What to do if your ex-wife won't let you see your child?

A large number of couples are faced with the topic of divorce. For some, a broken marriage is considered the opening of a new life, for others it is a tragedy, and for others, divorce causes a lot of problems.

Most often, men face problems after divorce proceedings. Ex-wives, according to statistics, do not feel sorry for their ex-spouses and try to cause them a lot of trouble, trying to prove that they were much better off in their marriage.

Often, in order to hurt their ex-husband, women manipulate the child, forbidding the father to see and communicate with him. Men who do not understand women’s intrigues react violently to this fact and become furious, which increases the woman’s sense of superiority.

The law is on the father's side

1. Meetings with a child. The father has the opportunity to communicate with the child according to Art. 66 of the Family Code of the Russian Federation, the ex-wife has no right to interfere with meetings. If the dispute between the former spouses is not resolved voluntarily, then meetings are scheduled by court decision.
2. Changing the child's surname. If upon marriage the child was given the mother's surname, then at the child's request the surname can be changed to the father's surname.
3. Obtaining information about the child from his mother. The father can receive information about the health of his child, his place of residence, his dream of study, etc., from the child's mother.
4. Possibility of taking a child abroad. The father has the right to take the child abroad with the consent of the child's mother. If a dispute arises on this issue, the father may go to court in accordance with Art. 20 of the Federal Law.

My wife won't let me see my child

Contrary to a court decision and a voluntary agreement between the parties, the ex-wife can still interfere with communication between father and child for personal reasons.

Most often, these situations end in court proceedings, after which the father is assigned days to meet with the child.

If the child’s parents do not reach unity in resolving issues about the child, the father has the right to file a claim in court to remove the obstacle in communication with the child.

If a peace agreement between the parents was still not reached and the father had to take extreme measures, then to go to court he will need a statement of claim , which should include:

1. The name and location of the district court where the appeal is sent.
2. Contact details of the child's father and mother.
3. Child's contact details.
4. Contact details of the guardianship and trusteeship authority.
5. The conditions upon which the father bases the claim and the supporting evidence.
6. Evidence showing the child's father's desire to reach an amicable agreement with the mother regarding time spent with the child.

If the court makes a decision in favor of the father, but the child’s mother also prevents communication and meetings, then, according to Art. 66 of the Family Code of the Russian Federation, measures provided for by law may be taken in relation to the mother of the child. The consequences of a mother’s ban on the child’s communication with the father after a court decision are:

1. Formation by the court of a period during which the mother is obliged to comply with the court decision.
2. Granting the father the rights to hand over the child for upbringing.

Legal assistance

The father of the child can turn to a lawyer for both advice and help. During the consultation, the lawyer will explain the procedure for resolving disputes with the ex-wife, list a list of documents for filing a claim in court, provide and explain a number of rights of the father to raise the child.

When providing assistance, the lawyer draws up and collects the necessary documents for the statement of claim, represents interests at the court hearing and monitors the parties' compliance with the court decision.

The cost of a lawyer’s services will depend on the provision of the service, for example:

1. Telephone consultations – up to 2000 rubles.
2. Consultations by e-mail or sending in a letter - up to 4,000 rubles.
3. Preparation of papers – up to 8,000 rubles.
4. Representation in court in civil cases – up to 40,000 rubles.

Specific amounts for the provision of legal services will depend on the complexity of the case, the time of application and the conditions under which the child’s father goes to court.

A child who has not reached the age of majority has the right of ownership to all income and property received by him, without exception. All funds received by the child, for example, alimony, benefits, go to the disposal of the parent with whom the child lives.

The child's powers are protected by the Housing Code, in accordance with which the child has the right to his own share of the living space, even after the dissolution of the marriage between his parents.

Deprivation of the father's rights to the child

If you follow all the rules and regulations when going to court, you should not be confident in your own victory. There are legal proceedings in which the court makes a decision in favor of the mothers and thereby deprives the father of the rights to the child. Deprivation of a father's rights to a child occurs when:

1. Proof of lack of payment of alimony.
2. Proof of the father's absence in raising and caring for the child.
3. Confirmation of the above reasons by witnesses.

Cases from practice

But there are parents who try to annoy each other at the expense of the child and resort to a court decision to tighten the rules for communication and raising a child for each other.

As an example from practical activities, the following case can be cited:

Some time after the divorce, the ex-wife considered the rules of the contract and the demands of the child’s father to be excessive and put a ban on communication between the father and the child.

The child's father went to court to establish a solution to this dispute, but the only aggravating factor for him was living hundreds of kilometers from his son and ex-wife.

