How many ex communicate with children. How to communicate with children after spouses divorce? Scheduled meetings

Family legislation pursues the goal of providing parents with the opportunity to exercise their parental rights, and children - the opportunity to fully communicate with their father and mother. Especially after a divorce, which in itself is a serious trauma for both parents and children.

In fact, the opposite is often the case: instead of maintaining a normal relationship, ex-spouses use children as targets or weapons in the fight against each other. Often the mother interferes with communication with the child after the divorce, and the father demonstratively refuses to raise and maintain the children. And everyone only suffers from this.

In this article we will try to understand the vicissitudes of communication between parents and children after a divorce. And determine the procedure for overcoming controversial issues.

Restriction of communication between father and child after divorce

Since in most cases, after a divorce, the child remains with the mother, it is the mothers who become opponents of full-fledged communication between the father and the child. The mother begins to abuse her rights and infringe on the rights of the father for a variety of reasons (including resentment and a desire to take revenge on her ex-husband). She herself determines the order of meetings between the father and the child, limits the time of their communication, and sometimes does not allow them to see each other at all.

Sometimes the father is not at all embarrassed by this state of affairs. But as a rule, the father defends his legal rights to communicate with the child after the divorce.

How many times can a father see a child after a legal divorce?

Mothers are often asked if the father can be legally prohibited from seeing the child.

Question

My husband and I recently divorced due to his alcohol abuse. The children - a 12-year-old son and an 8-year-old daughter - stayed with me. The children's father lives not far from us, and I do not limit his communication with children. I don’t mind him seeing them off and picking them up from school, accompanying them to clubs, spending time in the park and on the playground. But I do not want the children to stay overnight with their father, neither on weekdays nor on weekends, because I am not sure that his home is suitable for this (footage, furniture, cleanliness, as well as unwanted neighbors and guests). My ex-husband says that I am setting illegal restrictions and insists on longer meetings with children. Which of us is right?

Answer

To answer this question, you need to recall the foundations of family law (Chapter 12 of the RF IC), according to which they are equal in relation to joint children. In addition, according to Art. 55 of the RF IC, the divorce of parents should not become a reason for infringing on the child's rights to communicate with the father and mother. By preventing a father from meeting with children, the mother is breaking the law.

However, in some cases, communication between the father and the child may be restricted by the court - if this communication harms the physical or psychological development of the child. For example, if the father leads an immoral lifestyle, uses alcohol or drugs, insults his ex-wife, sets the child against the mother, and the like.

If the father's behavior does not cause any criticism, there is no reason to limit his participation in the child's life. The father can also go to court if he believes that the mother is violating his legal right to participate in the upbringing of joint children.

Alas, the law does not specify the permissible number of hours or days that a father can spend with a child. But this only means that the parents need to independently (or with the help of the court) reach an agreement on the procedure for communicating with the child. The schedule and order of appointments will directly depend on circumstances such as the age of the children, the degree of affection, distance, employment and parental capacity.

Below we will consider how and in what form the schedule of meetings between parents and children is established.

How can parents reach an agreement on how to communicate with their child?

Parents can determine the frequency and duration of meetings between the father and the child (as well as other features of their communication, depending on the circumstances) in several ways. The law provides for the possibility of drawing up a written agreement or going to court. In practice, a verbal agreement between the parents is also possible.

Verbal agreement of parents

It is good if the former spouses have preserved human relationships after the divorce. If the parents understand the importance of the child's communication with both the mother and the father, and are equally responsible for his upbringing, they can agree orally. No documents are required.

For example, by verbal agreement, the father takes the child home every weekend, and the mother does not control the communication process, since she recognizes the ex-husband's right to raise a common child.

Of course, not every parent can boast of such a conscientious attitude towards their parental responsibilities and such a respectful attitude towards each other.

Parents' written agreement

Question. My wife and I divorced, we have a common child of 10 years. A wife and child live in another city, far enough away - 200 km away. To see my son, I come to see him at least once or twice a month. But my ex-wife is wary of letting the child go with me, so I only have one day at my disposal. Does the wife have the right to dictate the terms of meeting with the child? Can a written contract be concluded with my wife?

