My husband and I are divorcing. When we were married, we lived in my husband’s apartment, but now I’m moving to my own living space. This process will be complicated by the need to resolve the issue of how to discharge the child from his father’s apartment and register him with me. The operation, of course, is feasible, but it will require additional time, documents and knowledge of certain legal norms. After reading this article, you will receive competent, written in accessible language answers to the following questions regarding the discharge:
- Where should I go if I need to discharge and register my child in a new home?
- Stages of the operation;
- Required documents;
- Is it possible by law to expel a minor from an apartment?
- How to correctly register a child if you want to move to live in another city?
Main legal provisions
Registration of a minor differs from the same operation carried out with adults.
The rights of young children are carefully protected by the state, modern legislation and supervisory authorities!
Guardians and parents of children whose age does not exceed 14 years are required to know all the features of the process of registering minors in another residential area. It is important to write this out and then immediately register the minor so that his rights are not violated.
If you need to carry out such an operation, you should be mentally prepared for the fact that additional documents will be required. They will have to be obtained from special organizations that provide guardianship for minors.
If you study the conditions and requirements for registering children and the procedure presented in the article, you can avoid many mistakes and save time.
How to do it?
To get your child both an extract from the previous address and a registration at the new address in one go, you need to stock up on a set of papers , find out the reception hours and choose the institution that provides accounting services that is closest to the new home.
During reception hours, a single window with a responsible employee will receive the service applicant.
On behalf of a child under 14 years of age, his legal representatives are the parents (Part 1 of Article 64 of the RF IC), and it is they who must appear before the official carrying out accounting actions.
Read our articles about whether it is possible to deregister children without the mother’s consent, whether a father can deregister a minor child after a divorce, and also about how to deregister a child when selling a home.
Grounds for re-registration
Small children must be registered where their parents or guardians appointed by the guardianship department are registered!
The need to change your registration may arise in the following common situations:
- Sale of an apartment.
- Exchange of living quarters.
- Change in marital status, for example, divorce of father and mother.
The specifics of the re-registration procedure depend on the status of the residential premises, the form of ownership and the fact of the child’s participation in privatization.
What does the law say?
A child under the age of 14 is a citizen like everyone else, only due to his infancy, he does not yet have a passport, so the child’s registration and termination of registration are mandatory .
The double registration procedure for a child who has not yet celebrated his 14th birthday is quite legal, this is exactly what is written in paragraph 133 of the Administrative Regulations for Registration Services, approved by Order of the Federal Migration Service of the Russian Federation dated September 11, 2012 No. 288 (as amended on January 19, 2015 ).
You can learn from our articles about how issues of deregistering a child are resolved if he is or is not the owner of an apartment, as well as whether a grandmother can deregister her grandchildren from her home.
Procedure for discharging a minor
If the child is the official owner of a share of the residential premises, the deregistration operation will begin with an application to the city guardianship organization. The following documents must be provided here:
- Information about the general composition of the family. It is taken at the passport office;
- A real estate purchase and sale agreement, an exchange agreement, or a previously concluded mortgage agreement. If a mortgage has been issued, the agreement must first be certified by a notary;
- Papers confirming the ownership of real estate;
- Technical passport for residential premises;
- Identification documents for the minor and for parents/guardians.
Guardianship staff carefully check the documents provided and make an agreed decision based on them. For it to be positive, the following conditions must be met:
- The living conditions for the child in future housing should be no worse than the previous ones.
- The share written out, expressed in square meters, is no less than for the previous registration.
- An adult has equivalent or better housing. It must be registered as property.
- An extract is not made if the housing is in social rent and to the parent, who is the owner, but a co-owner of the square meters.
A positive decision made by the guardianship staff makes it possible to discharge the young resident and register him immediately in a new place. The address registration procedure itself is carried out according to the standard scheme.
If the child does not have a share in the apartment, his deregistration will be carried out without guardianship. An exception is the removal of a minor from municipal housing.
General information
Since the Russian Federation is a rule of law state, socially weak categories of citizens are under its special protection: disabled people and children.
The responsibility to protect the rights and property interests of children lies not only with
parents, but also at a special government body - the guardianship council. The council was created to ensure that the child is socially protected from illegal actions of strangers and even parents.
One of the requirements of the Civil Code is the rule that a child must live with one of the parents (Article 20).
At the same time, guardians and adoptive parents are equal to the status of parents.
Also in Russia there are rules for registration/discharge, which were developed by the Government and approved back in 1995 by Resolution No. 713.
You cannot violate the requirements of the Rules, otherwise it may result in trouble: the child’s discharge, as well as the sale or exchange transaction itself, may be cancelled.
Where does registration take place?
The registration of citizens is carried out by the official territorial division of the department dealing with migration issues.
