Determination of the child’s place of residence and the procedure for communicating with the child upon divorce by the parents, or “division of children”

Stage seven. We receive a court decision and a writ of execution.

The court decision in full (i.e. with the motivation part) must be prepared within 5 days from the moment the decision is made at the court hearing (this period, as a rule, is also violated, and the decision can take a week or even a month to prepare).

After receiving the decision in full, the persons involved in the case have the right to appeal the judicial act to a higher authority; this is given one month. As a rule, the appeal process itself can last a couple of months.

If the decision is not appealed, or the higher court leaves it unchanged, then the plaintiff can receive a writ of execution. Usually, courts of general jurisdiction issue writs of execution without any application from the plaintiff. But just in case, we advise you to submit it through a court expedition. .

Stage four. Submit an application

Option No. 1. The statement of claim is submitted via mail.

The application is sent by letter with a declared value (usually 1 ruble) and notification of delivery

Note! Guardianship authorities also participate in the process where the place of residence of children is determined. You must send a letter to the court that contains copies of applications for guardianship, as well as copies of attachments.[/vc_message][vc_column_text]Option No. 2. Submission through the court expedition.

To do this you need to print:

1. A copy of the application for you (court staff will mark it)
2. A copy of the application and applications for the court
3. For the defendant
4. For the Guardianship Authority(ies)

Normative base

According to paragraph 2 of part 2 of Article 24 of the Family Code of the Russian Federation, the court determines which parent the children will live with after the divorce. However, the Family Code does not contain clear criteria for making such a decision, so it is necessary to focus on judicial practice.

Back in 1998, the Plenum of the Supreme Court of the Russian Federation adopted Resolution No. 10 (“On the application of legislation by courts in resolving disputes related to the upbringing of children”) - this Resolution is still in effect today.

The Supreme Court also played a certain role in clarifying this issue by adopting Review of Judicial Practice No. 4 in 2015. In this document, we are interested in section No. 3.

Stage three. We draw up a statement of claim to determine the child’s place of residence.

Situation one. You are dissolving the marriage and at the same time making a demand for alimony and determining the place of residence of the children.

Situation two. The marriage was dissolved, the children live with the other parent.

These situations do not have any fundamental differences, except that in the first case you will need to pay a state fee for divorce (600 rubles). Read how to form cavitation for state duty here. The Civil Procedure Code contains in Article 131 a list of requirements for filing any claim

The Code of Civil Procedure of the Russian Federation also contains a list of requirements in Article 132 for the attached documents:.

Stage Six. Court hearings

To begin with, it is worth saying that you, as a person participating in the case, have certain rights. The list of these rights is enshrined in Article 35 of the Code of Civil Procedure of the Russian Federation

Please note that most likely there will be not 2 or 3 court hearings. The documents did not arrive from any state. authority at the request of the court, then the defendant is ill and asks to postpone the hearing. By the way, the defendant may deliberately delay the process. According to the Code of Civil Procedure, civil cases must be considered within two months from the date of acceptance of the application, but in practice, such disputes almost always last at least 6 months.

If you are not ready to waste your time or are afraid to defend your rights on your own, it is better to contact a lawyer.

How is a settlement agreement regarding the residence of children approved?

The judge examines the terms of the agreement and, if they do not violate the rights of minor children and other persons, approves it. The agreement is approved by the judge issuing a ruling, which also duplicates all the conditions.

From the moment the ruling comes into force, it is equivalent to a court decision and can be enforced if one of the parties ignores the agreements confirmed by the court.

Example. If, in addition to the place of residence, the parties decide to determine the fate of alimony, they are obliged to be guided by the provisions of the RF IC. If the alimony agreement is specified in an amount less than what the child could receive under the law, the court will not approve such a document.

Stage one. Collection of evidence

As we have already found out, in order for the court to leave the child with you, you need to convince him that your cohabitation is the best option for the CHILD.

1. Income. A common misconception: “I earn more, so the children will stay with me.” No, that's not true. More precisely, income is not a determining factor for the court, but with the right argumentation, it can serve as a trump card.

What can you provide?

1. Certificate of income in form 2 personal income tax
2. Bank account statement
3. Rental agreement for premises, if you receive money from the rental of your property
4. Documents confirming income from securities, intellectual property;
5. Other evidence

Important! You must provide information about your income carefully and carefully, because if the court leaves the child with the other party, this evidence will be used against you to make a decision on the amount of child support.

2. Documents characterizing you as a person. You need to show the court what you are like as a person.

1. Education documents;
2. Characteristics from the place of work;
3. Certificates
4. Documents on additional education, courses

Note. If you are preparing for a divorce and you have enough time and resources, it is worth enrolling in various courses in psychology and cooking in order to have additional evidence for the court.

3. Witness testimony. The court will not perceive them as the main argument, but they can be used for the overall picture.

1. Grandparents, other relatives. There is a bias here, but it is important that they can confirm that they are ready to help in raising the child, both financially and, for example, by taking them to school or kindergarten. They can also confirm that you are raising your child appropriately.
2. Teachers, coaches, tutors. You can ask these persons to become your witnesses and ask them to confirm that you are interested in the child’s success in school, clubs, and additional sections.
3. Other witnesses. For example, parents of children with whom you walk with your child.

Important! Witness testimony must be truthful, and the witness is criminally liable for giving false testimony.

4. Documents confirming living conditions. This point can be attributed to material wealth, but it is somewhat broader.

1. Firstly, when deciding on the child’s place of residence, the guardianship authorities inspect the parents’ place of residence to determine its suitability for the child to live and give their opinion. Accordingly, you need to prepare the apartment for such an inspection. Remove dangerous objects, install plugs for sockets, overhead corners (for small children). Provide a place for the child to rest and develop.
2. You can submit documents to the court confirming the availability of the necessary infrastructure. These could be banal printouts of routes on Yandex Maps to a kindergarten (school), tutors, classes, or relatives.

Note! If the court initially decides that it is undesirable for the child to live with you precisely because of living conditions, you will be able to file a second claim if you improve these conditions.