grant the claim and determine the place of residence of the minor child, together with the father, in the light of the defendant ' s recognition of the claim and the opinion of the guardianship and guardianship authority that, on the basis of the results of the survey of the parties ' housing conditions and the opinion of the minor himself who had expressed the wish to reside with the father, it would be in his interest to determine the place of residence of the child with the father.

However, according to the Kaliningrad Regional Court ' s report on the compilation of jurisprudence, neither the living conditions survey nor the child ' s visit reports showed that the child ' s opinion had been ascertained by the representative of the guardianship and guardianship authority.

There is no explanation of these circumstances either in the record of the court proceedings, and the Kaliningrad Regional Court has indicated that the validity of the opinion of the guardianship and guardianship authority, with reference to the child ' s opinion, is essentially unconfirmed.

Thus, there is reason to believe that there has been a violation of the requirements of article 3. The child ' s right to express opinions is restricted, violated and the views expressed are often distorted or misinterpreted.

There are at least three reasons for this:

Thus, the right of the child to express his or her opinion in the context of family law constitutes recognition of the child's right to vote, in some cases, as a matter of debate and in others expressly stated in the law, as a decisive one.

While recognizing a child ' s right to express his or her opinion as a general rule, the legislator does not link the creation of this right and the possibility of its realization to the child ' s attainment of a certain age.

Therefore, the degree to which a child ' s views or opinions are taken into account in deciding a particular issue cannot and should not depend on his or her age, despite the fact that the legal meaning of his or her opinion varies according to the child ' s maturity, usually increasing with his or her age.

People ' s opinion: Story for the Night of Song for Children and Parents Social Advertisement Specialized Counsel Counseling Counseling Legal Counsel Advice for Adolescent Guidance Specialist.

At what age can a child decide which parent to live with?

This constitutional provision is reflected in article 57 of the Family Code, which enshrines the right of the child to express his or her opinion.

The right of a minor to full development and respect for human dignity is aimed at the creation of a full personality capable of living in a community of qualities, useful society, family, close relatives, in which the State and the family as a whole are interested.

This right is exercised, including by giving the child the opportunity to express his or her opinion, and taking into account the views of a child who has reached the age of 10 is mandatory, except where this is contrary to his or her interests.

In the cases provided for by the UK, articles 59, 72,,,,,, of the Family Code of the Russian Federation, the guardianship and guardianship authorities or the court may take a decision only with the consent of a child who has reached the age of 10; the obligation to take into account an opinion is not the same as accepting a child's position.

In doing so, the court takes into account the child ' s attachment to each of the parents and takes into account the views of the child who has reached the age of 10 years.

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How long has the child ' s opinion been taken into account in the divorce of his or her parents?

From what age is the child ' s opinion taken into account when determining his or her place of residence with one of the divorced parents?

The children ' s place of residence in the separation of their parents is determined by agreement between the parents.

In the absence of an agreement, the dispute between the parents is settled by the court on the basis of the interests of the children and taking into account the views of the children.

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The place of residence of a minor, according to Russian family law, is recognized as the place of residence of his parents or guardians.

One of the main issues that arise in the dissolution of the marriage of spouses who have children is the determination of their place of residence; in the event of a dispute concerning their place of residence, the court shall take into account the interests of the minors and their views.

According to article 10, the wishes of a child who has reached the age of 10 must be taken into account in court if this is not contrary to his or her interests.

From how old, at what age does the child ' s opinion be taken into account in the divorce of his or her parents?

The child has the right to express his or her opinion in the family in any matter affecting his or her interests and to be heard in any judicial or administrative proceedings.

The views of a child who has reached the age of 10 must be taken into account, unless this is contrary to his or her interests.

In the cases provided for in this Code, articles 59, 72,,,,,, the guardianship and guardianship authorities or the court may decide only with the consent of a child who has reached the age of 10.

The child has the right to express his or her opinion in the family in any matter affecting his or her interests; the views of the child shall also be taken into account in any judicial or administrative proceedings; the views of the child shall, as a general rule, be expressed in direct communication, but technical means may also be used.

From how many years a child ' s opinion is taken into account in the divorce of his or her parents, whether the child can influence the parents ' decision to divorce; Specialities.

When a parent divorces, children experience great stress, as they often love both their mother and their father in the same way.

In order for the divorce procedure to have as little influence as possible on the child, the law does not allow minors to be brought before a certain age.

From the age at which the child ' s opinion is taken into account in the divorce of his or her parents Reference to main publication