Procedure for communicating with a child: statement of claim, judicial practice, after divorce

Divorce is a real challenge for everyone. However, children are the most vulnerable in such situations. After the divorce process, the former spouses are forced to separate, as a result of which there is a need to understand how and where the child should spend most of his time.

Features of a statement of claim to determine the order of communication between a child and his parents

Former spouses must prepare for the divorce trial. The ideal option would be to determine a line of behavior that can suit each of the two parties.

In order to find the desired compromise and take into account the interests of the child, it is advisable to forget about mutual insults and negativity after quarrels. Even if divorce is not to your liking, it is extremely important to accept and understand this event.

Only those former lovers who have come to terms with the separation can independently determine the features of the further upbringing of the child and refuse the unnecessary influence of the judiciary.

If the husband or wife objects to the proposed option, the involvement of a judicial authority will be required to resolve the important issue. This is determined by Article 24 of the RF IC.

During the trial, the interests and needs of the child will be taken into account:

• Opportunities for creating living conditions for children. Experts evaluate the material and housing security of each party.
• The degree of family attachments to mom and dad, as well as to other family members.
• Characteristics of mom and dad.
• Possible addiction to alcohol or drugs.
• Attitude to family responsibilities.
• Changes in the marital status of each of the former spouses.

It should be noted that in reality, court representatives can evaluate other aspects, since the main task is to protect the interests and rights of a growing person.

When submitting documents, and therefore when going to court, a state fee must be paid. The amount of state duty required to be paid is determined by the Tax Code.

The court will study all the circumstances and features of the lives of both parents, after which it will make its decision. It is assumed that all interests and rights of minor children will need to be respected. Article 65(3) specifies that in rare cases it will be necessary to place the children elsewhere until the completion of the trial.

If a potential threat to the health of children is suspected or the conditions for raising children are noted to be unacceptable, the children must live in another place until the final decision of the court. After the end of the trial, the children will live with the parents chosen by the court.

Download the statement of claim to determine the order of communication with the child.

Article 61 of the RF IC defines the equality of rights and responsibilities between mom and dad in relation to their common children. However, changing the place of residence does not change this basis of upbringing. Even the parent who lives separately from the child must take part in raising his child and provide financial assistance.

So, the following rights are preserved:

• Communication and raising a child;
• Checking information from schools, clinics and other institutions. Thus, a parent can control the educational results, health status and other important facts of their child’s life;
• Taking a vacation with a child;
• communication with other family members;
• providing financial assistance for the child's life.

Parents of a child who no longer live together must enter into a written agreement to determine how they will communicate with the children.

The document is drawn up in free form, but it should indicate the days and hours, and the location of the meetings. Signatures from both parents are required for the agreement to be legally binding.

It is advisable to prepare the document before the start of the trial so that only in this case can the resolution of the existing issue be expedited.

It should be noted that restrictions or prohibitions on communication between a child and a parent who lives separately are not permitted. Otherwise, there is a violation of the current legislation of the Russian Federation, which may result in a well-deserved punishment.

What circumstances need to be taken into account?

When determining the circumstances of the child’s communication and pastime, you also need to pay attention to certain aspects in order to successfully fulfill parental responsibilities:

• work schedule of the parent who lives separately;
• the need to take the child to training, various classes at school or preschool lessons (joint actions of former spouses must be coordinated taking into account the interests of the child);
• features of the baby’s life (it is not advisable to schedule a meeting at a time when the child is sleeping, studying, playing sports or doing art);
• the behavior of a parent living separately during communication with the baby (you cannot turn the child against the mother or father);
• Is it harmful to meet with a parent who lives separately?

Of course, it is impossible to take into account all the nuances in the agreement. However, former spouses should maintain contact with each other and voice any requests that arise, trying to avoid a legal scandal.

It is advisable to attach a schedule of communication with the child to the statement of claim. In this document you need to provide an approximate or exact schedule of meetings between the parent and the child. Moreover, it is advisable to indicate clarifying aspects regarding meetings:

• ways to conduct meetings with the separated parent;
• meeting place;
• duration of real communication.

The schedule can also list correspondence on the Internet or via SMS, phone calls.

It is advisable to provide for the possibility of spontaneous meetings that were not pre-planned and agreed upon. If the estranged parent unexpectedly has time to visit the child, this opportunity should be available. In addition, in some cases, assistance may be required regarding the child’s pastime and leisure activities.

You will need to create a communication schedule with your child yourself. To do this, you will need to take into account the peculiarities of the relationship between everyone (ex-spouses, the child’s attachment to mom and dad), circumstances. If intractable difficulties arise, it is advisable to consult a lawyer.