In this trial, the court decided in favor of the father and set the days for him to meet with the child, but the ex-wife did not like this decision, and she decided to stop communication between the child and the father completely. Due to the circumstances, the child’s father was forced to go to court again in order to bring the child’s mother to justice for failure to comply with the court decision.

After the child's father contacted a lawyer, enforcement proceedings were organized, according to which the child's mother was held accountable for non-compliance with the court decision.

If the trial turns out positively in favor of the father, then the most important points for its execution should be communication and meetings with the child.

This right must be implemented in a short time, since after a court decision in favor of the father, the child’s mother can turn the child against her ex-husband in order to overcome the child’s desire to see and maintain a relationship with the father, thereby causing rejection and hatred in the child.

The father must show the child his desire to communicate and participate in his life, despite the events that happened in the relationship between the parents.

The child should not feel disadvantaged in any way or experience discomfort from the feeling that the parents are not together now.

The main goal of parents after a divorce is to maintain friendly relations for the upbringing and growth of the child. If the relationship has failed completely and its restoration is impossible, then it is also not worth influencing the child and turning him against the other parent, you just need to give the child a feeling of comfort and security, give the child confidence that his parents need him.

Video consultation

Explanation on the topic in Nikita Petrov’s legal aid blog.

Source: http://razvod-gid.ru/razvod/posle/byvshaya-zhena-ne-daet-videtsya-s-rebenkom.html

What to do if your wife does not allow you to see your child if you are not divorced, after a divorce

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Many women use children to manipulate their ex-husband in order to obtain material benefits or to “annoy” their ex-husband.

Men become enraged by the intrigues of their ex-wife, which supports the woman’s feeling that she is in complete control of the situation.

Most often, the victims of women's intrigues to limit communication with their children are precisely those men who are not indifferent to the fate of their children.

Father's rights to a child before and after divorce

No matter what arguments the ex-wife uses, the Russian Family Code clearly establishes the equality of parents’ rights to raise children.

And these rights can only be limited by deprivation of court. Contrary to misconceptions, divorce is not a limitation of the father’s rights to the child.

According to the law, after a divorce, the father has equal rights and responsibilities with the mother. He has the right to take care of the baby, spend time with him, and participate in his upbringing.

The father also has the right:

1. See your children. Based on the norms of Art. 66 of the RF IC, neither the mother nor the father have the right to prevent the second parent from meeting the baby. If the parents cannot agree, the issue will be resolved by the court.
2. Change the baby's last name. If, when registering a birth, a child received his mother’s surname, at his request it can be changed to his father’s.
3. Learn about your children from their mother in a timely manner. He has the right to know whether the baby is healthy, where he lives, where he studies.
4. Travel outside the Russian Federation with the child with the written consent of the mother. If the mother refuses to provide such permission without reason, the father may file a lawsuit.

If not divorced

Most citizens believe that mom will take better care of the children than dad. And most fathers are not ready to take responsibility for the upbringing and guardianship of a child. There are also fathers whose communication poses a threat to the mental and physical health of the baby.

But those fathers who want to take part in raising a child, are ready to spend their time and money on their children, but who are prevented from meeting the child by their mother, should know what rights the father has and how to defend them.

Parents can independently agree and even draw up a schedule for visiting the father. But situations often arise when the mother, in violation of the RF IC, prohibits the father from seeing the baby even if the spouses are not divorced, but are temporarily living separately. Mothers justify such restrictions by the fact that the father gives little money to support the baby or by the desire to find a new father for the child.

Such a restriction of the father’s rights is obviously illegal and violates not only the rights of the man, but also the rights of the child.

Where to contact

In such a situation, the father has the right to contact the guardianship authorities at the child’s place of registration or the court. The application to the guardianship authorities is drawn up in free form.

It should contain the following information:

• personal data (full name, residential address of spouses and child);
• date of marriage registration (if the marriage took place);
• date of birth of the baby;
• statement of factual circumstances. The fact that you do not live temporarily, support the children financially, the spouse prohibits meeting with the children;
• please take action with the mother and establish a schedule for visiting the children;
• applicant's signature.

Important! When contacting the guardianship authorities, you should refer to the following articles of the RF IC: 61 (equal rights of parents in raising children), 66 (the right to participate in the raising of children of a parent living separately).

Read also: Low-income family in the Moscow region: what are the payments and benefits for 2020-2021

If the spouses did not file for divorce, but the father lives separately, and the mother restricts his rights to see the baby, the father has the right to apply to the court to protect his rights.

To do this, a statement of claim is filed to determine the place of residence and the order of communication with the child. But in practice, the number of such claims filed within a marriage is minimal - all litigation begins between spouses during or after a divorce.

