Why determine the child’s place of residence with one of the parents?
Why determine the child’s place of residence with one of the parents if there is no dispute anyway?
When dissolving the marriage of parents with minor children, a judicial procedure is required. And one of the questions that the judge must answer in his decision is the question of who the children will live with after the divorce. If there is no dispute on this issue, then the court’s decision will most likely include the following: “there is no dispute about the child’s place of residence.” Or they may add: “The child lives with his mother,” or something similar.
Since 2015, magistrates are not required to make a full, reasoned court decision, and can limit themselves to only issuing the operative part of the decision. Then this fact will not be reflected in the court decision, the decision itself will simply be written: to dissolve the marriage.
Thus, upon divorce, if a dispute about the child’s place of residence was not declared, then even if this fact (the child lives with one of the parents) is reflected in the court decision, nevertheless, the establishment of this fact has no legal force for future life. carries.
If there was no marriage between the parents, then it will not be recorded anywhere at all where and how the child lives after the separation of the parents.
Parents can enter into an agreement between themselves on the child’s place of residence (and, possibly, on the procedure for the exercise by the separately living parent of their rights and responsibilities).
Two words about the form of such an agreement. The legislator does not provide any mandatory form for an agreement on the child’s place of residence. This means that, theoretically, it can be oral. But you need to understand that without some kind of fixation of this agreement on paper, or in some other material form, the existence of such an agreement can be challenged simply by saying that it supposedly did not exist. Or his conditions could be different. Therefore, it is quite strange to hear from some parents in this case that they supposedly “verbally agreed.” Yes, this is wonderful, but such an agreement works fine until the moment it suits everyone, and immediately disappears as soon as there is a party that is no longer satisfied with the previous order. Therefore, I recommend concluding agreements on the child’s place of residence in writing. It is possible, but not required, to be notarized.
An agreement on the procedure for exercising parental rights of a parent living separately can only be written (including notarized). It is enough to describe the procedure for the participation of the estranged father in the life of the child, sign it by both parents - and this is already a document. There is no need to drag anyone to the notary; it is enough to do it at home. The notary, of course, will present this document in a more legally literate form, taking into account the “bird language” of lawyers. But if there is no misunderstanding between you, what does it mean “the mother hands her son to the father at his home on even weeks on Monday and Wednesday after school” (at whose home? at the son’s? at the father’s? even in the year? in the month? after which school? and after the musical?), you can write it on paper and calmly execute it without involving a notary. In court, such a document will also be accepted and considered. Are you worried? Go to the notary.
An agreement to pay alimony can only be certified by a notary. All promises on paper or without it are legally void, because the notarial form of such an agreement is provided for by law.
But let’s return to the question of determining the place of residence with one of the parents. So, you have an agreement about where the child will live, and it's hopefully in writing.
Under such circumstances, you, as a parent living with the child, are minimally protected from arbitrariness on the part of the other parent. Arbitrariness, first of all, consisting in the fact that the second parent can, in principle, at any time take the child to live with him and not fulfill this agreement, even if there is one.
In this case, and also if you do not have any agreement on your place of residence, you will have to act through the court.
If you have an agreement, but it is not respected (the child was taken away contrary to it), then you need to file a claim for the transfer of the child. If there is no agreement, in addition to the claim for the transfer of the child, it is also necessary to determine the child’s place of residence with the parent who is applying for it.
Even if there is no dispute about this at the moment, I still recommend determining the child’s place of residence with one of the parents through the court. Why?
A parent living separately from the child does not have all parental rights, but only: the right to communicate with the child, the right to participate in his upbringing, and resolve issues regarding the child’s education (of course, the last two are with the participation of the “first” parent). There is neither the right to “pick up the child whenever I want,” nor the right to demand that the first parent not move anywhere, or to “approve the nanny”—there is nothing like that in the law.
This may be stipulated in the agreement on the procedure for the exercise of parental rights by a parent living separately, or it may not be stipulated, and then it is not protected by anything. By law, at least.
Therefore, the parent with whom the child’s place of residence is determined, in essence, determines the life of this child, “sharing” only part of the rights with the other parent. In European law, this (almost this) is called “the right of full custody of the child,” or a similar term, and means that the “first” parent, in essence, bears full responsibility for the child, and the “other” parent is obliged to support the child (in his part, alimony), and has the right to see him.
This is not a very common legal structure in the world; nevertheless, more often “parental custody” is distributed between parents according to a different principle, or even joint. In the USA, it is not uncommon for a court to decide that a child lives with his mother for a week and with his father for a week. In Russia, of course, such solutions are exclusive. Let’s be honest, in 15 years of practice I’ve only heard about such things, but haven’t even read them.
