Quite often, situations arise when, in the event of a parental divorce, in a civil marriage, or in other life circumstances, a minor must be registered at the place of registration of his mother without the actual participation of the biological father in this. Usually, controversial issues are not resolved quickly, sometimes there are even threats and pressure from the other parent or its complete absence, and it is advisable not to delay the registration of even a newborn, so as not to have to pay a fine and experience the troubles associated with its untimely registration .
Therefore, the child’s mother needs to know the basic rules of how to register a child without the father’s consent, so that no one can mislead her in the future.
The legislation of the Russian Federation, the Civil and Family Code establishes that a minor under fourteen years of age must be assigned to the place of registration of his parents (guardians) and live with them.
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It is important to take into account that the consent of the owners of the living space in which the parents (or one of the parents) are registered for the registration of their children (guardians) is not required by law, regardless of the square meters and the number of residents.
Also, according to Russian legislation, a minor can be registered at the place of registration of either parent, if their registration does not match. Any parent has the right to complete such registration. In this article we will figure out whether it is possible to register a child with the mother if the father does not agree to this.
Up to what age should you register?
A newborn child should be registered no later than 7 calendar days after the issuance of a document recording the fact of birth by the civil registry office. Read more about how long after the birth of a child he needs to be registered in an apartment, read here.
under 14 years of age live without registration beyond the established period, penalties will be applied to the father and mother in the amount of 2,000 to 2,500 rubles . (Article 19.15 of the Administrative Code).
Current legislation emphasizes that a child must be registered with one of his representatives according to the law (Article 20 of the Civil Code of the Russian Federation, Article 65 of the RF IC). Accordingly, it is possible for children to be registered in the home where one of the parents is registered. Read more about how a newborn child is registered in an apartment after birth, and you can find out how to register a child at the place of residence of one of the parents here.
The need for registration arises for a number of reasons:
- The appearance of a newborn in the family;
- Moving a family to a new place of permanent residence;
- Changing the place of stay of legal representatives with children for a period of more than 90 days;
- Permanent movement of the family associated with the performance of official duties by parents (FMS order No. 288).
Government Decree No. 713 divides registration into legal and fictitious.
The right to carry out legal registration is vested exclusively in the Federal Migration Service. You can apply in person, by mail or through online resources.
Registration using the MFC and the State Services portal
Many citizens use the opportunities provided by multifunctional centers and the online portal of State Services. With their help, it is much easier to obtain a certificate of registration of a child at the place of residence. The algorithm of actions for registration using the MFC will be similar.
The State Services portal allows you to register a minor with minimal time investment. This is due to the fact that the application in the prescribed form is submitted electronically, and the Main Directorate for Migration Affairs invites the citizen to submit it at a specific time. Due to such features, it is possible to avoid long waits in queues, which is the main problem in these institutions.
The registration procedure through State Services is as follows:
- The citizen registers on the portal and logs in using his username and password.
- Opens the “Electronic Services” category, where in the “GUVM Ministry of Internal Affairs” section you should select the service of registration at the place of residence.
- Clicks the “Get service” button and fills in all the fields related to information about the applicant and his child in the pop-up window.
- Waiting for an invitation to the GUVM in electronic form for a specific date and time.
- Visits the GUVM department, taking with him the documents necessary to complete the procedure.
How to register a child at the place of residence through State Services - more details in the video
A week after submitting the application and providing the relevant documents, the child will be registered at the place of residence.
When is it necessary to register a child in an apartment?
2 situations oblige parents to draw up this document:
- Registration of a minor until they reach 14 years of age with one of their legal representatives, if the father and mother are registered in different real estate properties;
- Registration at the place of residence of a child who has received a passport, in housing in which none of his legal representatives are registered (you can find out whether a child can be registered separately from his parents and without parents here).
In what cases is it necessary from both guardians at once?
It is recommended that both guardians complete all powers of attorney for children . But the law most often mentions that one signature is enough.
But there are cases when the consent of the second parent is necessary. For example, when traveling abroad. Permission must be issued from both persons if the accompanying person is not a representative of the child.
If a minor plans to cross the border, for example, with his mother, then consent from the father is not required. There is only one case when consent from the pope is required: if he previously announced (officially) his travel ban. Then mother needs to get permission from father . In other cases, the mother can travel with the child without the father’s consent.
But this only applies to temporary trips. If you plan to move to another country, then consent from the other parent is required.
Also, increasingly, medical institutions require the consent of both representatives. By law, decisions regarding health must be made by parents jointly, so the consent of both helps resolve a lot of controversial issues (Federal Law No. 323 “On the protection of the health of citizens in the Russian Federation”).
