The order of communication with the child: the rights of parents and other relatives. What to do if the ex-wife does not allow you to see the child

Divorce is a test for everyone, but the most vulnerable side of family confrontations are children.

After the termination of the marriage bond, living in the area of one apartment is impossible, and parents must decide where and with whom the offspring will remain.

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

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call the numbers below. It's fast and free!

What are the rights of a parent who lives separately from the child?

Since, in accordance with Art. 61 RF IC, mother and father in relation to children, then the change of residence does not change anything, and the parent living separately not only has the right, but even is obliged to participate in the maintenance and upbringing of offspring.

The parent living separately from the former family has the right:

communicate with the child, educate him;
demand information from a school, clinic, etc. certificates or information about the state of educational affairs or health;
spend holidays with your child;
to see and communicate with relatives on the line of the parent living separately;
participate in providing for children.

How can you agree on the order of communication with the baby?

Mom and dad stopping life together, may draw up a written agreement on the order of communication with children.

The paper is drawn up in free form, the main thing is that the days and hours are written in it, as well as the place where the meetings will be held. Both parents sign the document.

This document should be prepared before the start of the trial.

Restricting or prohibiting a child from communicating with a parent living separately is a violation of the law and can lead to a well-deserved punishment.

Circumstances to consider

When determining the circumstances of the child's pastime, dear to both ex-spouses, must be taken into account:

schedule parent living separately;
the need to deliver the baby to the place of training, preparation for school, etc. (coordination in the interests of the offspring of their joint actions);
child lifestyle(do not make an appointment during the hours when the child is sleeping or doing sports, studying);
the behavior of the parent during communication with the child (whether he sets the child against the mother);
Are meetings with a parent harmful to the baby? who buys treats that are harmful, in the opinion of the mother, etc.

It is impossible to take into account and indicate everything in the agreement, but there is an option to constantly keep in touch by phone and voice your requests without turning them into a scandal.

Resolution of the issue in court

Without coming to a common denominator, dad and mom leave the settlement of the issue of the mode of communication at the mercy of the court. The court will take into account all the characteristics of the parents, certificates of wages, about the availability of housing, permanent work, its mode (shift work, duration of shifts, availability of days off, etc.).

Not the last role is played testimonies from neighbors, teachers or kindergarten teachers about the family.

If the child has reached the age of 10 years, then he will be asked in court where and with whom he wants to live.

The only pity is that not always his opinion is sincere and based on truthful moments. The fact is that the baby is upset by divorce, scandals, and can announce his decision to spite his ancestors.

The court decision will state on what days and for how long a parent living separately has the right to communicate, and conditions for his return home, the other parent.

Participation of guardianship authorities in this matter

Guardianship authorities have complete picture for all families in their area, they are well aware of the basic circumstances. It is the representatives PLOs are obliged to submit their proposals by the beginning of the court session.

For the court, the opinion of the workers of the PLO will be decisive, since the representation of these bodies is required precisely in order to represent and defend the interests of children in court.

When is a forensic psychological examination required?

If one of the former spouses believes (it is desirable that this opinion is not subjective) that the other is inadequate in his behavior, as he has mental problems, then at the request of the court, a forensic psychological examination may be ordered.

Only a specialist psychiatrist can draw a conclusion corresponding to the truth about the presence of deviations in a person, and in the presence of a disease and determining the degree of its severity, it will be issued decision on the possibility of communication of the offspring with this parent.

Liability for non-execution of a court decision

If the court decision has entered into force, which usually happens after 10 days, then this decision is subject to unconditional execution.

When it becomes clear that one of the parties does not comply with the court decision, then bailiffs should be involved(precisely the bailiffs, and not the PLO), for the enforcement of a judgment.

Responsibility for non-execution of a court decision is regulated by clause 3. Art. 113 of the Federal Law "On Enforcement Proceedings", which in practice means the imposition of a fine.

In fact, the legislature left unpunished those who decide not to comply with a court decision regarding the place of residence of children.

Can a court dismiss a communication claim?

The court may refuse to decide on the order of communication if one of the parents:

comes to a meeting with a cub in an indecent form(drunk or in a state of narcotic influence);
beats a child, compels to bad deeds;
misbehaving or illegally, etc.

In these and other cases where minor child moral or physical harm may be inflicted and no benefit, communication with the estranged parent may be completely prohibited.

Judicial practice on this issue

Situations in the courts are considered very different, there is no single recipe.

Example 1

Citizen E., who lives separately from his family in another city, when determining the mode of communication with his 6-year-old daughter by the court, put the question of the possibility of export to summer period child to the city where he lives.