If one of the parents abuses their rights or infringes upon the rights of the other parent, if there are disputes between the parents about how often the meetings with the child should take place, it would be reasonable to formulate these rights in writing by drawing up a special agreement. In it, among other conditions regarding joint upbringing and parental participation in the life of a son or daughter, it is necessary to provide ...

• Place and time of meetings;
• Duration of meetings (for example, number of hours - on weekdays and weekends, days - during school holidays);
• Types of joint leisure and unacceptable ways of spending time;
• Possibility of the presence of the second parent, other relatives at the meetings of the parent with the child.

You do not need to certify the agreement with a notary. But if parents want to be sure that the document does not contradict the interests of the child, it can be agreed with the guardianship and guardianship authority.

Determination of meetings with the child through the court

It happens that after a divorce, relations between former spouses are so destroyed that it is impossible to peacefully agree on communication with the child. And it happens that a previously concluded written agreement is simply ignored by one of the parents. In this case, the dispute is resolved in court with the obligatory participation of the guardianship and guardianship authority.

Question. My son divorced his wife. The common child lives with the mother.The ex-wife strictly limits the joint pastime of father and child and is personally present during their communication. And judging by how insecure and fearful the child behaves during these rare, short and very uncomfortable meetings, the mother turns the child against the father. howto achieve normal meetings with a child after a divorce?

Depending on the circumstances, the following claims may be filed:

• on determining the order of communication between a mother or father with a minor child;
• on the restriction of communication between a father or mother with a child after a divorce (if there are circumstances specified in Article 66 of the RF IC);
• on the procedure for communicating with the child of other relatives (specified in Art. 67 of the RF IC).

Disputes between parents about children are resolved exclusively by the district court, and must be filed there.

Communication schedule with the child: time and hours

One of the appendices to the statement of claim may be communication schedule with the child... This document contains an approximate or accurate schedule of parent-child meetings, their time and duration, place and method of holding, as well as other forms of communication (phone calls, correspondence).

Parents will have to draw up a schedule of communication with the child on their own, depending on the circumstances and characteristics of family relations. If you have serious difficulties, you should seek the help of a lawyer.

It must be said right away that the legislation does not provide for any restrictions on the amount of time a father or mother spends with the child. Restrictions are established in exceptional cases, for example, if the mother is categorically against, and the father has to seek meetings with the child in court, or if the mother has compelling reasons to limit the joint pastime of the father with his daughter or son.

For both the mother and the father, if they are not deprived of parental rights, it is important to realize the role provided by the law in the child's life, maintain relationships with him, educate him, take part in his development and formation.

At the same time, it should be borne in mind that the father's possibilities are not unlimited, given the work, the workload in other matters, the distance, and sometimes the new marital status. Reasonable restrictions may also be present on the opposite side. Therefore, the schedule of meetings between a parent and a child is formed taking into account all significant circumstances, such as the employment of parents, separation, as well as the age of the child, his capabilities and wishes, the degree of attachment between parent and child.

For example, the frequency and duration of a dad's meeting with a one-year-old baby may differ from a dad's meeting with a teenager. In the first case, half an hour a day may be enough, in the second, you can arrange for the child to travel to his father for the whole weekend. The ways of spending time together will also be different. In the first case, meetings can take place in the presence and accompaniment of a nursing mother, in the second, the father can be given complete freedom of communication with his daughter or son.

In the schedule, it is desirable to provide for the possibility of spontaneous, unplanned meetings in advance. After all, even the most organized mother may suddenly need help with the child, or the busiest father may have free time to meet with the child.

Judicial practice in cases of this category proceeds from the fact that the order of meetings between parents and children should be extremely specific and clear... Uncertainty, the lack of an exact schedule of days and hours makes the court's decision impracticable, allows for the possibility of manipulation and mutual claims, puts parents and children in a dependent position, prevents the planning and adherence to a full-fledged child's regimen.

So, the schedule of communication with the child should contain a specific timetable:

• days of the week and hours (on weekdays and weekends, holidays);
• time, place of meetings;
• duration of meetings;
• ways of spending time;
• the possibility of being present and accompanied (for example, the mother, relatives on the mother's or father's side - grandparents, siblings and stepbrothers);
• the procedure for the joint conduct of school holidays and parental leave.