For example, if the mother agrees to vaccinations, but the father does not, then the issue should be resolved within the family. Consent drawn up in advance would help resolve this issue.
Is the father's or mother's consent required?
A statement confirming that there are no objections to the child’s registration is required if his legal representatives are registered in different apartments .
When choosing a place to register a minor, you should first of all be guided by the interests and observance of the legal rights of the children. If the father and mother do not come to an agreement on this issue, then it will have to be resolved in court by filing a claim to establish the child’s place of residence.
There is also a nuance: a citizen who has reached the age of 14 can obtain registration in a home in which his legal representatives are not registered, but this also requires their consent (clause 118 of the Administrative Regulations).
Identification methods
Certification of the permit is carried out:
- Notary.
- A doctor.
- Parent or guardian.
Any power of attorney can be certified by a notary; this is not prohibited by law.
But this is not always necessary.
A doctor may certify permission to provide medical services.
In addition to the doctor, a lawyer can also provide assurance.
Permissions are certified by parents and do not require official notarization. The guardian's signature is a means of verification.
Is the owner's consent required to register a child?
Registration of children at the place of registration of the father or mother is possible without the consent of the owners .
If one of the parents is registered in the apartment, then he has the right to register the minor with him.
This rule is regardless of whether the closest relative (adoptive parent or guardian) has the right of ownership or right of use.
Download a sample consent to register a child at the parent’s place of residence
You can find out whether it is possible to register a child without the owner’s consent to an apartment and how registration of a newborn is carried out here.
Legal issues
How to change a child's registration after a divorce?
During a divorce, there is a situation where the child and his mother are registered with the father, but the man demands his ex-wife to leave the apartment.
If a woman agrees to change her place of registration and move out with her child, then she needs to: - decide where the new registration will be; — deregister mother and child at the same time; — register and register the child no later than 7 days from the date of deregistration.
If the child remains to live with his father, then there is no need to remove him from the register.
Do I need to confirm my child’s citizenship when changing registration?
When registering a child, the passport office may request citizenship documents.
This confirmation depends on the age of the child. Previously, the passport office issued a special form that confirmed citizenship. Then they put a mark on the birth certificate. Currently, such marks are not provided. If the birth certificate indicates that the parents are citizens of the Russian Federation, then additional confirmation of citizenship is not needed.
If the child has reached 14 years of age, then his citizenship is confirmed by a passport.
How to obtain temporary registration of a child when parents divorce?
To obtain temporary registration for a child, you do not need to obtain the consent of the second parent.
Therefore, the parent with whom the child lives has no choice but to submit his documents for temporary registration. Note! Registration of temporary registration does not entail a change in registration at the place of residence.
What are the benefits of registering a child in the father’s apartment after a divorce?
Consider the situation: mother and father divorced.
They decided that the child would live with his mother. But after the divorce, the child remained registered in his father’s apartment. I would like to clarify right away that this does not mean that registration is not synonymous with property rights. The child has no rights to the apartment.
He simply retains the right to reside in it. But the child retains the right to live in the father’s apartment even if he is registered in another place.
What does registering a child in the father’s apartment provide:
— parents can put their child on the waiting list for a municipal kindergarten at the place of registration; — parents can get a place in the school at their place of registration; - only the father can apply for benefits and allowances for the child.
Does the mother have the right to live at the place of registration of the child after a divorce?
This question cannot be answered unambiguously.
Let's consider the options: 1. The children are registered with their father and live with him. In this case, the mother cannot move into the apartment without the consent of the owner. 2. The children are registered with their father, and the apartment is municipal. In this situation, the consent of the father of the children to move in is not enough. It is necessary to obtain consent from all citizens who are registered in this apartment, even if they do not actually live in it. In addition, the consent of the municipality must be obtained. 3. The child is the owner of the apartment in which he is registered. In this case, the mother has the right to move into the apartment to live with the child. To do this, parents must decide that the children remain with the mother. And if agreement on this issue is not reached, the mother can move in only on the basis of a court decision.
Is it possible to register a child under 14 years of age with their grandmother?
A child under 14 years of age can only be registered with a grandmother or any other place together with one of the parents. Even if the grandmother fully agrees that her grandson will be registered with her, the passport office will refuse registration.
Is the consent or permission of the father necessary for the child to register with the mother after a divorce?
If the parents or the court determine that the children live with their mother, then additional consent is not required.
What is needed for registration?
To register in residential premises owned by third parties, parents provide a package of documents, including the consent of all owners of the residential premises .
The owner can issue to parents:
- Temporary registration at the place of stay (commonly known as temporary registration);
- Permanent registration at the place of residence (in colloquial speech - “permanent registration”).