Features of resolving issues of communication and raising a child with the participation of the court

However, what to do if the ex-spouses were unable to come to an agreement with each other? In this case, father and mother must go to court in order to successfully resolve the issue regarding the peculiarities of communication with the child.

Court officials will already consider numerous aspects, including:

• the salary of each parent;
• availability of living space;
• having a permanent job;
• Features of the work schedule: shifts, number of days off, duration of shifts.

It is important to understand that the court will even take into account the testimony of witnesses, so neighbors, kindergarten teachers or school teachers may be involved in resolving the issue. The point is that the court must create a correct and complete picture of the family.

Children who have reached the age of ten can express their wishes to live with their father or mother. However, the child’s opinion may not always be sincere and based on truthful moments. In some cases, an upset child may make a certain decision to spite one of the parents.

The court decision will draw up an approximate schedule of communication between the parent living separately and the child. In this case, the document will contain information such as the duration of communication, the specifics of meetings, and the conditions for returning the child to the other parent.

Features of the participation of guardianship authorities

Guardianship authorities have a complete picture of all families in a certain region. Thus, it is the guardianship authorities who perfectly know all the important nuances. It is not surprising that PLO representatives should develop proposals before the start of the trial.

It is important to note that for the court, the opinion of guardianship officials regarding the residence and upbringing of children will be decisive. The main task is to protect the interests and rights of minor children.

In what cases is a forensic psychological examination carried out?

If one of the former spouses is confident that the other is behaving inappropriately due to mental problems, it is possible to conduct a forensic psychological examination. In this case, it is desirable that the opinion be objective.

Only a psychiatrist can make a correct conclusion about the presence or absence of mental disorders in a person. In this case, if a disease is detected, it will be possible to determine the severity of the condition. As a result of the examination, it is possible to determine the further possibility of communication between the child and the parent.

Liability for failure to comply with a court decision

If the parents cannot agree, legal proceedings are required. In this case, only the interests and rights of the child are taken into account. The decision made by the court is binding.

At the legislative level, it is expected that penalties will be imposed. However, often such punishment turns out to be extremely frivolous if the court decision regarding the further place of residence of the children is violated.

Can a court refuse a claim for communication with a child?

The court may refuse assistance in making a decision to determine the order of communication if one of the parents:

• beats a child;
• forces the child to do bad things;
• comes to meet the child;
• suffers from drug addiction;
• behaves inappropriately or unlawfully.

Thus, if even the slightest risk to the child is noted, the possibility of prohibiting any communication is assumed. Such exceptions are provided for at the legislative level.

Judicial practice in Russia

The courts consider different situations, so an individual approach is assumed.

Example 1

Citizen E. lives separately from his family - in another city. The mode of communication with the 6-year-old daughter was determined in court. Citizen E. wanted the child to go to another city for the whole summer.

However, the court allowed residence in another city only for a month, focusing on the interests of the girl.

The divorce process has only recently been carried out, and the child is still under stress, so living without a mother for a long time in an unusual environment is impossible.

Example 2

The court determined the schedule of meetings between a 7-year-old boy and his father, who lives separately. The court allowed the father to see his son once a week in the evening, and also twice a month - during the daytime on weekends.

The court is confident that this schedule is optimal.

However, the requirement for communication only in the presence of the maternal grandmother was rejected, since such communication could interfere with the boy's sincere communication with his father.

Example 3

The mother of an 8-year-old boy, who spent two hours on weekends with his estranged father, appealed to the court.

However, during one of the meetings, the boy’s aunt saw the child’s father drinking alcohol in the park with an acquaintance in the presence of his child.

After the remarks, the father began to insult the baby’s mother and her sister, her aunt, who witnessed the ugly scene. The court established that the father can communicate with his son only in the presence of the mother.

There is no need to assume that a court decision after a divorce is issued once and for all. If circumstances are different, a lot can change. The father or mother of the child has the right to file a new claim, which will even be the opposite.

Parents who are ready for reconciliation can independently resolve all their problematic issues and avoid unwanted litigation.

Source: http://UrOpora.ru/razvod/deti/sudebnaya-praktika-po-opredeleniyu-poryadka-obshheniya-s-detmi.html

Determining the procedure for communicating with a child after a divorce

Communication with a child after a divorce is the right of every parent, which is guaranteed by Art. 66 of the Family Code of the Russian Federation. On the other hand, Art. 55 of the RF IC states that every child has the right to communicate with a parent, regardless of the cohabitation and marriage of the mother and father.

Read also: How to change a child’s surname: without the consent of the father, upon receipt of a passport, to the mother’s surname

Rights and responsibilities of parents

Contents (click to open)

Chapter 12 of the IC of Russia establishes a complete list of the rights and responsibilities of parents in relation to their children. In particular, the following principles must be taken into account:

• mother and father have equal rights and responsibilities;
• termination of rights is carried out in the event of deprivation of parental rights in court;
• possible limitation of powers;
• After eliminating the violations, restoration of paternity/maternity is allowed.