In this case, the individual circumstances listed above must be taken into account.

If one of the parents (mother or father) violates the established schedule - to ignore or obstruct meetings at the appointed time, this can be qualified as non-compliance with the court's decision, for which a fine of 1000 to 2500 rubles is provided. (according to Art.17.14 - 17.15 of the Administrative Code of the Russian Federation).

Consideration of the case and court practice

Question. My husband divorced me because of a relationship with another woman. After the divorce, he married her. In our marriage, a child was born, now he is 3 years old. The ex-husband takes the initiative to meet with him, but wants to see the child at any time convenient for him, as well as to take him to his place of his own free will. My participation in these meetings is categorically rejected. He says that he will achieve this through the courts. The court can meet the husband?

Having considered the claim of the plaintiff, the court examines the materials of the case. In this case, the following circumstances are taken into account:

• The age of the child, the level of his physical and psychological development;
• The moral qualities of the parent, the order of meetings with which is determined by the court;
• The plaintiff's proposed schedule for communicating with the child is the time and frequency of meetings, the conditions and manner of meetings.

To make a fair decision, the court relies on the following evidence:

• recommendations of the guardianship authority on guardianship;
• characteristics of parents;
• testimony, recordings of conversations, letters.

If there are no grounds for refusing to satisfy the claim, the court, by its decision, approves the procedure for communication between the father and the child in the form requested by the plaintiff (taking into account the changes and additions made to the claims in the course of judicial consideration).

If the court finds out that when the claim is satisfied, the interests of the child will be violated, that meetings with the parents will negatively affect the physical and psychological development of the child (for example, affect his health, behavior, school success), the plaintiff's claims will be rejected. Also, the court can limit the visits of the father with the child (for example, only in the presence of the mother).

Responsibility for violation of the procedure for communication with a child established by the court

If the court's decision to determine the meetings with the child has entered into legal force, but one of the parents still acts in its own way, interfering with the child's normal relationship with the other parent, he can be brought to justice. A fine is provided for such a violation.

For a systematic violation of the order of meetings, determined through the court, one of the parents has the right to demand a change in the child's place of residence (for example, if the mother categorically denies the father the opportunity to see and raise the common child, the father can ensure that the child lives with him).

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The main goal of the legislator when creating family law norms is to give parents and children the opportunity to communicate with each other even when the relationship between mom and dad ends. This is especially important because divorce can be a serious psychological trauma for both the child and his parents.

At the same time, the parents themselves, in the end, do not try to maintain relations with each other, so that in the end the child is not deprived of the attention of one of them. In fact, there are constant disputes and conflicts that only worsen the situation.

Moreover, psychological pressure on children is used constantly, they are used as a means of blackmail and a struggle between parents. The main mistake is restricting the rights of one of the parents in communicating with their child.

It is very important to understand how to act for a father, since most often it is his right that is limited when the mother does not allow him to freely see her child.

For such situations, there is just a procedure for determining the schedule and order of meetings with children, and solutions are also allowed that allow the father to visit the child and communicate with him at any time.

Deciding how and when the father will meet with the child is a very important point, since the dissolution of a marriage always entails the residence of the former spouses in different places, and sometimes in different cities.

All this negatively affects the child, depriving him of the opportunity to see his father regularly. Also, the father may be simply busy because of work, which will require a special approach to the allocation of time to meet with the children.

At the same time, it must be remembered that it is impossible to limit in some way the meetings with the father with the children, without having sufficient grounds. The RF IC in Article 61 says that each of the parents has the same rights in relation to joint children, that is, the dad has the opportunity to meet with the child whenever he wants, at any time and any day. Parents can also agree by independently thinking over a plan for communicating with the child of each of them.

When drawing up a specific schedule, many factors should be taken into account, namely the desire of the child himself, as well as the father's ability to meet with him, because a man can work or live in another city, which will greatly reduce the number of meetings with children.

That is why it is always possible to establish a certain frequency, for example, specific days in a month, when communication could take place.