Obtaining written consent from all homeowners for the registration of an adult is a guarantee of respect for human rights enshrined in the Constitution.
Service cost
Since 2005, the registration procedure has been carried out completely free of charge, without paying any fees. However, such a statement is true in cases where the child has Russian citizenship. Otherwise, a fee of 350 rubles will be charged.
If the registration deadlines specified in the legislation are not met, a fine of 2,500 rubles may be imposed on parents. It is important to take into account that when a child is registered in municipal housing, he is automatically allocated a share of the premises on an equal basis with other persons registered there. Privatized housing does not provide for such an opportunity and only allows the child to live on the territory of such an apartment.
Extract from the Unified State Register of Individual Entrepreneurs confirming ownership of the apartment
How to write consent for a child’s registration? Sample
With the exception of other documents required for registration and in the case of minors provided by their legal representatives, consent does not have a regulated form and can be written in any form .
However, the established form must contain all the necessary elements:
- A clear indication of the registration authority to which the consent is sent, and information about the initiator of the application (name, passport details);
- Below in the middle of the line is the word “statement”;
- Please register the child with one of the parents, indicating his name, date and place of birth, data on the birth certificate in connection with the absence of objections from the second;
- Date and signature of the applicant.
Despite the absence of a legally approved form, a sample of the completed consent is usually presented on a stand at the FMS office, which facilitates the task of the person applying for registration for children.
Download a sample application for child registration
Step-by-step instructions: how to draw up a document?
The general appearance of all powers of attorney is the same. Notary marks are placed at the bottom of the page (if necessary).
- Any permission begins with the word “power of attorney” . The word is written in the center of the sheet with a capital letter. There is no period at the end.
- Compiler's details . The block begins with the pronoun I. Then the passport details, registration, date of birth are indicated.
- Attorney details . The block begins with the word “trust.” Data is indicated in the genitive case.
- Child details . The block begins with the words “I trust my son to accompany my daughter.” The genitive case is used.
- Basic information . Here you need to indicate which rights are trusted.
- Requisites . Date of signing, validity period, signature of the originator.
Documents for obtaining permanent registration of a child
To obtain permanent registration you will need the following documents:
- Identity card (passport);
- Certificate of legal registration of the fact of birth - for citizens under 14 years of age or a passport - for persons from 14 to 18 years of age;
- Petition (form No. 6).
Parents, being the legal representatives of a child under 14 years of age, fill out an application for him and submit documents in person or through the MFC. Once you reach the age at which a passport is issued, it is not possible to obtain registration on the basis of a birth certificate.
The closest relative, who is unable to personally be present at the registration of the child, provides consent and a copy of the passport, certified by a notary .
If one of the child’s parents is a citizen of another country, then documents with an apostille translated into Russian are added to the list:
- Copy of the passport;
- Permission from one parent to register the child with the other.
The result of the provision of public services is the issuance of a registration certificate (for children under 14 years of age) or a registration stamp (for persons over 14 years of age).
A child registered in an apartment that is not the property of his mother and father has the right to use the housing, but not the right of ownership.
The registration service is provided by the Federal Migration Service free of charge .
The most formalities must be observed when registering a minor child who does not yet have a passport. A person aged 14 to 18 years is quite capable of independently filling out the necessary forms using the samples located on the stands.
Refusal of service
In some cases, parents may be denied such a service. As a rule, it is associated with an incomplete package of documentation provided to the GUVM employee or doubts about its authenticity. The legislation does not provide for other reasons for refusal.
However, during the process of registering a child, certain problems may arise, which it is advisable to familiarize yourself with in advance. The reason for refusal may be the lack of consent of one parent to register the child at a new address . Such an issue can only be resolved in a court hearing, where the main argument in favor of registration should be the improvement of the child’s living conditions.
Sometimes the guardianship authorities can act as a factor preventing a child from obtaining registration. This applies to situations where the child’s living conditions deteriorate significantly due to a change of place of residence. It is impossible to challenge such a decision, which is why parents will need to look for another, more beneficial option for the child’s place of residence.
Court decision to determine the child’s place of residence
It is also impossible to discharge a child if he is the owner of an apartment, has a share in it, or is registered as such in municipal housing. In such a situation, there is no point in going to court, since it will protect the interests of the baby.
Is the child registered with the father, does the mother have the right to live with the child?
In addition to financial provision for an acceptable standard of living, resolving the issue of place of residence, as well as other issues, it is very important to immediately think about where to register your own offspring. After the grandmother died, the municipal apartment in which the child was registered went to the father
After the grandmother died, the municipal apartment in which the child was registered went to the father.
The guardianship service or parents can apply to the court to declare it invalid. At birth Legislation establishes responsibilities for all citizens.