This list is valid for the biological mother and father, as well as adoptive parents after the court decision on adoption has entered into legal force.

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Communication between the child and the second parent after divorce

The law guarantees equal rights of mother and father, regardless of the address of residence (Article 66 of the RF IC).

Communication is accompanied by meetings with children, participation in their upbringing, and resolution of issues related to development and education.

The second parent, the legal representative with whom the minor lives, should not and cannot interfere with communication with him. The exception is harm to the child’s psychological or physical health.

The procedure for communication is established by a settlement agreement or by the court based on the claim of one of the parents. For violation of established conditions, legal liability rules may apply.

Who will the children stay with after the divorce?

As judicial practice shows, in 80% of cases, children remain with their mothers after divorce. This is due to psychological reasons, as well as the belief that a woman can take care of her child much better than a father.

It is extremely rare for minors to be handed over to their fathers. Most often this happens by mutual consent of the parents or under the following circumstances:

• woman's abuse of illicit drugs;
• recognition of her incapacity;
• The mother's health does not allow her to fully engage in parenting.

You can learn more about the specifics of establishing guardianship over minors by following this link.

The procedure for communicating with a child by agreement

After the divorce process is completed, the separated parent has the following rights:

• regular meetings with children;
• unlimited communication with them;
• obtaining information about children at any time (in educational and medical institutions);
• expressing personal opinion on all issues related to the upbringing and maturation of a minor;
• regulation of issues related to the movement of children outside Russia.

Taking these rules into account, parents can independently discuss the procedure for communicating with their child after a divorce. This can be done orally or in writing.

The law only recognizes written agreements drawn up by a notary. Parents are required to independently draw up a settlement agreement indicating the circumstances of communication, as well as measures of liability for violating the terms of the agreement. The document has legal force and begins to be valid from the moment the agreement is registered by a notary.

Oral agreements have no legal force, so it is unlikely that an unscrupulous parent will be held accountable. But if the mother and father can resolve all conflicts on their own, then this method will be more useful for the child - it eliminates psychological trauma.

Schedule of communication with the child

The communication schedule is the main issue on which disputes and conflicts arise between parents. The mother and father will have to discuss the following issues:

• meeting places;
• regularity of visits;
• duration;
• the presence of unauthorized persons during meetings;
• the possibility of a long vacation together (for example, a trip to the sea during the holidays).

When scheduling meetings, you should take into account the age of the children and the work schedule of the parents and the child.

Contents of the agreement

The contents of the settlement agreement must contain the following categories of information:

• visiting schedule;
• possibility of deviation from the routine;
• liability of participants for violation of conditions;
• additional support issues (for example, the cost of purchasing a trip to the sea during a joint vacation).

Sample agreement on the procedure for communicating with a child

Settlement agreement
on the procedure for parent participation in the child’s life

February 12, 2019Sochi

Father: Anton Petrovich Belokolov, born May 18, 1974, resident: Sochi, st. Petrovskogo 14/7, passport NM 125478, on one side;

Source: https://SocPrav.ru/poryadok-obshheniya-s-rebenkom-posle-razvoda

Determining the order of communication with a child, how to correctly file a claim for establishing meetings with children and win the court

When people decide to separate, questions inevitably arise regarding the future fate of their children. This includes future place of residence and alimony. To make the task easier , a statement on the procedure for communicating with a child, a sample of which can be downloaded on the website.

In addition, the spouses will have to establish how they will spend time with him after the end of the relationship. If agreement is not reached, then it is necessary to file a claim with the court to determine the order of communication with the child.

Determining the time and place of meetings with children is often a judicial procedure, where the court will determine how they will communicate with the father with whom they do not live, after the parents' divorce and separation.

Parents have the right to agree on the schedule and duration of meetings with children among themselves in writing. Family law allows for the drawing up of such an agreement (Article 66 of the RF IC).

Moreover, its presence is even welcomed by the courts. In it, spouses have the right to specify in detail all the conditions for meetings and visits.

For example, former family members have the right to stipulate the days and hours of communication. In addition, you can separately resolve issues in case of emergency situations (illness, accident).

Signing an agreement between parents does not require the presence of a notary.

The exception is situations when the document contains clauses on the procedure for paying alimony. Then the contract requires mandatory notarization.

In any case, to determine the key terms of the agreement, we recommend that you obtain free legal advice from our family law specialists.

Determining the procedure for communicating with a child through the court

How to file a claim to establish visits with children?