Bad relationships between ex-spouses lead to disputes. The mother limits the father's meetings with his children, and as a result, the latter has to go to court. In this situation, it is the government agency that will decide what the communication schedule will be, relying solely on the interests of the child.

All this creates a significant time frame that, in one way or another, limits the father's right to communicate with his child. All this is a consequence of the mother's prohibitions, which are very often not justified and rely only on personal hostility.

Judicial practice mainly relies on such points as places of meetings with a child, which should be determined based on objective circumstances.

It is always important to consider the residence of each party, perhaps the father moved to another city, which will complicate the scheduling procedure. At the same time, the court cannot in any way limit the meeting place only to the address of the child's residence, the father has the opportunity to promise with the children in any chosen place.

The court, more often than not, is inclined to believe that the father should spend time with the child in various entertainment and leisure places. In this case, of course, employment is always taken into account, including the child himself, because he can attend kindergarten or school, which suggests that weekdays are not suitable for meetings.

The same applies to the father, who, most likely, works, which means that he is not able to go to his child at any time. All these aspects should be studied in detail and taken into account in the formation of the most convenient and suitable communication schedule.

The court decision that is taken regarding the schedule of meetings between the father and the children should always be as specific as possible. That is, the judge must establish clearly defined days when a man can come to his children.

If there is no such indication, then this will generate uncertainty, there will be no opportunity to plan the child's leisure time, the process of his education and rest. That is, such a decision can significantly affect the interests of the child, which should not be.

Another important factor is the age the child has reached. As a rule, young children under the age of three do not need much communication with their father, according to the court, which means that the number of days and hours may be minimal.

The older the child, the more he requires the attention of both parents, especially when it comes to a boy. Also, the connection with the father, how close the child was with him, will play a role; the lack of strong attachment can cause a reduction in the time for communication.

Schedule of child's meetings with father after divorce

The best way to avoid conflict and not create stressful situations for the child is agreement. Parents are able to simply agree among themselves. Such an agreement can be either oral or written.

Such an agreement may contain all aspects concerning the communication of one of the parents with the child. Days, hours, durations, places and so on. All this can be determined peacefully by finding a compromise.

When accepting such an agreement, it is important to understand that any excessive restrictions will harm the child, the RF IC also warns about this:

• Article 55 of the RF IC says that children have the right to communicate equally with all relatives, and divorce is not an obstacle to this;
• Article 66 of the RF IC says that all the rights and obligations that are presented to spouses in relation to children are the same for them;
• Article 65 of the RF IC says that any exercise of parental rights should not contradict the interests of the child, first of all, physical and moral harm is not allowed;
• Article 66 of the RF IC says that a father or mother who does not live with the child can fully exercise their right, participate in his upbringing and maintain communication.

If there are no conflicts, then a written agreement between the parents will be the best option for settling the father-child meetings.

In those cases when it is impossible to agree, the guardianship and guardianship authorities, as well as the court, come to the rescue. It is these authorities that will resolve the conflict that arises over communication with children and the implementation of education in general.

Here, the court will rely on a large number of factors when determining the order of communication with the child: the age of the children, health, psychological indicators, namely the level of attachment to each of the parents, and of course, the conditions for holding meetings, the possible situation.

The complexity of such legal proceedings is that each family is unique in its own way. In some cases, their own problems, conflicts, difficulties, conditions. All this is important to take into account when making a decision, and it is definitely impossible to act based on previous cases. In each family, it is possible to individually determine the peculiarities of communication between spouses, children with them and other similar aspects, which plays a significant role in the formation of schedules.

Often, the father does not take into account the interests of the child when establishing the order of communication with him, wants to take the small child for a long time, which is impossible, since he may need the mother's company too much due to his age. And there are a lot of such examples, so each family needs to be approached individually.

It is important to avoid long periods of time when the baby is far from the mother. This may affect his condition. That is, one must always object to such an order of communication, which implies a long separation of the child from the mother.

This is usually due to the fact that a child at a young age becomes more attached to his mother, especially if he constantly lives with her. The father must take this factor into account.

Often, the father's schedule includes the child's stay with him at night, for example, when the man picks him up for the weekend. This is possible, but only if the court is convinced that the father has suitable living conditions for this.