After divorce

The Russian Family Code establishes equal rights of parents in relation to children, regardless of whether they live together or are divorced.

The parent (most often the father), who lives separately, has the same rights as the mother to communicate with the baby. And the second parent has no right to interfere with this.

You can solve the issue of meeting your baby with the help of:

1. Agreements with ex-wife. You can try to reach your ex-wife through peaceful negotiations and conversations. After all, every mother wants happiness for her children and does not want to cause psychological trauma that remains for life. You can make a schedule of dates or enter into an agreement, clarifying all the details. Alternatively, dad can pick up the children from kindergarten or school, or take them to his place for weekends or holidays;
2. With the help of a court decision on the procedure for communicating with the child. If the mother prohibits the father from seeing the children, a state executive (bailiff) can help the father. Of course, selecting a child for communication with the help of a state executor is a dubious pleasure, but the baby will see that dad is ready to do anything for a date with him.

Where to contact

If the former spouses fail to reach an agreement, the father can protect his rights in court. To do this, you should go to court with a claim and provide evidence (witness testimony, video and audio recordings). By court decision, the mother will be obliged to provide the father with the opportunity to see the children.

Important! Children over ten years of age have the right to choose who they want to live with after their parents divorce. If the child expresses a desire to live with his father, the court will take his opinion into account when making a decision.

The procedure for protecting the interests of the father

Failed negotiations with the mother are grounds for filing a lawsuit. Filing a claim is carried out in accordance with Art. 131-132 Code of Civil Procedure of the Russian Federation.

The statement of claim must contain information about:

• name and address of the court;
• personal data and contacts of both parents;
• personal data of children;
• names and addresses of the guardianship authority;
• a factual statement of the circumstances of the case and evidence of the applicant’s attempts to negotiate with the other parent about visits with the children;
• the applicant’s requirements and the proposed procedure for communicating with the child;
• signature, date, list of documents attached to the claim.

A competent lawyer is the key to success. He will help draw up a claim, collect evidence, and will also be able to represent the interests of the applicant in court.

At a minimum, seek a free consultation from our specialists directly on the website to receive prompt legal assistance. The sample claim below is provided for your reference.

It is almost impossible to independently draw up a statement of claim and take into account all significant circumstances without legal experience.

Procedure

The father must be mentally prepared for a long trial and listening to the mother's counter-arguments. After consideration, the court makes a decision in favor of the father or mother.

An approximate procedure for establishing a procedure for communicating with a child:

1. Negotiations with mother.
2. Contacting the guardianship authorities to record facts of violations on the part of the mother.
3. Preparation of claims and documents for court.
4. Participation in a court hearing and obtaining a court decision.
5. Execution of a court decision.

Important! If there is a court decision on the order of communication between the father and the children, but the mother continues to prevent such communication, compulsory measures to comply with the decision may be applied to her in accordance with Article 66 of the RF IC with the imposition of fines by bailiffs.

Such measures include:

• establishing a deadline for execution of a court decision;
• imposition of penalties;
• collection of enforcement fees.

Also, in the future, the father can raise the issue of the children living with him before the court and guardianship authorities.

Responsibility for violation of a court decision by the mother

If the mother refuses to comply with the court decision, the father can bring her to justice. To do this, it is necessary to record the fact of violation.

The father must, in the presence of the bailiff, ask for the child to be picked up according to the schedule. If a woman refuses, then a protocol is drawn up under Art. 5.35 Code of Administrative Offences.

The fine for the first violation ranges from 2,000 to 3,000 rubles. For a repeat – from 4,000 to 5,000 rubles. or arrest for up to 5 years.

A repeated violation is one committed within 12 months of the first.

Example. During the divorce, the couple decided that their three-year-old son would live with his mother. The father regularly pays child support as ordered by the court. She picks up her child from kindergarten on Friday, spends the weekend with him, and goes to the sea in the summer. However, three years later, the ex-wife decides to stop such communication, demanding a large amount from the father to support his son. It was not possible to come to an agreement with the mother.

The father filed a lawsuit to establish a schedule of visits with his son. The problem was that my father’s work involved business trips, and from time to time he was not home for several days. However, the court supported the father’s demands, and a decision was made to establish the days for the father to meet with his son.

As a protest, the mother completely stopped communication between her ex-husband and her son. The father was forced to re-write a statement to the court. With the help of a lawyer, it was possible to organize the forced execution of a court decision and bring the ex-wife to justice for obstructing the execution of the court decision.

Is it possible to take the child for myself?

Judicial practice shows that in most cases children remain to live with their mother. However, there is a category of parents whose living with them can pose a danger to the baby. Then the father has the right to sue his son or daughter.