- a sheet with information about where the citizen left;
- formalized consent of the residents or the owner with a direct indication of legal norms;
- power of attorney if registration is made by a representative of the property owner.
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Is the child registered with the father, does the mother have the right to live with the child?
My wife and I are divorced and have a child together. The child is registered with his father, the apartment has three shares (the share of the child’s father and his parents). The ex-wife is registered with her parents.
The husband draws up an inheritance after the death of his mother. He is the only heir, there was no will, he is interested in the question, why do you have to pay about 7 thousand for the renewal of documents? House – 52 sq.m. m, land plot 0.25 hectares, land plot 0.23 hectares, land plot 6.35 hectares, VAZ 2106 manufactured in 1989.
The heirs, by oral agreement among themselves, if it concerns movable property, can change the size of the share in the inheritance of one of them. The heirs, by a written agreement between themselves, certified by a notary, if this concerns real estate or vehicles, can change the size of the share in the inheritance of one of them. Thus, a child of the age in question can contact migration service specialists to obtain registration.
Deadlines for registering a child
Adult citizens know that when moving they need to obtain permanent registration within 7 days. For children, this period is also relevant, but in the case of temporary registration of a child, his parents are given 3 months to solve the problem.
Important: the weekly period is counted not from birth, but from the day of moving into a given living space or receiving a birth certificate (for newborns). After all, the baby and mother may spend some time in the maternity hospital. At this time, this institution is their actual place of residence.
Cost and validity period
Cost may vary. If certification is not required, the form will be free. If you need to certify the parents’ signature and confirm their identity, then the cost will not exceed 800 rubles . If you need a power of attorney on an official standard form, the cost starts from 1,500 rubles. The price depends on the type of document.
The validity period is equal to the period indicated on the form. If there is no deadline on the form, then the document is valid for a year.
Read about the cost of a power of attorney for a child to travel abroad here.
A power of attorney for a child can be drawn up in different situations. It is best to contact a lawyer for registration. But the handwritten version, most often, also has legal force.
Rights and obligations of the registered and owner
The owner of the property is responsible for everything that happens in it, so he can allow or prohibit anyone from being assigned to his space. The exception is children who are registered regardless of the wishes of the owner or responsible tenant.
However, having allowed a person to register in the living space, the owner cannot arbitrarily discharge the tenant. If the registration is temporary, you will have to wait until it expires. A person can be deregistered ahead of schedule only through the court if the tenant violates the rules of residence.
A person who does not own real estate, but is registered in it, is obliged to comply with all rules of residence. Temporary registration in terms of rights and obligations is no different from permanent registration.
Responsibility for fictitious registration
A fictitious registration may look like a real one. However, the fictitious nature is that the person does not live at the specified address. Three parties are responsible for this act - the fictitious tenant, the owner of the property, and the FMS employee.
This offense is considered a criminal offense. Article 322.2 of the Criminal Code of the Russian Federation provides for punishment in the form of:
- A fine in the amount of 100,000 to 150,000 rubles;
- Forced labor for up to 3 years;
- Imprisonment for up to 3 years;
- Prohibition on a type of activity (up to 3 years).
The seriousness of sanctions is related to the importance of the institution of registering people. Children must be registered so that the state can control their movement and protect the rights of minors in the country. So having a residence permit is not only necessary, but also beneficial.
How and where to register a child after a divorce
If the offspring is registered in the apartment, his mother can go to court with a demand to be allowed to live on the premises if the spouses could not resolve this issue on their own. It will not be possible to discharge a minor citizen from housing after a divorce.
Attention
Video Housing was purchased or privatized during marriage If the living space was privatized during marriage, this does not always allow you to sue for a share in it. The mother and offspring will not have rights to the apartment in the following situations:
- the privatization procedure was carried out without their participation;
- there is no registration on the territory of the real estate;
- the woman did not pay for housing maintenance.
If the property privatization procedure was completed without the participation of the mother or child, it is considered that the apartment belongs entirely to the husband.
How can a minor child be discharged from an apartment after a divorce?
Disposal of property in shared ownership
- The disposal of property in shared ownership is carried out by agreement of all its participants.
- A participant in shared ownership has the right, at his own discretion, to sell, donate, bequeath, pledge his share or dispose of it in any other way, subject to the rules provided for in Article 250 of this Code during its alienation for compensation.
Can the mother live with the child's registration? If an attempt to reach an agreement with the owners or tenants is unsuccessful, the mother will not be able to exercise her right to live where the baby is registered. What rights does a child have regarding registration after a divorce? After the breakdown of the marital relationship, the child has the full right to registration at his previous place of residence, if there are no other options. It will not be possible to discharge the offspring - the law does not approve of this.