If the spouses have not entered into an agreement among themselves regarding participation in raising children, then determining the schedule of communication (meetings) with the child is the prerogative of the court. He can also intervene when the agreement reached by one of the parties is violated.

In the event of a divorce, the issue of how often the father will see his children can be resolved immediately. This information must be contained in the divorce claim, which, in this case, is filed in the district court .

The procedure and duration of meetings between the father and the child must be set out in the statement of claim in the form of a separate demand. And then the court will set a point-by-point schedule of meetings with the parent living separately from him.

A statement of claim to determine the order of communication with a child can be filed after a divorce. This often happens when one of the ex-spouses creates various obstacles to meeting children. In fact, there will also be a violation of their rights.

It is not only parents who can insist on defining the terms of communication with their children. Other close relatives – grandparents, brothers or sisters – have the same right.

State duty amount

The state fee for a claim to determine the order of communication with a child is not paid. This is explained in the “Review of the practice of court resolution of disputes related to the upbringing of children.”

Quote: “the requirement to pay state duty in disputes related to raising children is illegal, since they relate to cases of protecting the rights of the child and are not subject to duty, which follows from the provisions of clause 15, part 1, art. 333.36 Tax Code of the Russian Federation, clause 2 of Art. 23 of the Federal Law of July 24, 1998 N 124-FZ “On the basic guarantees of the rights of the child in the Russian Federation.”

Jurisdiction and jurisdiction of the dispute

Which court should I file a claim to determine the order of communication with my child?

The statement of claim for establishing the time of meetings with a child is subject to the rules on the jurisdiction of the Code of Civil Procedure of the Russian Federation. They are as follows.

According to current legislation, the application can be presented to the court at the place of residence of the defendant (i.e., the parent who does not allow him to see the child). Art. speaks directly about this. 28 of the Civil Procedure Code of the Russian Federation.

The claim is sent to the district court at the place of his residence . As a rule, this is the court at the place of registration of the defendant.

Filing an application at the plaintiff’s place of residence is in this case impossible and not provided for by law. But a claim for division of property can be filed, provided that the disputed apartment is the place of its registration.

Subject of proof in cases of determining the order of communication with a child

The subject of evidence means a list of circumstances that the court must establish when considering a case to determine the order of communication with a young child.

From the cited articles. Art. 55 and 66 of the RF IC it follows that the court, when resolving a dispute, proceeds from the balance of interests of the parents and the minor child.

The guideline for law enforcement practice is set by clause 8 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of May 27, 1998 N 10 “On the application of legislation by courts in resolving disputes related to the upbringing of children.”

The resolution states that when determining the order of communication between a parent and a child, the following are taken into account :

• child's age;
• his state of health;
• attachment to each parent;
• other circumstances that can have an impact on the physical and mental health of the child, on his moral development.

In exceptional cases, when a child’s communication with a parent living separately may cause harm to him, the court, based on paragraph 1 of Art.

65 of the RF IC, which does not allow the exercise of parental rights to the detriment of the physical and mental health of children and their moral development, the applicant has the right to refuse to satisfy the claim to determine the procedure for his participation in the upbringing of the child, setting out the reasons for the decision made.

The parent who asks to determine a schedule for the child to meet with him or her has the responsibility to prove that communication with the father does not contradict the interests of the minor.

At the same time, he has everything necessary to create favorable conditions during his stay with him.

Circumstances to be clarified

The list of circumstances that may be the subject of discussion in court is given according to the Resolution of the Plenum of the Supreme Court of the Russian Federation “On the application of legislation by courts in resolving disputes related to the upbringing of children” and the Review of the practice of resolving disputes related to the upbringing of children by courts.

Taking into account the specific facts of the case, their list can be expanded. So, the court takes into account the following circumstances that are important for resolving the dispute.

Age and health status of the child

First of all, the court will examine the question of whether his health condition interferes with communication with the other parent. In this case, age is also of great importance.

For example, it is extremely unlikely that the court will recognize the right of a father to take a breastfed child with him on weekends. It is most likely that they will see each other at the mother’s place of residence and only in her presence.

At an older age, the chances of taking children on weekends increase. In principle, after the baby switches to general nutrition, it is possible to take him away for the weekend and the court often satisfies such requirements.

The older the age, the greater the likelihood of establishing a communication schedule that involves meetings and the child staying with the father, excluding the presence of the other parent.

Read also: 450 thousand to pay off mortgages for large families

Availability of conditions for education and development

The availability of conditions for upbringing and development is an important factor if the child will spend the night not at home.

For this there must be:

• living space;
• sleeping area;
• toys;
• books;
• Food.

A separate room and other living conditions that promote the psychological and physical development of the minor’s health are welcome.