When a man does not have his own apartment or house, then in this order of communication he will be refused, as with any other long pastime.

Another important point may be the health status of children. They often have some kind of diseases, including chronic ones. In this case, long-term departures may also be prohibited. It is necessary to submit medical certificates and confirmations of doctors that the chosen option of rest will not be harmful to health.

He also needs to properly provide medical examinations, tests and other medical services, which will be problematic upon departure. All this may be the basis for refusing the father that he could spend the whole vacation with the child.

The next important piece of evidence is the opinion of the guardianship and guardianship authorities about the opportunity to spend the maximum amount of time with the father. They explore all conditions, including the characteristics of the man himself and the relationship between him and the child. As a result, a conclusion is issued, which the court looks at in the first place, making an appropriate decision.

Usually, the conclusion of the guardianship and guardianship authorities is not based on how the process of raising a child, or what kind of relationship between him and his parents. The point is that the mother, when she is against a certain order of meetings between the father and the child, must present reasonable facts confirming the reasons for her reluctance.

This is exactly what the guardianship and guardianship authorities look at. If such arguments are not presented, then the conclusion will be in favor of the father. It is also necessary to provide evidence that refutes the conclusions drawn by the guardianship and guardianship authority. Either side can do this.

Evidence in solving this issue can be various kinds of medical certificates and conclusions, characteristics and certificates from a school or kindergarten. The result of the psychological examination carried out is also recognized as evidence.

The court can refer to it when making a decision. Other types of evidence are possible, the main thing is that they legally refute the possibility of one of the parents to exercise their rights or, on the contrary, to limit them.

Psychological expertise must be given special attention. It helps to understand what kind of relationship between parents and children. This is especially important when it comes to the degree of attachment of children. It determines the possibility of a father spending more or less time with his children.

Accordingly, the higher the indicator of attachment, which is determined by psychological tests and techniques, the more time it takes for the child to contact the parent. As a result, all these techniques make it possible to confirm or, on the contrary, refute the arguments presented by the parents in the trial.

You can download a sample schedule of meetings between a child and his father after a divorce.

Limiting communication between father and child

Whatever grievances remain after the divorce, a woman cannot forbid her ex-husband to see their joint child. The rights of both spouses are equal, regardless of who the child is left to live with. In order to limit the rights of a man, you need to have very weighty arguments. The mother should understand that any prohibition to communicate with children is a violation of the law and an additional reason for the father to go to court with a statement of claim.

However, it is possible to rid the child of the father's society, but only if he negatively affects him, exerts pressure or, on the contrary, pampers, depriving the mother of the opportunity in the future to satisfy the needs he has formed.

If a woman can prove such an influence, then the court can decide in her favor and limit the father to a clearly established schedule. The conditions of the meetings may vary. Limitation is possible due to participation in witness meetings. And of course, the main reason for refusal is non-payment of alimony and failure to fulfill obligations as a parent.

If the spouses decide to dissolve the marriage, then the parties must be ready to go through certain legal procedures. Divorce entails a solution by the former spouses of a number of issues, including those related to the residence, upbringing and support of the child.

After divorce, usually one of the parents loses the right to live with the child, but this does not interfere with his right to participate in the upbringing and provision of the child.

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Except for those situations when common custody of the child is being formalized with their alternate residence with both parents. No less acute is the question of when and how much a father can see a child after a divorce.

What does the father have

The end of a relationship is always a painful event for both spouses and children.

Therefore, Russian legislation and the family code are designed to take into account all sorts of nuances, so that each party has certain rights, regardless of the breakdown of relations and conflicts.

One of the most pressing issues that are considered in court in a divorce is the father's right. As a rule, if a couple was unable to sort out their relationship before the trial, they have a strained relationship, and everyone pulls the blanket over themselves.

In this matter, it is very important to take into account mutual rights, and continue to take part in education.

Family law takes into account the rights of both parents, and allows for the possibility of dating between dad and child after a breakup.

Unfortunately, in family matters in conflict, spouses are trying to spite each other in every way, and make it as painful as possible, so it is very important to know what to count on for the father and how to act in a situation when the mother is trying to limit communication.