However, in order to deprive a former spouse of maternity rights, it will be necessary to prove that she:

• does not raise the child, does not care for him;
• uses violence against children, forces them to beg, teaches them to use alcohol or drugs;
• has an alcohol or drug addiction;
• has a mental disorder;
• committed an offense against the life and health of children.

Important! When making a decision to establish the place of residence of children, the court takes into account the financial situation of both the father and mother. But the mother’s lack of a permanent job or the fact that she lives with her parents and is graduating from a university is not a basis for establishing the place of residence of the children with the father.

Having decided to sue the children from the mother, the father needs to calculate his strength - whether he can pay enough attention to them, and not shift the care of the children to the grandparents. Will she be able to combine her work schedule with child care?

Read more about who the child will stay with after a divorce.

If disagreements arise between former spouses, the legal process to establish a schedule for visits with children may drag on indefinitely. To clearly articulate his legal requirements, the father should contact a lawyer.

At the initial consultation, the lawyer will explain the procedure, draw up a list of necessary evidence, and develop a strategy for behavior in court.

In the future, the lawyer will help to correctly fill out the statement of claim, will represent the interests of the applicant in the trial, and will also help monitor the execution of the court decision.

We initially recommend contacting our lawyers online for a free consultation.

Remember that by protecting your rights, you are acting in the interests of children. Try to save them from parental quarrels and, if possible, protect them from negativity. And remember, the law protects the rights of all participants in family relationships. And the court will help resolve controversial issues.

• Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
• In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!

Therefore, contact our lawyer for a FREE consultation right now and get rid of problems in the future!

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Source: http://allo-urist.com/chto-delat-esli-zhena-ne-daet-videtsya-s-rebenkom/

What to do if your ex-wife does not allow you to see your child? Where to contact?

Most often, upon divorce, children remain with their mother. Trying to annoy her ex-husband, the ex-wife does not allow him to see the child, turning him against his father. It is not recommended to resolve conflicts through scandals and threats. This could lead to problems with law enforcement.

In the article we will look at what rights a father has, whether his ex-wife can prohibit him from seeing him, where a man can go to establish the right to participate in the life of a child, and how to resolve a conflict peacefully.

What rights does the father of a child have after a divorce?

Family law gives both parents equal rights in relation to children. After the termination of the marital relationship, they can take part in the upbringing of the minor, take care of his health, and support him.

Regardless of the wishes of his ex-wife, the father has the right:

• meet children;
• receive information about the child (about place of residence, health status, studies, etc.);
• take a minor outside the Russian Federation with the consent of the ex-wife;
• participate in children's education.

You should know! The rights to communicate with children extend not only to the father, but also to other relatives.

If children bear their mother's surname and decide to change it to their father's surname, she has no right to interfere with their wishes.

Can an ex-wife prohibit a father from seeing his child?

Article 66 of the RF IC establishes that the parent with whom the minor remains must not create obstacles to his meetings with the other parent. The exception is cases when this can cause harm to moral, mental and physical development.

Example. Artemyev M.Sh. filed a lawsuit against M.T. Artemyeva. about eliminating obstacles in communication with your daughter. He indicated that after the divorce the child remained with his mother. The defendant prohibits him from communicating with the minor. According to the conclusion of the guardianship authority, communication with her father is possible once a month for three hours until she reaches the age of three.

This will not cause harm to the physical and mental health and development of the minor. The mother did not provide evidence confirming that the child’s communication with her ex-husband was contrary to his interests. The court decided to determine the schedule of meetings every Sunday from 10 to 13 hours (Appeal ruling of the Supreme Court of the Republic of Dagestan dated 06.12.

2018 in case No. 33-6487/2018).

Important! If there are grounds for restricting meetings with the child, the mother must resolve this issue through the court. Otherwise, legal liability arises.

Source: https://glavny-yurist.ru/byvshaya-zhena-ne-daet-videtsya-s-rebenkom-chto-delat-kuda-obrashhatsya.html

My ex-wife won't let me see my child. What to do and where to go?

The rights of a father in relation to his child

The Family Code (Article 61) lists the rights that a father has regarding his child, regardless of whether he is married or divorced from his mother:

• participate in his upbringing;
• communicate with him regularly;
• have the same power of decision as the ex-wife in discussing issues relating to the upbringing of the child;
• participate in training: choose an educational institution, resolve related issues, pay for training;
• to be the legal representative of your child, speaking in his defense when resolving various issues with individuals and legal entities;
• receive information about the child from educational and medical institutions: from kindergarten, school, hospital and clinic.

Read also: Check the queue for kindergarten: Moscow region and Moscow

All these rights need to be known in order to protect them in the event that the ex-spouse tries to limit them.