The court found it possible allow the daughter to stay at the place of residence of the father not only for 1 month, based on the interests of the girl (since the divorce had just taken place and the child was still under a negative impression, living for more than 1 month without a mother in an unusual environment was considered unacceptable).

Example 2

Considering the schedule of visits of a 7-year-old boy with a separately living father, the court granted the father's request to allow him to see his son once a week in the evening and twice a month - on weekends in the afternoon.

The Court considered such a schedule possible and realistic. However the mother's demand that the intercourse take place in the presence of the grandmother was rejected: supervised communication would affect the sincerity of feelings and conversations.

Example 3

The court was approached by the mother of an 8-year-old boy who, by decision of a divorce litigation, spent 2 hours on weekends with his father living separately.

During one of the dates, the boy's aunt accidentally saw how the father of the child drank alcohol in the park of culture with his acquaintance in the presence of the cub, and after the remarks, he began to shout insults at his mother and her sister (witnesses to the ugly scene).

Communication with the son was limited by the court in that they could only take place in the presence of the mother.

It is not necessary to assume that a court decision after a divorce is issued once and for all. If circumstances change, then a lot can change, and a new lawsuit filed by the father or mother may turn out to be the opposite in essence.

Parents who are concerned not with the manifestation of their ambitions, but with the fate of the baby, will strive mutually resolve problems without taking them to court.

Spouses and their minor children remain to live with their mother. But this does not mean at all that it receives a pre-emptive right in relation to them.

Family law secures equal rights and obligations for parents not only in the maintenance of common children, but also in their upbringing. From which it follows that the father in no way not limited in the right to communicate with their children. The main thing - there would be a desire.

But our life is full of paradoxes. And this issue is no exception. It often happens that the mother of the children is not against their communication with the father, and in every possible way contributes to this, but he does not show any interest and avoids meeting with them. And it happens the other way around - the father wants to communicate and see his children, and ex-wife prevents this by various tricks.

In such cases, the law is on the side of the father. And it works, first of all, for children. After all, it is important for them to contact both parents, regardless of their relationship.

The right of the father to communicate with the child after the divorce

Cases related to disputes regarding a child are not under the jurisdiction of a justice of the peace. That's why statement of claim filed with the district court at the place of residence of the defendant (mother) and must contain requirements for the timing, frequency and place of meetings.

Citizen R.'s wife left, having moved with her underage son to live with her mother in another city, from where six months later he received a court decision to dissolve the marriage and collect alimony. Now R. wants to demand in judicial order the right to meet and communicate with the child. Due to the distance, he cannot personally file a claim in the city of residence of his ex-wife, and therefore is interested in how to act in this situation.

Since the issue concerns a child, the case falls within the jurisdiction of the District Court. The lawsuit is filed at the place of residence of the defendant, that is, the ex-wife. To do this, the plaintiff does not need to go to another city. The application can be sent by post and indicate in it a petition so that the case is considered without his presence.

However, citizen R. should be interested in a positive outcome for him, namely, in choosing the place and time of meetings with his son, so we recommend that he attend the court session in person, or send a representative in his place, having issued a notarized power of attorney for him.

In this case, you will not need to pay the state fee when filing a claim, since according to paragraphs. 15 p. 1 art. 333.36 of the Tax Code when considering cases on the protection of the rights and legitimate interests of the child claimant is exempt from paying the said fee.

In the trial, in addition to the parties to the case, there must be guardianship representative as a third party. Judgment is usually based on the approval of that body. meeting and communication schedule father with a child, as well as factors such as:

the reputation and moral qualities of the father, confirmed by a reference (certificate) from the place of work (residence), testimonies of witnesses;
the need for such meetings and the impact of communication on the full development of the child;
conditions in which it is planned to spend time with the child.

By setting the order of communication, the court warns the parties of the consequences of non-compliance with their decision. Regarding the mother, in addition to the fact that moral damages can be recovered from her for her systematic failure to comply, and a fine is imposed by the bailiff, the court has the right to consider the issue of transfer of the child to the father.

Time of communication between father and child after divorce

Immediately, we note that the legislation does not contain any restrictions on how much time a father spends with a child. However, in cases where the mother is against their communication and the father has to seek meetings through the courts, then time frames are set such dates.

Since everything depends on the employment of the parties, their residence in different places, a specific schedule is drawn up based on the combination of these and other factors, but first of all, taking into account the desire and ability of the child, which we have already paid attention to.

Father needs time for communication in order to exercise your parental rights on the upbringing of the child and participation in his formation and development as a person. At the same time, the father must realistically assess his capabilities, taking into account the workload at work and, possibly, a new marital status.