Does the father have the right to see

Most often, when a relationship breaks up, children stay with their mother, from which the female sex believes that she has more power than her ex-husband. In fact, this is not the case, and a joint child is a common foster child, therefore the rights of parents to a child are equal.

In the event of a breakdown, property is shared, and the child is forced to stay with one of the parents, however, the rights and obligations of both spouses remain equal.

Of course, we will not consider individual cases when the father himself does not want to see his child, and completely disappears from his life after the divorce. More often than not, the mother herself in every possible way forbids communication with her ex-husband, while he craves it.

That is why in judicial practice, more and more cases appear when fathers ask to settle a similar issue and obtain legal permission, without the instructions and preferences of the ex-wife.

The father also has the right at any time to take an interest in his child and receive information about his health, whereabouts, etc. And no decision, even a court decision, can prevent this.

Like his mother, he has the right to stand up for the defense, and in the event of abuse, resort to court.

After divorce, how many times can a husband see a child legally

After a divorce, how many times can a husband legally see a child? The law says about equal rights of mother and father, and dad can see him with his child as much as he wants (Article 61 of the RF IC).

However, in practice, everything is much more complicated. If the ex-wife interferes with the contacts between the father and the child, you should immediately contact the court.

In such cases, you should listen to the inner voice, and understand what to do if you refuse. In one case, it will be enough to show a little patience with the spouse, and offer to discuss further dates with the child by conversation.

Another option would be to draw up a contract, which indicates the frequency of meetings, and possible other conditions of the parties.

It is not superfluous in such matters to consult a lawyer. In no case, you should not resort to illegal or violent actions, theft of a child and the like, because in case of a lawsuit, this fact will only aggravate the situation.

In judicial practice, there are cases when the father can see the child for several hours a week, it all depends on the child's age.

How can you start seeing each other

In order to do the right thing, first of all, you should offer your desires for meetings. For example, indicate that the child will see dad on weekends and certain holidays. This graph will help the family understand the order and frequency.

A rational solution for the father would be to go to court with his desires to obtain a formal court decision. However, even then, one should be aware that this decision is subject to change, and does not contain the final state of affairs.

Most often, this order is enough when the child is still unable to express his desires on his own and to see his dad.

And as they grow up, this schedule can change in one direction or another, depending on mutual desire, opportunity, closeness of dad and child, and many other factors.

You should know that after a court decision on dating, it may change downward if it is noticed that such communication leads to a negative impact on the child. Also, the list of possible situations includes infringement of the rights of the child, violence, and more.

In this case, the mother can again appeal to the judge to establish a fair decision.

In this case, an additional party will be invited to the meeting - the guardianship authorities, which will listen to each of the parties, and determine how further meetings will take place, and in what frequency. In any case, the main thing in this matter is to take into account the needs of the child.

Scheduling

An indispensable assistant in resolving family conflicts is the agreement and scheduling of visits between father and child. With its help, many problems are solved by common efforts, preferences and visions.

He gives guarantees to the father, and peace of mind to the mother, since each of the spouses can express their desires and reflect them in the schedule. It should be understood that only a general consensus can resolve the issue of meetings.

Drawing up a document will help not only clarify the parties' future life, but also prove to be proof of an attempt to find a solution, if problems with meetings arise even after having a schedule.

If the mother violates this agreement, the father has the right to go to court with this paper and complain about the situation.

The schedule of meetings does not have a standard form, and can be drawn up in any form. The main thing is to take into account all the nuances. The main points will be: where, when, at what time, and how many times the father will see his child.

It is important to take into account force majeure: how the meetings will be postponed if the scheduled date does not take place, etc. And finally, the condition that parents cannot change these conditions after signing this agreement.

This will allow each of the parties to have guarantees and confidence.

When drawing up a certain schedule, the desire of the children is also taken into account, as well as the possibility of the father to meet with them, because he can work or live in another locality, which will significantly reduce the number of meetings with children.

That is why it is always possible to establish the frequency of meetings, certain days when communication can occur.

You can sign an agreement in which you can provide:

• Schedule of weekly meetings, their duration and location.
• Schedule of meetings on weekends and holidays.
• The number of days of joint leave with a child for both parents.
• The amount of the alimony.