Procedure for communication between a parent living separately from the child

The Family Code of the Russian Federation confirms the right of a father who does not live with the child to see him and actively participate in his life and upbringing. If such communication does not harm either the mental or physical health of the minor, the mother has no right to interfere.

If the mother refuses, certain measures may be applied to her, for example, her ex-husband has the right to file a claim in court. Also, if the mother is caught mistreating the child, the father can demand that custody be transferred to himself through the court.

For example, if it was possible to prove the mother’s alcoholism or drug addiction, regular beatings and unwillingness to provide for the child’s basic needs: feeding, clothing.

It is optimal to draw up a schedule of meetings between father and child in writing, agree on it and stick to it. For example, every second and third Sunday of the month will become fellowship days. The meeting plan should contain the following information:

• regularity of meetings (1-2 times a week, for example);
• duration of each meeting (several hours or a whole day with an overnight stay);
• the place where they are held (on the territory of the mother and under her supervision or on the territory of the father without the presence of the mother, but in the presence of his new wife or other people);
• conditions that may change the meeting schedule (for example, if a child is sick on the scheduled day or attends an outing, the meeting is rescheduled for the next time).

The father also has the right to receive information about his child from an educational institution (kindergarten or school) and from a medical institution (clinic and hospital). The refusal of teachers and doctors can also be challenged in court.

Why does a mother forbid her ex-husband to see her child?

A mother who does not allow her child to contact his father has her own reasons, which are important and respectful for her:

• She is offended by her ex-husband. Often the reason for divorce is infidelity, a man’s desire to leave his family and start a new one with another woman. The ex-wife feels insulted, so she tries to take revenge, using the child as a weapon of revenge and manipulation.
• The ex does not pay child support or pays it, but not in the proper amount. In such a situation, the wife thinks like this: if the father does not provide financial support to the child, then he does not deserve to communicate with him.
• The man is dangerous both for his ex-wife and for their common child. If, while married, the father beat and abused him, it is obvious that the mother will make every effort to prevent a continuation. In this case, it is necessary to enlist the support of lawyers and the court in order to have evidence of the man’s inadequacy.

Why shouldn't a mother prohibit meetings between a child and a father?

For the full development of a child, he needs both parents, even if they do not live together (provided that the man is psychologically stable and does not pose a threat). The child may miss his father, so a long separation has a negative impact on his health: appetite decreases, sleep is disturbed, and whims increase.

Also, such a restriction of communication violates the following rights of the child:

• the right to know both parents;
• the right to receive care and protection from both parents;
• the right to receive maintenance from both parents.

All these rights are spelled out in the Family Code and are therefore binding.

When is a ban on communication legal?

There are exceptional circumstances when communication between father and child is extremely undesirable:

• the father behaved aggressively during the marriage (it is necessary to provide evidence to the court and even deprive the father of parental rights);
• the father has bad habits (alcoholism, gambling, drug addiction);
• After the divorce, the father, during previous meetings with the child, turned him against the mother, psychologically influenced him (you need to provide the court with evidence: video recordings of communication or testimony).

All these cases need to be officially documented, because they threaten the health and even the life of the child.

How to fight?

The step-by-step instructions below will explain in detail what you need to do to see your child again, even if your ex-wife is categorically against it.

1. Get advice from a professional lawyer. This is not a mandatory, but desirable action, since it is much easier to act with the help of an experienced and knowledgeable person. If he makes a favorable impression, you can enter into an agreement with him for full support of the entire procedure.
2. Draw up a claim (sample below) and submit it to court. Even if a lawyer is nearby, only the father can submit an application on his own behalf. The claim can be either original or counterclaim if it follows the original claim of the ex-wife. This stage is very important, because it is from here that a man’s struggle for his rights begins. The claim should be accompanied by witness testimony, the result of the child’s preliminary communication with the psychologist, and a previously drawn up meeting schedule that was not followed.
3. Attend court proceedings. Lawyers from both sides, as well as guardianship authorities, are involved in the process. It is important not to turn it into a farce, a meaningless exchange of emotions, but to maintain order and remain calm.
4. Meet with the child if the court has ordered this. It is advisable to exercise your right as quickly as possible, without wasting time, because every day the child grows up without a father and forgets him. If, even after the court’s decision, the mother persists in her refusal, enforcement proceedings are carried out: information is collected in order to completely transfer custody of the child to the father, or otherwise influence the woman.