When determining the time and frequency of meetings, it is important that child's age. This is due to the fact that babies with a long absence of a father tend to gradually forget about his existence. Therefore, when it comes to young children, their time with a parent who does not live with them should be as frequent as possible.

The timing of communication depends largely on child's attachment to each of the parents, the daily routine and the interests of all the listed persons. It is clear that the time allotted for the father to stay with the child cannot exceed the time he is with the mother. But, nevertheless, the father should demand closer and longer contact with the child, especially on weekends and holidays, as well as spending a joint vacation with him.

At the same time, the main factor remains that such communication goes for the benefit of the baby or teenager, and for the father it does not become a burden and duty.

How to limit the communication of a child with a father after a divorce?

Not all spouses after divorce can maintain normal relationships, even for the sake of children.

Sometimes it happens that in cases where the father does not intend to just give up the relationship with the child, he begins to put moral pressure on him, set him against the mother, etc. After such meetings, the child returns home irritated, in a state of overexcitation, which is not at all desirable for his mental health.
There are other cases when the father begins to be irresponsible to fulfill their parental responsibilities, meetings turn into a formality, the child becomes bored, and he begins to act up. And the father, not knowing how to calm him down, from his impotence raises his hand against him. Then the mother, in order not to injure the psyche of the child, has the right to apply to the court with a demand limit his communication with such a father. This right is provided for in Art. 73 SC.
The reason for applying to the court with this requirement may also be the inappropriate behavior of the father associated with the use of alcoholic beverages, insulting the mother in the presence of the child, etc.

The listed facts must be stated and specified in the statement of claim, as well as necessarily confirmed by weighty evidence.

Questions from our readers and answers from a consultant

I divorced my wife four years ago. In marriage, we had a son who, after a divorce, remained to live with his mother. All this time I regularly paid alimony for his maintenance, spent time with him on weekdays and on weekends. Last year, my son and I went to the seaside.

Everything changed after the second marriage of the ex-wife. Her new husband does not approve of our meetings with the child, so they practically stopped. I can not come to terms with this, but I do not know what I can do in this situation?

You need to apply to the district court at the place of residence of the former spouse, the mother of your child, with a statement of claim to determine the procedure for communicating with your son. It is advisable to collect an evidence base not only about the payment of alimony, but also about your participation in raising a child until the moment when his mother remarried.

Art. 66 of the UK contains provisions that give you the full right to communicate with your son and participate in his future fate, and also provide for measures to influence the mother if she interferes with this.

But first, nevertheless, try to resolve the issue in a good way, talk with your ex-wife and try to convince her of the benefits of such communication, first of all, for the child himself.

My ex-wife, in general, does not interfere with my communication with my daughter. However, our meetings always take place together. The mother of the child motivates this by the fact that the girl is still very small, since she is only three incomplete years old. And I want to spend more time with my daughter, leave her at night at least on weekends.

Can I do something in such a situation? Does the law determine the age of the child until which communication with him must take place in the presence of the mother?

If the parents have a conflict over the order of communication between the child and the father, then the dispute is resolved in court with the involvement of a representative of the guardianship and guardianship authority. Each party offers its own vision of resolving this issue and gives the court arguments in favor of its claims.

In each individual case, when making a final decision, the court proceeds from the specific features of the case, taking into account all the circumstances - from the lifestyle of the parents and the daily routine of the child to his age, gender, health and mental state.

Your situation is complicated by the fact that, firstly, you have a girl, and secondly, you are still too young in age. Therefore, most likely, the court will take the side of the mother, and for now you will have to meet with your daughter in her presence.

The divorce of a married couple in the presence of minor children always raises a rather painful question - with whom their offspring will live. Moreover, it is decided only through the court, and if a settlement agreement is not concluded between the parents, it is the judge's verdict that becomes the basis for determining the subsequent place of residence of the kids.

On what reasons may force the court to transfer the children to the father and how this can be avoided family law Elena Boytsova.

Equal rights of parents to children - truth or myth?

Article 54 of the Family Code of the Russian Federation states that every child has the right to live and be brought up in a family. But in case of divorce, he must stay with one of the parents.

If a settlement agreement has not been concluded between the spouses regarding the “sharing” of children, then their dispute is resolved by the court, based on the interests of minors and taking into account their opinion.

When making a decision, the following is taken into account:

the age of the child;
his attachment to each of his parents, brothers and sisters, and relationship with each of them;
moral and other personal qualities of parents;
the possibility of creating conditions for the child's upbringing and development (type of activity, mode of work of parents, their financial situation, etc.).