Schoolchild's daily routine

If a child attends an educational institution, and a parent asks the court to allow him to stay overnight on weekdays, then there must be conditions that allow him to go to school without prejudice to his interests.

Even if these conditions are present, it is not a fact that the court will agree that the student’s stay at his father’s house on weekdays is in his interests.

Distance between the plaintiff’s actual residence and the child’s place of residence

It is not uncommon for a parent to live hundreds of kilometers away. The court cannot ignore this circumstance.

It is unlikely that long weekly trips will correspond to the interests of the child. In this situation, meetings will most likely have to be limited to vacations.

One of the options for solving the problem is to establish the child’s place of residence in court.

Length of time during which the child had no contact with parents

What matters here is the degree of attachment to the father. If the son or daughter has not previously communicated with him, then leaving him alone is often not in their interests and can negatively affect their psyche.

Initially, meetings are permissible in the presence of the mother, and as adaptation progresses, communication in private will also be possible.

Psychological and psychiatric examination

• A psychological and psychiatric examination may be prescribed if it is necessary to determine the relationship between the child and parents and the degree of attachment to each of them.
• For example, the mother with whom the child lives may argue that establishing visits with the father is contrary to his interests because he is afraid of him.
• To confirm or refute this circumstance, an examination may be appointed.

What can you count on

If a child has self-care skills, then a separate father can usually count on the right to take him home for the weekend every second week of the month.

On the remaining days of the week, see each other on weekdays, spend vacations with him once or twice a year, communicate by phone and through other means of communication.

Regarding disputes about determining the order of meetings with a child, everything is individual. On average, if the schedule does not contradict the interests of the children, you can count on its approval by the court.

What is necessary for the court to determine the most favorable schedule for communication with the child

The father must have a house or apartment in which the child will stay during the period of joint meetings.

Residential premises can be owned on any basis:

• own;
• commercial or social hiring;
• free use;
• use as a member of the owner's family.

Availability of conditions for the child’s stay, namely:

• sleeping area;
• toys;
• books;
• Food.

Specific conditions are determined by the age of the child.

Evidence is being prepared to confirm that meetings with the father do not contradict the interests of the minor and do not pose a threat to him. Usually a positive reference from the place of work and residence is enough.

The defendant may attach to the case documents confirming negative characteristics:

• criminal record certificate;
• documents on bringing to administrative responsibility;
• witnesses confirming the facts of child abuse.

Therefore, you need to be prepared for such developments. It is better to discuss countermeasures with a lawyer. Certificates confirming your regular income will help with this.

On the one hand, the fact of working or engaging in entrepreneurial activity characterizes the parent positively. On the other hand, having an income is necessary so that the parent can support the child while he is with him.

Features of preparing and filing a claim to determine the order of communication with a child

The statement of claim must set out evidence of violation by the second spouse of the rights to communicate with the child. This is where witness statements and other corroboration may come in handy.

In addition, the court has the right to request documents from the parties to the dispute to determine the procedure for communicating with the child . This may be information about the plaintiff’s property and housing status, work schedule.

The court can establish a schedule for meetings between the father and the child not only on ordinary days, but also on holidays and school holidays.

It should be remembered that the schedule of meetings with the child established by the court may subsequently be revised. This can happen due to an objective change in children’s daily routine.

For example, a child grew up and went to school from kindergarten. In this case, you can ask the court to allow you to take the child to your place on Friday for the weekend.

Example of a claim to determine the order of communication and meetings with a child

Dorogomilovsky District Court

121165, Moscow, st. Studencheskaya, 36

Plaintiff: Alexey Anatolyevich Fogel

Moscow st. Workers 72 sq. 133

Defendant: Vogel Ekaterina Vladimirovna

Moscow, st. Kalinina 13-a apt. 50

Third party: Department of Social Protection of the Population of the Dorogomilovo District of the Western Administrative District of Moscow

121165, Moscow, st. Studencheskaya, 31

Statement of claim to determine the order of communication with a child

Source: https://sud-isk.ru/sry-o-det/opredelenie-poryadka-obshheniya-s-rebenkom.html

Determining the procedure for communicating with a child: detailed instructions, judicial practice, sample claim

Divorce is rarely amicable. If a couple has children together, conflict between parents negatively affects their mental state. One of the unpleasant consequences is that the father is prohibited from communicating with the child.

In the article we will look at the features of meetings with children after a divorce, what to do if the mother forbids the father to communicate with the children, how to determine the order of meetings peacefully and through the court, whether it is possible to legally limit communication, how judicial practice develops in disputes about determining the order of communication with children.