Sample statement of claim

The mother can use all means available to her to prevent communication between the child and the father, even if her action is contrary to the court decision:

• move to another city or another country with the child (or send the child with your closest relative) and not inform your ex-husband about this;
• do not open the door when the father or the bailiff knocks;
• at first express agreement and draw up a schedule of meetings, but then violate it, finding good reasons: the child has a cold, he is busy in sections, he is tired;
• turn the child against his father, tell him about his betrayal, so that he himself is against meetings;
• when communicating with a bailiff, lie that the man himself does not appear on the doorstep and does not want to communicate.

What responsibility does the mother face?

Article 66 of the Family Code describes measures that can be applied to a mother who continues to persist in her refusal despite the court's decision.

To begin with, a clear period of time is prescribed during which the mother is expected to comply with the order.

If she persists, full custody of the child can be transferred to the father, if the child himself does not mind (when he reaches the age of 10 years, his opinion about his fate is taken into account). A man has the right to turn to bailiffs for support.

The bailiff, at the request of the child's father, initiates enforcement proceedings. He explains to the mother her responsibilities and the consequences of failure to fulfill them. In a personal conversation, he establishes the desire of the child and the influence of the mother on him. If a child’s sharp reluctance to see his father is established, a child psychologist is invited to find out the true reasons.

Article 17.15 of the Code of Administrative Offenses of the Russian Federation reveals another measure of influence on the mother: the imposition of a fine in the amount of 1 thousand to 2.5 thousand rubles .

Conclusion

So, even after a divorce, the father retains all parental rights to the child, unless he is mentally stable and not dangerous. If the ex-wife prevents communication, the man has the right to go to court for help.

It’s best to create a meeting schedule immediately after a divorce and stick to it to avoid any disagreements. The father is also obliged to pay child support in full on time, so as not to provoke conflicts that could negatively affect the child.

Source: https://legal03.ru/byvshaya-zhena-ne-daet-videtsya-s-rebenkom/

My ex-wife won't let me see my child: what should I do?

In accordance with Article 7 of the Family Code of the Russian Federation, not a single member of the family, no matter what rights he is endowed with and no matter what interests he is guided by, should violate the rights and interests of other family members.

Thus, the father and mother of the child have equal rights in relation to their child, and therefore the negative attitude that arose between the spouses during the divorce should not interfere with the favorable upbringing of the common minor child, much less violate his rights.

In this article we will tell you: what rights does a father have in relation to his child? What to do if your ex-spouse does not allow you to see your child? What legal methods can a father use to influence his ex-wife? What liability can a mother be held accountable for preventing a father from interacting with a child?

Father's rights: legislative framework

In accordance with Article 61 of the Family Code of the Russian Federation, the father and mother of a common child are endowed with equal rights and responsibilities in relation to him. A parent, like a parent, is responsible for the physical, spiritual and financial development of his minor child.

In turn, the parent who lives with the child under the same roof does not have the right to in any way prevent the child’s father from doing this, i.e.

impose prohibitions on seeing, communicating, and financially supporting the child, regardless of the status of the relationship between them (marriage/divorce).

Thus, the father of the child (even if he is divorced from the mother) is endowed with the following rights in relation to his child:

• Participation in raising your child on an equal basis with the mother;
• Participation in the child’s education, in particular the choice of his education;
• Guardianship of a minor child, acting on his behalf (representation);
• Protection of his rights when interacting with individuals/legal entities. At the same time, there is no need to document the representation;
• Obtaining information about the child when applying to educational and medical institutions.

• At the same time, the list of father’s rights is not affected by the fact of separation from the child and his mother, nor by the nature of the relationship with them/one of them.
• The rights of the father can be limited only if their implementation infringes on the rights and interests of the child himself.
• If the ex-wife prohibits the father from interacting with their common child, this action violates a whole list of the rights of the child himself, namely:

• The right to know who his mother and father are;
• The right to receive their protection;
• The right to full education by both parents;
• The right to communicate with parents;
• The right to receive financial support from both parents.

Read also: How to take a child abroad without the father’s consent: step-by-step instructions

Ex-wife does not allow you to see your child: legal methods of influence

According to Article 65 of the Family Code of the Russian Federation, parents must resolve controversial issues regarding the upbringing of a common minor child peacefully, taking into account the opinion of the child himself. The frequency and duration of meetings between the father and the child can be agreed upon and recorded in the appropriate agreement.

If the parents cannot agree, the resolution of this issue goes to the court (district court).

Thus, today, a parent has two ways to influence an obstinate ex-wife:

• Concluding a written agreement with the mother on the procedure for communicating with the child (voluntary dispute resolution procedure);
• Applying to the court with a claim to remove obstacles in communication with a minor and establishing a procedure for communicating with him (compulsory procedure for resolving a dispute).

Let's consider each of them separately.