However, the judicial practice in the Russian Federation has developed in such a way that in most cases the court takes the side of the mother, “by default” leaving the children with her. The rights of fathers are practically ignored. So, statistics show that about 94-95% of divorces end with the fact that the children are awarded to the parent. This is due to the widespread belief that the mother has a stronger emotional connection with them, is more responsible and psychologically better prepared for raising babies.

However, not all fathers agree with this position, and can defend their position in court. And to achieve a positive result if they manage to collect the evidence base - the results of examinations, testimonies of witnesses, etc.

For what reasons can the court hand over the children to the father?

The decision to leave children after a divorce from a father is, frankly, atypical for Russian reality: only 5-6% of cases out of the total number of court decisions.

What can affect the verdict in favor of the father:

When a mother is unable to take care of children due to mental health, health or lifestyle reasons;
Regular manifestation of aggression against the child, physical and mental abuse by the parent;
Maintaining an immoral, asocial lifestyle by the mother;
Lack of a place for her to live with children;
Lack of funds for their maintenance.

All arguments must be supported by evidence: certificates from government agencies and medical institutions, characteristics, expert opinions, testimonies of witnesses and others.

What can mothers do to defend their rights

Sometimes the spouse, angry with the circumstances, does everything possible to sue the children. I can also use illegal methods - falsification of documents and the results of examinations in order to prove the wife's insanity, collecting negative feedback about her with neighbors, etc. Situations are common when a husband hires a sly lawyer to prove that the mother is breaking the law.

In such cases, it is necessary to order an examination from independent experts and submit its results to the court. It makes sense to get a positive review from the place of work, to enlist the testimony of witnesses (neighbors, teachers at school, etc.) that she is fulfilling her parental responsibilities, to make a certificate of income, to collect documents on the ownership of the apartment. It would be useful to attract people who are ready to confirm that the spouse is not involved in the upbringing of common children.

If the child is 10 years old, the court interrogates him on an equal basis with adults, specifying with whom he wants to stay during a divorce - and without fail takes into account his answer. Children under the age of 10 are interviewed by representatives of guardianship and guardianship authorities.

Right to communicate

Even if the child remains with the father by court order, this does not mean that the mother loses the right to communicate with him and participate in his upbringing. The father is obliged (with the exception of cases of a threat to the life and health of the baby) to provide the ex-wife with the opportunity for such meetings. To avoid scandals, parents have the right to conclude a written agreement on the procedure for exercising parental rights by a mother living separately from the child. If an agreement is not reached on this issue, the order of communication will be determined by the court.

Deprivation of parental rights

However, the problem can go so far that the question of depriving the mother of parental rights in relation to her minor children will be raised before the court. If this happens, it is important to know that the process is reversible, and rights can be restored. To do this, you need to submit an application to the district authority at the place of residence of your husband, indicate in it on what grounds you apply for the restoration of parental rights, and attach documents that will confirm your words. With a positive verdict, the court decision comes into force one month after consideration.

The right to see the child . We have been practicing law in Moscow and a number of districts of the Moscow Region since 2007. If you have a problem or just don't have time to solve it, please contact us, we will help. Call or use the right to an on-line consultation.

Father's right to see the child

Inalienable right of fathers and children. To deprive a father of such a prerogative as the right to see a child can only be mothers pursuing goals determined by themselves, or under the influence of some kind of long-standing resentment. There are no other explanations. The complexity of this category of cases lies in the fact that if the father could not exercise his right to see the child for a long period of time, the child could simply forget him (more precisely, lose the need for communication). Therefore, the right to see the child must be exercised by the father immediately.

Father's right to see the child- can only be limited by the court. Even in the case of determining the order of communication between the father and the child on the days established by the court, the right to see the child remains with him in the remaining days. Especially if the child wants it...

Where does the protection of the father begin if his father is violated?
the right to see the child?

Protection of the father, if his right to see the child is violated, begins from the moment when he himself decided to start fighting for his rights: for the right to communicate with children, for the right to take part in their upbringing, for the right of children to live with their father. A lawyer in such disputes is a specialist who must competently draw up and correctly present procedural documents, competently organize and direct the process so that the right to see the child is realized by the father. We offer the following algorithm of legal actions:

Lawyer's consultation - the first thing with which the participation of a lawyer in cases when the right to see the child for fathers is exercised. During the consultation, it is necessary to establish the range of problems and the actual prospects of the alleged statement of claim. Based on the results of the consultation, if there is a real judicial prospect in the case and this prospect suits the father, an agreement on legal assistance is concluded, after which the judicial stage of solving the problem begins.