But by determining the place of residence with one of the parents in Russia, we thus, in essence, give him the rights of “almost complete custody” of the child, allowing him only to consult, in essence, with the second parent about the child’s life. This, of course, is not deprivation of parental rights, but their serious regulation and “streamlining” (not to say restriction).
The second important point is that it is the parent whose place of residence has been determined by the court who can demand the return of the child to himself, including from abroad, primarily from countries with which we have an Abduction Convention on a reciprocal basis children.
The practice of forced execution of a court decision to determine the place of residence of children with one of the parents is also widespread, even if this decision does not contain a direct indication (although this is exactly what the Supreme Court requires from lower courts: directly write “transfer the child”) to the need to take the child away from one of the parents. from parents and transfer to another. In such cases, bailiffs either oblige the parent to “hand over” the child, or go to court for clarification of the writ of execution, and the courts quite often “explain” that determining the child’s place of residence means taking it away from one parent and transferring it to the home of another.
In any case, these procedures are much faster than a “new” claim regarding the child’s place of residence and transfer.
The above also applies to cases where the child’s place of residence is determined before the court decision on the pending claim comes into force by adopting a court ruling on interim measures, or at the stage of a preliminary court hearing.
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Having determined the child’s place of residence with one of the parents, you need to think about the order of communication with the other parent. I also recommend doing this through the courts.
06/04/2015 (updated 06/18/2016, 06/25/2018)
How to get a long-term date with a convicted common-law wife
The common-law wife, girlfriend of a convicted person or other people interested in a long-term date, but who cannot officially confirm their relationship with the prisoner, must submit a written request to the management of the correctional institution (PI). If the boss or his executive officer allows it, the meeting will take place. Thus, everything depends on the decision of the management of the PS.
The task will become much easier if you provide the management of the IC with documents justifying the request for a meeting, and at the same time behave as politely and correctly as possible. Try to assure in writing the management of the correctional institution that such a meeting will have a beneficial effect on the convicted person in terms of his future behavior and state of mind. If these conditions are met, management usually meets halfway and issues the necessary permission.
Where and to whom is it issued?
Where can I get a residence registration certificate?
- At the passport office upon presentation of your passport.
- At the MFC (additional documents may be needed: house register, children’s birth certificate);
- In the Federal Migration Service (information about the place of residence is issued in the form of a registration certificate);
- In the Management Company, housing department, homeowners' association - the most common choice of citizens who need information about the residents of the apartment, since they need a minimum set of documents - only a passport. Other information (about place of residence, size of living space) is known to these organizations.
- You can receive the document on the same day of application; this service is free.
- It is possible to issue a certificate to a representative acting on the basis of a power of attorney certified by a notary.
- You can also request a certificate of residence by mail, providing information about where the response should be sent.
- It is also possible to order a certificate through government services by typing “residence certificate” in the search bar on the website www.gosuslugi.ru.
In some cases, a person may need written confirmation that he once lived in a particular residential area. It may happen that the currently operating management company does not have the ability to issue such confirmation. In such situations, you should contact the municipal administration, where such information can be obtained by requesting the city archive. At the same time, you need to be prepared for the fact that an extended package of documents will be required (certificate of ownership, apartment purchase and sale agreement, as well as any other written evidence of residence for a certain period at the requested address).
Who can get it?
The certificate can only be obtained by the person who is registered at the address at which the information is needed. Thus, the legislator complies with the requirements of the legislation on the protection of personal data, which has recently become especially important among the population.
To obtain information from the child’s place of residence, you should know that the place of residence of children is considered to be the housing where the parents or guardians live. The same rule applies to incapacitated citizens.
On their own initiative, information about the number and full names of residents living at a certain address can be obtained by:
- law enforcement agencies,
- representatives of the Pension Fund of the Russian Federation,
- notary, etc.
Can it be refused?
In practice, there are refusals to issue in the presence of utility debts - such actions are illegal and can be appealed through the prosecutor's office or court. Of course, this does not mean that the debt for housing and communal services can not be paid, but the lack of timely payment cannot be a basis for refusing to provide the information necessary to a citizen.
Date in prison - sample certificate of civil marriage
It is in order to go on a long date that the unofficial spouse, as a rule, must submit a certificate confirming the actual marital relationship between her and the convicted person. After all, she cannot play the role of a close relative.
Not all families have citizens who lead a law-abiding lifestyle. If one of the spouses is sentenced to imprisonment and ends up in a colony or prison, his relatives have the right to request visits from the heads of these institutions. This category of persons also includes the legal spouses of convicted persons. For meetings with a common-law spouse, a certificate of civil marriage with a sample is required.