Drawing up an agreement on the procedure for communicating with the child

According to Article 66 of the Family Code of the Russian Federation, after a divorce from the mother of a common child, the spouse has the right to invite her to draw up a written agreement that will determine the procedure for his communication with the child.

If at the time of drawing up the document the child has already crossed the 10-year mark, then he has every right to take part in the process, expressing wishes regarding the frequency and duration of meetings and communication with his father.

An agreement on the procedure for communicating with a child must be drawn up in writing and then certified by both parents. Certification by a notary is not necessary.

The finished document should reflect the following points:

• The number of days per week/month/year on which the father has the right to visit the house of his ex-wife to spend time with the child;
• Visiting times;
• Duration of meetings;
• Meeting place/s;
• Duration of the agreement;
• Other information affecting the nature of meetings.

Going to court

1. If the ex-wife refuses to draw up an agreement and continues to put forward prohibitions on communication between the father and the child, he has no choice but to file a claim in the district court o on eliminating obstacles in communication with a minor and establishing a procedure for communicating with him.

2. Payment of state duty when filing such a claim is not provided.

3. The completed claim contains the following information:

• Details of the court to which the claim is being filed;
• Details of the plaintiff and defendant;
• Child details;
• Information about the guardianship and trusteeship authority;
• Reason for filing a claim (ban on meeting with a child);
• Documentary evidence confirming the father's words (for example, a recording of a telephone conversation);
• Legislative references indicating the liability to which the mother may be held if she continues to impose prohibitions on her ex-spouse in relation to their common child;
• Documentary evidence confirming that the father tried to resolve the situation peacefully by concluding an appropriate agreement with his ex-wife;
• Requirements for the court. Here a schedule of communication with the child is prescribed that would suit the father;
• Inventory of the attached documentation;
• Date of filing the claim;
• Personal signature of the plaintiff.

Sample statement of claim to remove obstacles in communication with a minor and establish a procedure for communication with him

Penalties for violating the order of interaction with a child

According to Article 66 of the Family Code, if the court approves the father’s petition, an appropriate decision is made, which the mother is obliged to comply with. If she refuses to do this, she may be prosecuted on the basis of the Civil Code of the Russian Federation.

Thus, according to Article 206 of the Civil Procedure Code of the Russian Federation, the following sanctions can be applied to the mother:

• The judge will approve a strict time frame within which the mother must comply with the previous decision;
• Change of the child's primary guardian, i.e. instead of the mother, who maliciously evades the execution of the court decision, the father will become the main guardian of the child, and then the ex-wife will have to arrange meetings with the child;
• Contacting the bailiff service with a demand to return the minor child. Upon the fact of the appeal, enforcement proceedings are initiated. The authorized employee notifies the mother of the possible consequences for her in case of evasion of the execution of the court decision.

During enforcement proceedings it is also established:

• Which parent would the child like to live with?
• What influence does the mother/father have on the child?
• Which parent is able to provide the child with maximum psychological, spiritual and material support.

• After studying the totality of factors, the bailiffs make the most optimal decision, which will meet, first of all, the interests of the child himself.
• If the child does not want to live with his father, showing a negative reaction and bias towards him, the decision will most likely be made in favor of the mother.
• In addition to the consequences described above, administrative liability may be applied to a negligent mother, during which she will be forced to pay a fine of 1 to 2.5 thousand rubles.

Source: https://2supruga.ru/razvod/byvshaya-zhena-ne-daet-videtsya-s-rebenkom-chto-delat.html

Does a father have the right to see his son after a divorce?

You recently had a useful article about how to prevent child support from being reduced and maintain your child’s standard of living after a divorce. But my situation is the opposite.

After the divorce, my son lives with his ex-wife, I carefully pay alimony, but the ex-wife is categorically against my son communicating with me and my relatives. It comes to swearing and fighting. I don’t insist on my rights yet, so as not to traumatize my son with scenes of parents’ quarrels, but this cannot continue indefinitely.

Persuasion doesn't help at all. What ways do I have to force my ex-wife to change her position and what are the prospects for going to court?

Best regards, Konstantin

The prospects for going to court, on the one hand, are joyful: both parents have an equal right to communicate and raise a child, so the court will confirm your right to see your son.

But there is another side: the amount of communication time that the court will establish and the conditions of the meetings depend on a large number of factors.

This is the age and state of health of the child, your state of health, the child’s attitude towards you, the previous amount of communication, the distance of your residence from your wife’s house, your financial situation and the arrangement of your home, your new marital status and your son’s employment in clubs and school.

• I'll tell you more.
• The child's mother does not have the right to prohibit the child's father and relatives on the father's side from communicating with the child.
• There is no need to pay state duty for such a claim.