Drawing up and filing a statement of claim with the court from which the fathers themselves begin to defend their right to see the child or a counterclaim from which the father begins to enter the process on the mother’s claim to protect his rights and the rights of children. A statement of claim, as well as a counterclaim, is very important stage protecting the right to see the child, especially when it comes to the interests of the father;

Accompanying the case in court. Protection of the right to see the child takes place with the involvement of guardianship authorities. The participation of a lawyer, as mentioned above, makes the process itself a process, and not a set of emotional remarks. Organization of enforcement proceedings.

Selected cases from practice

We were contacted by the principal upon dissolution of his marriage at the request of his wife. The marriage was annulled, the principal agreed with the child living with the mother and voluntarily assumed the payment of alimony. However, the mother of the child began to violate the right to see the child for our principal, in connection with which, he was forced to apply to the court to determine the procedure for communicating with the child in order to exercise his right to see the child, at least during the hours established by the court and days. The court took the side of our principal and determined the days the child lived with him, almost as indicated in the statement of claim (they demanded exactly half a week for communication, the court determined several hours less). The decision came into force, but the ex-wife, by her actions, refused to grant the right to see the child to the father. In this regard, the issue is resolved within the framework of judicial enforcement proceedings. The court that made the decision is the Zhukovsky city of the Moscow region. The decision has entered into force, enforcement proceedings have been initiated.

We were approached by a principal whose right to see the child was violated by the mother of the child. As part of the judicial review of the case, the reason was established - the appearance of a cohabitant with the mother of the child, as well as her dissatisfaction with the amount of alimony paid (25 percent by virtue of the Family Code of the Russian Federation). During the trial, the opinion of a child who was not yet 10 years old was obtained, but the court found it possible to examine his opinion at the suggestion of the guardianship authorities. The child confirmed the owl's desire to communicate with the father and recognized his right to see the child. The court, satisfying the stated requirements in full, not only satisfied the almost three-day period of communication between the father and the child during each week, including one day off, but also satisfied the requirement to transfer 50 percent of the amount of alimony to the child’s current account opened for him by the father. That is, the mother of the child, previously dissatisfied with the amount of alimony, now receives even less in her hands and is forced to feed herself in a different way than through alimony. ex-husband. And the child has enough money to support him. Court - Tushinsky district of Moscow.

Once again, it can be pointed out that the right to see the child must be exercised as quickly as possible due to the daily growth and development of the child, as well as due to the natural suggestibility of the child, who can be offered information about what a bad father he has, who allegedly abandoned family in difficult times, etc. The fantasies of procedural opponents are not limited ...

Our work on the topic:

The right to see the child

Our assistance on the issue of "The right to see a child" is a qualitative formation of a legal position with the development of tactics and methods of dispute, taking into account the possible consequences of each method. The following is the preparation of procedural documents; submitting them to the appropriate authorities; conducting cases in court and other state bodies. Each stage of the work is controlled and led by your lawyer.

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Legal advice on division of property

Regardless of whether the parents live together or separated, whether they were officially married or civil, the interests of the child are a priority. Sometimes it happens that in family disputes about who has more rights to communicate, the rights of the child are forgotten. If it is impossible to agree among themselves, the determination of the order of communication is established through the court. In order for parents living separately to act competently, without harming their child, you need to know some rules.

The right to communicate with the child in terms of the Family Code and other laws

Initially, the communication of a parent living apart from the child depends on where the child lives. The interests of children in such cases are established on the basis of the Family Code.

A parent living separately from the child has the right to communicate with the child, participate in his upbringing and resolve issues of the child's education.
The parent with whom the child lives must not interfere with the communication of the child with the other parent, if such communication does not harm the physical and mental health of the child, his moral development.
Article 66 of the Family Code of the Russian Federation

With which relatives the child has the right to communicate

Regardless of the relationship between the parents, the child always has the right to communicate with other relatives, if this communication does not cause harm (physical, psychological).

The child has the right to communicate with both parents, grandparents, brothers, sisters and other relatives. The dissolution of the parents' marriage, its annulment or the separation of the parents does not affect the rights of the child.
Clause 1, Article 55 of the Family Code of the Russian Federation

On the same basis, an incapacitated parent may meet with a child if it does not cause any harm. An unreasonable ban on communication is illegal.