Features of the procedure for communicating with a child after divorce

Whether the parents are married or divorced does not affect the rights of the children. In accordance with Part 1 of Article 55 of the RF IC, they can freely communicate with their mother and father, as well as with relatives on each side. A woman should not interfere with meetings if this does not threaten the physical and mental health of the minor.

After determining the place of residence of the child with the mother, the father retains the right to participate in the life of the joint children. Based on Article 66 of the RF IC, the second parent can:

• receive information about the state of health, treatment, training, education;
• participate in the educational process and important decision-making;
• meet and spend time with a minor.

During a divorce, parents can, without involving the guardianship authorities and the court, agree on a schedule of communication with their children. One side voices its option, and the other accepts the terms or offers its own. When a verbal agreement is reached, the former spouses fulfill their obligations in conditions of mutual trust.

Example 1. During the divorce of spouses Stepanov E.A. and T.N. the court determined the place of residence of the young son with his mother.

The father intends to participate in the child’s life, so he made a request to E.A. Stepanova. about meetings with my son on weekends.

The mother agreed to these conditions, asking that the ex-husband agree on meeting times with her in advance. The son spends time with his father every week on Sunday.

What to do if the mother forbids the father to communicate with the child?

An oral agreement does not protect the right to communicate with a child. If the mother prohibits meetings, the father will have to defend his interests.

The problem can be solved in one of the following ways:

• the parties enter into a written agreement;
• the father or mother applies to the guardianship authorities;
• the second parent files a claim in court.

When a compromise is reached, the parties sign an agreement on the procedure for exercising parental rights (Part 2 of Article 66 of the RF IC). All changes are made by mutual agreement.

If the mother does not allow the father to meet with the children, he can write an appeal to the guardianship authorities. Specialists will contact her, ask for an explanation, and have a conversation about the rights and responsibilities of parents. A woman has the right to propose her own schedule for meetings between her child and her ex-husband. The applicant will receive recommendations for interaction with the ex-spouse that are acceptable to both parties.

Example 2. In case of divorce between spouses Arseniev A.V. and N.T. a dispute arose over a son and daughter. The court left them with their mother. Arsenyeva N.T. allowed the father to meet with the children in her presence. In response to the request to release them together with A.V. Arsenyev.

I refused to go to another city to visit my grandmother. The ex-husband considered that his rights had been violated and wrote a complaint to the guardianship authorities. The specialist called N.T. Arsenyeva. appointment. During a personal meeting, the mother explained that the children were under three years old.

Psychologically, they are not ready for a long separation from her. Therefore, meetings with her father take place in her presence. She submitted a written schedule indicating the time her ex-husband would communicate with her son and daughter. The guardianship authorities provided Arsenyev A.V.

schedule, indicating that it is optimal and consistent with the interests of the minor.

The role of the guardianship authority is reduced to mediation between parents. Only the court has the right to make an official decision on determining the order of communication with children. His decision must be implemented by both parties. Otherwise, either party may involve a bailiff.

How to determine the procedure for communicating with a child peacefully?

If the parents have come to an oral agreement, it is advisable to record it in the form of a written agreement. This increases the sense of responsibility and encourages you to fulfill your obligations.

The agreement must include the following information:

• date and place of compilation;
• information about the parties (full name, passport details, addresses);
• information about the child (full name, date of birth, residential address);
• a regulated procedure for meetings with a minor;
• signatures of the parties.

Important! The law does not oblige the parties to the agreement to have the document certified by a notary. If it does not include provisions for alimony, a simple written form is sufficient.

Download a sample agreement on the procedure for communicating with a child

In a voluntary agreement, former spouses have the right to provide for any conditions. They may concern:

• frequency and maximum number of meetings with the father;
• places of communication;
• mother's presence at meetings;
• restrictions on joint and separate holidays;
• procedure for providing information about health, treatment, education, upbringing.

The terms of the agreement must not violate the interests of the minor.

How to resolve the issue of communication with a child through the guardianship authorities?

Before going to court, you can try to resolve the conflict with the involvement of guardianship authorities. The father submits an appeal in which he indicates:

• name of the territorial body;
• information about parents;
• information about the child;
• the essence of the conflict;
• a request for assistance in organizing communication with the child;
• date and signature.

A schedule of meetings is attached to the request.

The guardianship authorities will invite the mother to a personal meeting and offer to resolve the issue peacefully. If she refuses to resolve the conflict, the father’s statement and the mother’s written response will be presented to the court as evidence.

Read also: Property tax benefits: large families, pensioners, application

How to get meetings with your child through court?

Resolution of issues through the court takes place in several stages. Let's look at them in more detail.

Step 1 – Preparing documents

Before going to court, you need to prepare evidence confirming that the ex-spouse creates obstacles to participation in the child’s life. The list of documents includes:

• divorce certificate;
• birth certificate;
• applicant's passport;
• evidence of the conflict (audio and video recordings, witness statements, personal correspondence);
• evidence that the plaintiff is interested in communicating with the minor.