Limitations

Negative relationships between failed spouses can lead to conflicts. The mother may not allow the father to meet with the children at any time; as a result, he will have to go to court.

In this case, it will be the court that will decide what the schedule of meetings with the child will be, based solely on the interests of the child.

This will take a long period of time, which will limit the father's right to communicate with the children. All this is a consequence of the spouse's prohibitions, which are often not reasoned and are based only on personal hostility.

Judicial practice usually draws attention to the fact that the places of meetings with children, which should be established, relying on independent circumstances. It is always necessary to look at the residence of each party.

The father may have moved to live in another city, which can make the scheduling process more difficult.

At the same time, the court authority cannot limit the meeting place only to the address of the child's residence, the father can communicate with the children in places of his choice. The court usually insists that the father should meet with the child in various recreational and leisure places.

In this case, the employment of the father and the child will always be taken into account, because the latter can go to kindergarten or school, so weekdays are not suitable for walking with the father.

The same applies to the father, who can be employed, which means that he will not be able to go to the children at any time.

The ruling of the court, which is adopted according to the schedule of meetings between the father and the children, must always be specific. That is, the judge must determine the days on which the father can see the children.

If this instruction is not given, then this will cause confusion, it will not be possible to plan the child's leisure time, his studies and rest. That is, this decision can significantly violate the interests of the child, which should not happen.

According to the Constitution of the Russian Federation and Art. 61 In the UK, both parents have equal rights and responsibilities for the upbringing and maintenance of joint children, including foster children. After divorce, the parent living separately (most often the father) has the right to maintain full communication with the child (Article 66 of the SK):

• use telephone communications, social networks and other means of communication;
• keep abreast of the state of his health, methods of treatment in case of illness and medical institutions where the treatment was carried out;
• take him to kindergarten or school and pick him up after school;
• resolve the issue of attending various circles and further education;
• organize a joint visit to entertainment and sports complexes;
• spend free time with him - take him on weekends, vacations, on a trip.

Restriction of communication between a father and a child or complete deprivation of this right is possible only through a court. For this, the mother must provide documentary evidence that the father's visits have negative consequences for the baby's psyche, his physical condition and moral development.

Duration of the right

Termination of marital obligations cannot serve as a basis for restricting any of the parents in his rights. The law remains in effect until the child is recognized as legally capable, when the decision-making will be left to his discretion. One of the following conditions must meet this:

1. Coming of majority (18 years old).
2. Getting married before the age of 18.
3. Applying for a job or setting up an individual enterprise upon reaching the age of 16.

Violation of the right

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If the child is already 10 years old, the judges take into account his decision with whom to live with after the parents divorced. However, the child's word does not remain decisive - at this age children are still gullible and suggestible, so they are likely to side with the parent with whom they currently live. Read more in this

The father's right to see the child after a divorce is often violated by the opposite party. This can be the result of strained relationships between ex-spouses, when personal hostility outweighs the need to respect the interests of the baby. In such cases, the conflict can be resolved:

• By mutual agreement.
• Litigation.

Persons who, at the instigation of the mother, prevent the father from meeting with his offspring and receiving the necessary information (kindergarten teachers, teachers, employees of medical institutions) may be brought to justice.

Conclusion of a mutual agreement

The opportunity to reach a peaceful agreement on meeting with the baby will be preferable for both parents and will not aggravate the negative attitude of the ex-wife. drawn up in writing and becomes valid after signing by the parties. The need for notarization arises if the separated parents are still officially married. As the court practice shows, the schedule of communication with the child should contain:

• Information about the place of residence of the minor.
• Specific instructions regarding:
  1. educational and medical institutions;
  2. the presence (absence) of the mother at meetings;
  3. time, place and duration of meetings (number of hours per day, days per week);
  4. visiting relatives by the father;
  5. spending weekends and vacations;
  6. vacation trips;
  7. other possible circumstances.
• Validity.

If the child has already reached the age of 10, the document must be drawn up taking into account his opinion, provided that this does not violate his interests (Article 57 of the SK).