How to establish communication after a divorce

It is clear that the fact of divorce does not cancel the mutual rights of parents and children to communicate. And it’s good if the parents forgot about personal gain, resentment and ambition, if only the child was well. But sometimes the relationship of the former spouses is gaining such momentum that the child finds himself in very unfavorable conditions. However, disputes and scandals do not always lead to mutual understanding, and sometimes, on the contrary, aggravate the situation. Therefore, following the Family Code, the order of communication with the child can be established in two ways:

by entering into an agreement;
through the court.

Ways to resolve disputes in matters of communication are indicated by the Family Code and some federal laws:

N 98-FZ of 04.05.11.
N 57-FZ dated 12/30/15.
N 49-FZ of 04/24/08.
N 317-FZ of November 25, 2013.
N 358-FZ of November 28, 2015.

Who can ban visits of a child with relatives

By law, no one can prohibit close relatives from communicating with a child. The opinions of any of the relatives (even the mother) do not matter. And if the parties could not conclude an agreement, then for a decision controversial situation you can go to court. For example, a mother allows a child to see his father, but is categorically against communicating with his grandmother (because she is bad). In this case, the grandmother can go to court. The Family Code will not take the side of the mother's statement, and the court will make a decision based on a specific case that violates the rights of the child.

The guardianship and guardianship authorities join the proceedings. They delve into the nuances of the current situation in detail and can influence the final decision of the court.

If the parties have not reached a mutual agreement, then the parent who prevents the child from communicating with other relatives may be held liable, up to the transfer of the child to the second parent.

Video: the rights of parents and children to communicate when living apart

Determination of the order of communication with the child

In matters relating to the procedure for communicating with a child, the parties have rights and obligations. Thus, close relatives have the right to communicate with the child, the child has the right to receive education and maintenance from parents and to communicate with relatives. And parents have responsibilities: to support and educate the child and not interfere with communication with relatives.

Written settlement agreement of parents

If the parents do not have reasons for an acute conflict, they can agree amicably and, if necessary, draw up an agreement on the procedure for communicating with the child. The agreement may be written by hand. The law does not regulate the preparation of such documents. Therefore, the parties can decide for themselves which issues and in what order to prescribe in it. The main thing is that the interests of both parties and the child are indicated in the document. If this is an agreement between the parents, then, at their discretion, they can include the issue of maintenance (alimony) there.

The agreement must contain:

name of the agreement (agreement or settlement agreement);
passport details of both parties;
complete information about the child;
the essence of the agreement (with whom to communicate and in what order);
the rights and obligations of the person with whom communication is supposed;
details of the order of the proposed communication (holidays, weekends, etc.);
the issue of taking the child to another country (for example, during the holidays in Turkey);
liability in case of violation of the agreement by the parties;
other conditions (termination of the agreement, force majeure, etc.);
date and place of signing the document (required place of signing, not drafting);
signatures of the parties.

If this is an agreement between the parents and it contains a clause on alimony, then such a document is notarized. In the future, this agreement will have the force of a writ of execution.

The nuance when drawing up such a document: if the child is already 10 years old, the parties must take into account his opinion.

How to achieve appointment ordering through the guardianship service

If the agreement could not be drawn up voluntarily, the interested party may apply to the guardianship authorities. A meeting will be scheduled at which a decision will be made with a schedule of meetings that is binding on both parties. And only in the case when the requirements specified in the decision are violated, you can go to court.

For example, a mother is against communication between a child and a father. The father tried to negotiate a voluntary agreement, but did not find understanding, and he had to contact the guardian service. At the meeting, the commission for the protection of children's rights approved a certain schedule, but the mother did not like it either. In order not to bring the case to court and in the interests of the child, the commission's specialists can convince the mother to accept this schedule, citing weighty arguments.

Video: what to do if the wife took the child and does not allow the father to see him

Appeal to the court in the presence of disputes and jurisdiction of cases

Cases that are related to the determination of the order of communication are not subject to the magistrate's court. In such cases, you need to apply to the district court at the address of the defendant. However, if it is not possible to come to another city, the statement of claim can be sent by mail to the address of the court at the place of residence of the defendant. It is advisable that this be a registered letter with a notification in a plastic envelope. Inside the envelope, along with the claim, you need to put an inventory of investments.

It is important to attend the court session in person, even if you are from another city. The arrival from afar will be regarded by the court as interest and worries about the child. In matters of children's rights, the courts often pay attention to any nuances.

Rules for filing a claim and a sample statement of claim

The following persons have the right to file claims on the procedure for communicating with a child:

a parent who lives separately;
a parent who lives with the child but wants to establish a communication pattern with the other party;
a close relative who is prevented and denied contact with the child.