You can personally contact the territorial office, having first used the online service and join the electronic queue. You can use one of the alternatives:
- Passport office to which the management company is attached. This organization is convenient because you will immediately receive a certificate of family composition. You will be able to pick up completed documents with the new registration stamped from the passport officer. It is absolutely not necessary to come to the Main Migration Department of the Ministry of Internal Affairs of the Russian Federation in person.
- MFC. You will need to come here in person at a predetermined time. This organization acts as an intermediary between the registration organization and the citizen. The advantages of this method include the ability to check submitted papers and the complete absence of queues.
- Government services. To carry out an operation through this portal, you will need to ensure that you have a personal account. You must fill out the forms provided and wait for the invitation sent by email. The advantage of this method is that in one visit you can get two stamps - an extract and a registration.
Regardless of the method chosen, the minor is registered where his parents or designated legal guardians are registered.
Required documents
It will not be possible to remove a child from registration and immediately register him at a different address without preparing and collecting documents. The result directly depends on the completeness of the collected papers, especially if the operation is carried out through guardianship. Here are the basic certificates without which it will be impossible to discharge a minor:
- An application drawn up according to the form presented on the website of the Main Department of Migration Affairs of the Ministry of Internal Affairs. Parents must sign it;
- Personal documents of family members – child certificate and adult passports;
- Paper on ownership of an apartment or house;
- Registration certificates for both housing;
- An apartment map or house book, in which the necessary registration marks will be placed.
Territorial organizations working with migration issues have the right to require other documents. A list of them can be found in the passport office; you can contact the guardianship staff for help.
No parents or refusal
If a child does not have a mother or father, deregistration and registration are carried out in accordance with current legal requirements. The law states that a child is registered only with a parent (one or two). If it is planned to sell real estate owned by a child (in whole or in part), the approval of the Public Organization is required. In situations where parents live apart for a long time, permission from the other parent is required. From the above, the conclusion suggests itself that the re-registration of a minor from place to place without parents is prohibited. An exception is made for situations where discharge and registration occurs with the involvement of an official guardian. In this case, the process occurs in standard mode.
If a minor refuses to be removed from the property, the judge cannot make a decision “by force” in the absence of other housing. This applies to all the cases discussed above.
Registration in another city
The main condition for registering a minor in another city is the ownership of an apartment there!
The young resident is guaranteed to be discharged from the municipal apartment to his parents’ own home. At the same time, registration of minor residents in a municipal apartment from a privatized apartment is impossible.
There are several options for action on the issue related to the registration of a minor. You will have to act through the passport office, the MFC or the city department for migration issues.
Experts recommend going through simultaneous actions related to discharge and new registration. This process is much easier to carry out at State Services.
Another option is to deregister the minor at the previous address directly in the city where the family moved. Here you won’t have to waste time visiting the migration service at your previous address.
Hispanic girl with hostile parents
Documents for a young resident must be submitted in the city of arrival strictly within one week after arrival. The date will be confirmed by travel documents. There is no state fee for registering minors. Registration rules are the same for all citizens, regardless of the city or town where they live.
Forced discharge of minors
The rights of the child are very carefully protected by modern legislation. It is impossible to discharge a minor “on the street.” But there are several situations when a minor can be forcibly discharged.
A minor can only be discharged without following certain established rules through the courts!
This directly applies to those life cases when the child was registered separately from the parents. For example, the owners of the apartment are close relatives of the minor’s family.
After purchasing a new home, the family moves, but leaves the children's registration in the relatives' apartment. To remove minors from their apartment, owners must go through the courts. The judge will make a positive decision if the parents' housing is suitable for the children. This condition is strictly observed.
Another important rule is the registration of a young resident at the address of his parents’ residence. It must be strictly observed until he reaches adulthood. If the parents have suitable conditions for the child to live, other options will be considered.
It is difficult to say exactly what the solution will be in this case. Each case is individual, it all depends on many factors.
Difficulties you may encounter
The process of discharging a child from the father’s apartment may be delayed under the following circumstances:
- There is no consent from the guardianship authorities;
- The child refuses to register with the mother (the opinion is taken into account if the son/daughter is over 14 years old);
- The mother's living conditions are worse than the father's;
- One of the parents does not consent to the procedure.
In all these cases, you will have to contact the judicial authorities . The court considers each specific case individually. When making a decision, the interests of the minor are primarily taken into account.
Judicial order
To go to court on the issue of removing a child from his father’s apartment, you will need to collect a package of documents. So, the following should be attached to the claim:
- Parents' ID cards.
- Child's documents (passport, birth certificate).
- Certificates of ownership.
- Guardianship approval (if any).
In addition to the main documents, the application can be supplemented with materials confirming the plaintiff’s position. To file a claim, you will have to pay a fee of 200 rubles (a receipt for payment is sent along with the application). The period for consideration of papers does not exceed 30 days , after which a date for a meeting is set, where the issue of the legality of the child’s removal from the father’s living space will be decided.