We must remember! The state fee for filing a claim is not paid, since it is drawn up in the interests of a minor. If the decision is positive, the defendant will have to pay 300 rubles to the budget.

Step 2 – Filing a claim

Based on the prepared documents, a statement of claim is drawn up. It must meet the requirements of Article 131 of the Code of Civil Procedure of the Russian Federation. The text must indicate:

• name of the district or city court in accordance with jurisdiction;
• information about the parties and the guardianship authority;
• factual circumstances of the dispute;
• a description of the obstacles created by the defendant;
• requirement to establish a procedure for communication with a minor;
• list of applications;
• date and signature.

The claim is filed in person through the office or sent to the court by registered mail with notification.

Download a sample claim to determine the order of communication with a child

If you encounter any difficulties in filing a claim, it is advisable to contact a qualified family law lawyer. He will help prepare evidence, draw up a claim and take part in the trial on the plaintiff’s side.

Step 3 – Participation in legal proceedings

It takes 2-3 months to resolve the issue in court. The court sets a date for the hearing and invites the participants to the hearing. Guardianship authorities must be involved in the consideration of the dispute. They give an opinion on a desirable schedule of meetings with the minor that will not violate his interests.

If necessary, a forensic examination is carried out. It allows you to determine the degree of attachment of the child to each of the parents. The actions of the second parent are also analyzed.

Important! The court has the right to propose that the issue be resolved peacefully. Once an agreement is reached, the parties enter into a settlement agreement. In this case, the proceedings are terminated.

Additionally, a pediatrician, teacher, educator, close relatives and witnesses are involved in the case.

If the decision is positive, the requirements are satisfied in whole or in part. The judicial act is binding on both parties.

How to execute a court decision?

The court decision is not always executed voluntarily. In this case, the plaintiff must apply to the court for the issuance of a writ of execution. It is transferred to the bailiff service, which takes measures for enforcement.

In practice, enforcement of the decision is difficult. The bailiff has to deal with negative emotions from ex-spouses. The emphasis is on not only complying with the requirements of the law, but also not causing psychological trauma to the child.

In accordance with Article 109.2 of the Law on Enforcement Proceedings dated October 2, 2007 No. 229-FZ, the bailiff must ensure unhindered communication between the child and the second parent. The order established by the court decision must be followed. The bailiff cannot make any changes. If necessary, a psychologist, teacher, or social worker is involved.

What responsibility comes with limiting the established order of meetings with a child?

If one of the parents does not comply with the order established by the court, he is brought to administrative responsibility.

The Code of Administrative Offenses of the Russian Federation provides for the following penalties:

• a fine of up to RUB 2,000. for failure to comply with the requirements of a court decision (Articles 17.14-17.15);
• a fine of up to RUB 2,000. for failure by the parent to comply with the requirements established by the court (Article 5.35).

In case of malicious evasion of the execution of a court decision, the former spouse can be deprived of parental rights.

Is it possible to change the order of communication?

If circumstances have changed, at the initiative of one of the parents it is possible to change the order of communication with the child.

Adjustments are made for the following reasons:

• changing the living conditions of a minor;
• change of educational institution;
• disease;
• mother's business trip;
• other circumstances.

If the former spouses were able to agree on this issue, they draw up a written agreement. In case of conflict, you need to go to court with a demand to change the order of communication with the child.

Is it possible to legally limit a child's contact with his father?

If the father does not properly fulfill his parental responsibilities, the question of limiting meetings with the child may be raised. The measure is being introduced to minimize the negative impact on the minor.

The following circumstances may be the reason for establishing a restriction:

• insulting the mother in the presence of the child;
• taking a minor to another city without the consent of the mother;
• immoral lifestyle;
• committing actions that negatively affect the development, education and upbringing of a child;
• cruel treatment of a minor.

If the second parent abuses his rights, the issue of limiting communication with the child is resolved through the court.

Judicial practice in disputes about determining the order of meetings with a child

As can be seen from judicial practice, claims to establish a procedure for communicating with children are satisfied in most cases.

The Supreme Court of the Russian Federation clarified that the guardianship authorities must be involved in the case in this category of disputes. In this case, it does not matter who filed the claim in defense of the interests of the minor (clause 3 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of May 27, 1998 No. 10).

For each specific case, the court determines the time, place, duration of communication and other significant nuances. The following circumstances are taken into account:

• age of the minor;
• his state of health;
• attachment to each parent.

Claims are denied in exceptional cases. For example, with the threat of moral and physical violence from the second parent.