The following documents must be attached to the claim:

copies of the claim;
a copy of the marriage certificate (if any);
a copy of the child's birth certificate;
characteristics (from the place of work or residence);
information about the complainant's free time schedule (for example, work schedule or schedule);
other documents (for example, income statement, awards, etc.).

Filing such a claim will be free of charge, there is no state duty.

Plaintiffs are exempted from paying the state fee in cases considered in courts of general jurisdiction, as well as justices of the peace - when considering cases on the protection of the rights and legitimate interests of the child.
subclause 15 clause 1 article 333.36 of the Tax Code of the Russian Federation

Objection to the lawsuit on the order of communication with children

If you are the defendant and do not agree with the requirements specified in the claim, you can file an objection. For example, you received a letter from the district court, in which a copy of the claim. It states that the defendant does not accept money and interferes with communication with the child. If you disagree with part of these statements, an objection is a way out.

However, situations sometimes arise when the defendant does not have time to properly prepare an objection and have to put up with a subsequent decision. In this case, you can file a motion to postpone the date of the hearing due to the fact that you did not sufficiently study the claim and the attached documents (this is done quickly). The court will postpone the hearing and you will have time to prepare properly, buying time to collect documents and file an objection. If the case is full of many subtleties and complexities, it is advisable to contact a lawyer for drafting.

How to determine the order of communication during the trial

An application for a temporary order of communication with a child must be submitted in cases where:

the issuance of a judgment is delayed for a long time;
the judgment has not entered into force.

For example, the case is complicated by some factors and it became clear that the decision would be made in 2 months (or a petition was filed to postpone the date of the hearing). In order for parental rights to be exercised by both parties during the trial, such a petition can be filed. Most often, the court examines the requirements of each of the parents and offers a third option, but it's worth trying anyway.

Schedule of communication with a child after a divorce

The schedule of communication with the child is a mandatory attachment to the statement of claim and the application for a temporary order. The court must compare the schedules of both parties in order to make an objective decision. For example, the father requires meetings with the child during the weekend (Saturday - Sunday), and the mother attached a certificate from the pool to her schedule (schedule: Tuesday, Thursday, Saturday). The court compares the schedules and sets the days of meetings with the father: Tuesday and Thursday.

In the graph, you can indicate approximate or exact dates. But you should also think about spontaneous meetings in advance. For example, a mother once a month makes a purchase of groceries. At this time, you can allow the father to pick up the child. It is also important to indicate the conditions of communication in the schedule. If these are calls, then the method of making them (carrier, gadget used). For example, mobile communication through a phone is convenient, and dad makes video calls to a computer, which is inconvenient for mom. If this is a meeting, then where and under what conditions.

In case of serious disagreement, you can contact a lawyer.

The law does not provide for any restrictions on the duration of visits with a child. But if one of the parties is against communication and the order is appointed by the court, then you have to adapt to this order. When deciding on the time of meetings, the court takes into account the following:

convenience for both parties (working hours, distance of residence, etc.);
child's desire
the age of the child (small children may gradually forget a parent whom they do not see for a long time);
whether communication does any harm to the child;
so that the time of communication with the father does not exceed the time of being with the mother.

How to challenge a court decision

Courts of first instance do not always deliver an objective verdict. In this case, you can file an appeal. It is filed in the same court that made the decision, and he sends the claim to a higher court. The law allocates a month for this from the moment the resolution is issued. The dissenting parent also has the right to file a counterclaim.

Video: restriction in parental rights

Changing the order of communication with the child after a court decision

Many parents who are not satisfied with the communication schedule do not know that the order established by the court can be changed. Like the first establishment, this can be done peacefully and through the courts. For example, parents have been divorced for 5 years, a seven-year-old child lives with his mother, everyone is used to the established schedule. But then the mother got married a second time and moved with her child to a new husband (in another district of the city). The schedule ceased to suit both parents, and by phone they were able to agree that now dad picks up the child not every week for 1 day (on Sunday), but twice a month, but for two days (Saturday and Sunday), so as not to waste time and strength for frequent trips.

However, if for the first time the parents established this order through the court, then most often the change will take place in court.

Reasons for changing the order of communication with the child:

changing the living conditions of the child;
change of educational institution by the child;
disease;
important circumstances of parents (for example, business trips);
other reasons.

To make changes, you need to draw up an application to the same district court according to the type of statement of claim on the procedure for communication. It specifies the previous order and the changes you want to achieve. This is supported by arguments and evidence (certificates from schools, business trip orders, etc.).

Rules for visiting a child by a father during a divorce

After a divorce, the father, who lives separately from the child, still has the rights:

to see and communicate with the child;
participate in the upbringing, maintenance and development of the child.