Establishing the procedure for communication through the court

If the conditions put forward by one of the parents meet unconditional resistance from the other side, which cannot be overcome peacefully, it remains only to resolve this contradiction in court. In this case, no duty is charged (clause 15, part 1 of article 333.36 of the Tax Code, article 23 of the Federal Law No. 124 "On the basic guarantees of the rights of the child in the Russian Federation" dated July 24, 1998).

Documents

When applying to the court, you are provided:

1. a statement describing the expected schedule of meetings with the child;
2. copies of marriage or divorce certificates;
3. a copy of the baby's birth certificate;
4. documentary substantiation of the facts stated in the application;
5. the plaintiff's work schedule;
6. a certificate characterizing the identity of the plaintiff, obtained from the place of work and residence;
7. a petition to involve witnesses in the process who can confirm the circumstances specified in the application;
8. an act containing a description of the apartment (house) in which the mother and child live.

Procedure

The plaintiff submits an application for approval of the schedule of visits to the defendant's place of residence. Based on judicial practice, the determination of the order of communication with takes place in the presence of the guardianship and guardianship authorities. The court takes their opinion into account when making a decision. Also taken into account:

• the age of the minor;
• the degree of affection for the absent parent;
• the baby's usual daily routine;
• the presence of serious diseases requiring adherence to a special regime;
• housing conditions in which the child lives;
• work schedule of both parents;
• the distance between the places of residence of the father and the child;
• other circumstances.

The court's decision is subject to mandatory implementation by the mother. Any misrepresentation or modification of the prescriptions will be illegal. Otherwise, the baby may be transferred to the father's upbringing (part 3 of article 66 of the UK).

Restriction of communication in court

Parental rights, in particular, the right to communicate with a baby, may be limited by a court decision (Article 73 of the UK). Such measures are justified if the communication:

Did you know

After a divorce, a spouse can not only regain his maiden name, but also change the last name of a common child - until he turns 18. Read more about divorce and return of surname - read this. And in the article you can find out what you need to change the child's last name

• It negatively affects the mental and emotional state of the child.
• Its purpose is to set the baby up against the mother by influencing his weaknesses.
• Happens too often and at inopportune hours (when the child has to study or attend additional classes).
• Alone is dangerous for the child due to the father's mental disorder or his inappropriate behavior.

It is possible to file a claim on the procedure for communication between the father and the child, even if:

1. The issue of communication with the child was settled during the divorce proceedings.
2. The parents had already signed a voluntary agreement on the schedule of visits.

Documents

To achieve the limitation of meetings, you need to submit documents to the court proving the need for this measure:

1. statement of claim;
2. a mental health certificate (if any) issued by a medical institution;
3. a police certificate on the application of measures of administrative or criminal liability to the defendant;
4. a certificate from a narcological clinic if the defendant suffers from chronic alcoholism or uses drugs;
5. a motion to question witnesses who can describe the father's character and behavior;
6. documents confirming the deplorable state of the defendant's living quarters and the impossibility of finding the child there;
7. documents describing the mother's living conditions.

Limitation of rights procedure

The meeting is held with the participation of the guardianship and guardianship authorities, which must provide an act on the housing conditions of the mother and baby. In the absence of this document, the court may postpone the consideration of the case. After the decision is made, the court sends a notification to the registry office within three days.

Legal consequences of limiting the rights of the father

Father with limited parental rights:

• does not have the opportunity to participate in the upbringing of the offspring;
• can communicate with him according to the schedule established by the mother (in the absence of harm to the child);
• is not entitled to receive preferential benefits intended for persons with children;
• continues to bear material obligations for the maintenance of the baby.

At the same time, the child does not lose property and inheritance rights, which are granted to him by a kinship with his father.

A lawyer will tell you about determining the order of communication with a child:

Removing restrictions

The father can go to court with a claim to remove the restriction of parental rights from him. If the circumstances that prompted the court to make such a decision have changed or disappeared completely, the claim may be upheld. It also takes into account the opinion of a child who is already ten years old.

Deprivation of parental rights

An extreme measure to completely protect the child from contact with the father is to deprive him of parental rights. Its application requires exceptional circumstances that cannot be eliminated by other means.

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