The age of the child is perhaps the main factor. If your son is 3 years old and he is strongly attached to his mother, parting with her will be painful for him. Anticipating this, the court may order short meetings for you in the presence of your mother.

If your son is 12 years old, he is independent, has become attached to you and does not need to be provided with special conditions such as his favorite teddy bear on an orthopedic bed, the court may oblige your ex-wife to give you your son for all weekends and a month of vacation a year.

The health of the child and parents affects the very possibility of meetings.

If the child suffers from epilepsy or uses a wheelchair, and the father does not know how to act in a critical situation, the court will reduce the frequency and duration of meetings.

But my father’s medical education would be a plus under such circumstances. In the same way, serious health problems with the father, if the mother declares them, can become an obstacle to frequent communication with the child. This is especially true for alcoholism.

But the presence of allergies does not create obstacles to the child’s communication with his father and grandmother - for example, the Podolsk court decided.

The distance the parents live from each other also affects the court's decision. The time that the child will spend on the road depends on this if the court determines that the place of meetings with him is the apartment of the second parent - and this is inevitable when scheduling a long meeting.

For example, parents live in different parts of the city. The journey between their houses takes more than an hour with a transfer.

Most likely, regardless of the child’s age, the court will allow meetings only on weekends: the child should rest before the new school day, and not spend half the evening in transport.

In the Republic of Adygea, the father, grandparents asked the court to provide them with communication with little Artem one full weekend every month. The court decided that since relatives live in a neighboring region and traveling to them is expensive and difficult for a small child, it is the relatives who should come to Artem until he turns 6 years old. And after that it will be possible to take Artem to their home.

So before going to court, you should be ready to confirm that the meeting schedule you have chosen with your child does not harm him. For example, in a kindergarten you can get a certificate that you often picked up and brought your son to the group and you did not have quarrels with the child or problems with changing clothes.

At the school you can get a certificate that you went to parent-teacher meetings, were interested in your son’s academic success, and participated in school family competitions. It is worth obtaining a certificate from a mental health clinic and a drug treatment center stating that you are not registered with them.

You can also calculate in advance how long it will take to get to your home.

The child’s attachment to each parent is taken into account by the court in all cases: the father is allowed to see the baby only in the presence of the mother, and the schedule of communication with the teenager is built based on the child’s wishes. For example, a teenage girl may refuse to communicate with her father if he does not pay child support, and as a result she does not receive the things that her classmates have.

The level of affection between parent and child can be confirmed by a large number of joint photographs from different years, testimonies and even drawings by the child, where he drew a joint fishing trip or to the zoo. The other parent, in turn, may have evidence of his ex-spouse’s abuse of the child.

An interesting situation was considered by the court of the city of Orel. Dima’s mother asked to change the order of communication between her son and his father, previously established by the court, so that in the future all meetings would take place in her presence. Reason: the child was crying and did not want to go to his father.

An expert psychologist found that the mother spoils her son and does not forbid him anything, while the father tries to raise his son.

As a result, the court preserved the father’s right to meet with his son without the presence of his ex-wife, and the expert gave both parents recommendations on parenting.

The court takes into account that if a parent holds a leadership position, then he has something to teach the child. But such a parent may not have enough time. If he lives with his parents, that's a plus.

In the Kabardino-Balkarian Republic, the guardianship authorities received a negative description of the father at his place of residence and made a conclusion that he could not take his preschool daughter home overnight.

But the court took into account the opinion of the girl’s mother, who communicates with the child much more often than the guardianship authorities. She talked about the good relationship between dad and daughter.

As a result, the court allowed the father to take his daughter for a full weekend twice a month.

The marital status of the parents after divorce also matters.
It is important what kind of relationship the child has with his mother’s new husband or his father’s new wife. I’ll tell you about the very first case in my practice about determining the order of communication with a child in favor of the father.

Dad had the following arguments: he claimed that his daughter had a good relationship with his new wife and half-brother. The witnesses were the girl's grandmother and aunt on her father's side. They showed them photos together and said that the girl was very interested in spending time with them.

Although initially the father’s demands to determine the order of communication with his daughter were counter to the mother’s claim for deprivation of parental rights, everything ended well for the father: he and his new family received the right to see the girl.

The more suitable documents you have, the more favorable an impression you will make on the court and guardianship authorities. And the greater the chance that you will be able to get more time to communicate with your son.

Parents are not chosen, but when determining the order of communication between parents and children, judges decide how worthy the parents are of their children.

If you have a question about personal finance, rights or laws, please write. We will answer the most interesting questions in the magazine.

Source: https://journal.tinkoff.ru/ask/pokazhi/