The father does not need special permission to visit the child. However, the father does not have the right to invade the private territory of the former spouse, forcibly take the child without the consent of the mother and inflict any harm on him (offend, cause physical harm, psychological trauma, etc.). There are no restrictions on the age of the child, but it is important that any communication be with the consent of the mother.

For example, the child is two years old, the father came to take the baby to him. The mother, in order to avoid violation of the rights of the child, did not interfere. When the child was brought home in the evening, it turned out that he had not been fed and his face was tear-stained. Of course, next time she will be against such meetings and will insist that the dates take place in her presence.

Video: family disputes about the order of communication with the child

What to do if the father violates the order of communication with the child

If the court made a decision on the order of communication, the mother does not have the right to arbitrarily interfere with meetings and conversations. Sometimes it happens that the father violates the established order, provoking conflicts. In cases where the mother, succumbing to a provocation, forbids the child to see the father, the latter has the right to file a lawsuit for violating the order by the mother. But the mother, of course, can file a claim.

It is difficult to achieve change in such cases, the court will not take into account phrases like "He does not care about order." There are little tricks to help you achieve what you want. The situations that the father provokes should be fixed. For example, save an SMS message stating that he did not care about orders, record a dialogue in which he threatens on a voice recorder, carry out a telephone conversation on speakerphone in the presence of a witness, etc. If there was a serious delay in transferring a child to you, you can contact to the police with a statement. Fortunately, you have court documents in your hands. In the future, all this evidence will help win the case to change the order.

In case of failure to comply with the court decision, the measures provided for by the legislation on administrative offenses and the legislation on enforcement proceedings are applied to the guilty parent. In case of malicious failure to comply with the court decision, the court, at the request of a parent living separately from the child, may decide to transfer the child to him based on the interests of the child and taking into account the opinion of the child.
Clause 3, Article 66 of the Family Code of the Russian Federation

Arbitrage practice

Claims to establish or change the order of communication are almost always satisfied (in whole or in part). For example, a grandmother applied to the court to establish a procedure for communicating with her grandson, since the father of the child prevents meetings, and the mother is serving a prison sentence. The court, having studied all the materials (including the degree of relationship), satisfied the claim.

When deciding on the procedure for communicating with a child, the courts take into account the conditions that relatives (including the grandmother) can provide for the upbringing and development of the child

Most often, when making a decision, the courts are guided by what conditions the child can expect. For example, after a divorce from her husband, the mother prevents communication with her grandfather, who, in turn, filed a lawsuit. The court studied the materials of the case and, despite the fact that the child's father suffers from chronic alcoholism and does not have a sense of responsibility, satisfied the grandfather's claim. The fact is that the living conditions of the plaintiff and the defendant are very different. Mom and child live in a communal apartment, solely due to the help of relatives and alimony, and grandfather has a large house, a garden, a good material base for the development and upbringing of a child.

Therefore, the financial side of the issue is often of great importance. Rarely are courts guided by the quality and moral education can be given by relatives living separately from the child. For example, the court restricted communication with the grandmother, who is the holder of an academic degree and an activist in a public organization. The court did not take into account how the grandmother can help (participate) in the upbringing of the child due to insufficient material resources (she lives in an old hostel, the room is 16 m 2).

Video: the court takes the child from the mother and hands it over to the father

Communication with two children

The order of communication with two (or more) children is determined in the same way and on the same grounds as the order of communication with one child. The only difference is that the court takes into account not only the statements of the parents and the interests of the child, but also the interests of all children. This most often results in a court decision in favor of the children and the mother. Therefore, in case of disagreement regarding the order of communication, it is advisable to choose a course of action, as a result of which a voluntary agreement will become possible.

In practice, it happens that two (or more) children are involved in disputes related to property issues. But in this case the court rather accept mother's side. For example, a man went to court with an application to establish a procedure for communicating with two children. During the trial, it turned out that the father registered his shares of the apartment for these two children, in which the mother (the legal representative of the children) and children began to live. It also turned out that a dispute arose between the former spouses about the apartment, the door locks were replaced by the defendant. The court refused to satisfy the claim of the man, since they did not properly present arguments, and there was an interest in the property issue.

So, the order of communication with the child is established peacefully and through the court. If it was not possible to agree amicably, you need to file a lawsuit to establish a communication procedure. It is not necessary to set the child against the other side, it is not in his interests. The child has the right to communicate with all relatives, if it does not harm him. But each situation implies the presence of many nuances, and in case of doubt, you can always contact a lawyer. The main thing is that all actions regarding the order of communication should be performed solely in the interests of the child and for his good.