Example 3. Stepanov N.T. filed a lawsuit against L.A. Stepanova. about establishing a procedure for communicating with his son. He pointed out that the mother creates obstacles to meetings. The former spouses did not come to a voluntary agreement. The plaintiff asked to establish a procedure for communicating with the child daily and on Sunday from 10 to 12 o'clock in the presence of the mother.

The defendant proposed her communication schedule: every first and third Sunday of the month from 10 to 12 o’clock in her presence. She pointed out that Stepanov N.T. does not pay child support, his meetings with the child negatively affect the health of the minor. The court considered the plaintiff’s demands justified and satisfied the claim in full (Appeal ruling of the Supreme Court of the Republic of Dagestan dated 20.

08.2018 in case No. A04-33-4487/2018).

Help from a lawyer to protect the father’s rights to communicate with his children

When resolving disputes about communication procedures, spouses often encounter negative emotions. To feel confident in a court hearing, it is advisable to enlist the help of a family law attorney.

He will help prepare evidence, draw up a claim, and take charge of interaction with the other party. Our lawyers will tell you how to file a claim and what documents to prepare.

Write to us right now and get a free consultation!

Source: https://glavny-yurist.ru/opredelenie-poryadka-obshheniya-s-rebenkom.html

Can I file a motion at a divorce hearing to determine the order of contact with my child? — Pravoved.RU

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Hello! The situation is this: my brother’s wife filed a claim for divorce, they have a common daughter (6 months old), in the statement she indicated that “an agreement on the residence and upbringing of the child has been reached between us,” although this is not so! She does not allow her to see her daughter, does not allow her to participate in her upbringing and development, or make any decisions regarding the child! Also, my brother is not satisfied with the way his wife treats the child (she leaves the child with strangers, often goes out with friends with the child until late, which contributes to the abnormal development of the daughter due to violation of the regime, does not massage the child, although it is necessary, etc.). d.) He wants to participate in the upbringing and development of his daughter. What does he need to do? Is it possible, when a statement of claim for divorce is being considered, in court to express one’s disagreement with the written proposal in the statement and to file an objection to the statement of claim and evidence that the wife forbids seeing her daughter? Or is it better to write a Statement of Claim about the procedure for participating in the upbringing of a child and submit it so that it can be considered in a separate court hearing?

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Lawyers' answers (3)

Good afternoon.

Parents have equal rights in relation to the child. If the mother prevents him from meeting with the child, he can file a counterclaim in court to determine the order of communication with the child.

As a result of the consideration of the case, a time will be established when he will be able to freely meet with his child. The main thing is to correctly draw up and substantiate such a counterclaim, which will be difficult for you to do on your own, without the help of a lawyer, so I offer my help.

I will draw up a claim, you will receive it electronically, I will give all the necessary explanations, and then you can handle it yourself.

If you need more detailed advice on this issue or need help in drawing up a statement of claim, write to me, to do this you need to “click” on my name, then “chat”, I will be happy to help. I am ready to provide you with legal assistance until a court decision is made.

Natalia, hello!

If the parents cannot come to an agreement on determining the procedure for communicating with the child, then this dispute is subject to judicial review (Article 66 of the RF IC).

A parent interested in establishing such an order has the right to file a claim with the court to determine the order of communication with the child, indicating his version of the schedule for such communication. The application is submitted to the court at the defendant’s place of residence.

As a result of consideration of the statement of claim accepted for proceedings, the court will make an appropriate decision, taking into account the interests of the child, according to which one or another communication schedule will be determined, subject to mandatory execution by both parents.

In case of violation of such a decision, the parent may be held administratively liable in the form of a fine (Article 5.35 of the Code of Administrative Offenses of the Russian Federation).

And if the parent living with the child maliciously fails to comply with such a court decision, the court, at the request of the parent living separately from the child, may make a decision to transfer the child to him based on the interests of the child and taking into account the opinion of the child (clause 3 of Article 66 of the RF IC).

Natalia, if you have any questions, ask, I will be happy to answer. You can also write to me in the chat and order a personal consultation or preparation of a document on your question. All the best!

Good afternoon.

Your brother can go two ways.

1) admit the claim for divorce. It must be remembered that property will be recognized as jointly acquired during marriage if it was acquired before the date of filing the court decision, or before the date specified in the claim as the time from which the marriage relationship was terminated. It is necessary to determine the date of the actual end of the marriage relationship if there is a dispute over the division of jointly acquired property.

After the divorce, file a claim to determine the order of communication with the child.

2). The brother may file a counterclaim, indicating that there is a dispute about the child’s place of residence and jointly acquired property, in which case the magistrate’s court is obliged to transfer the case to the district (city) court.

Source: https://pravoved.ru/question/1773386/