Establishing the place of residence of the child in the event of a divorce of parents. Features of determining the place of residence of the child: filing a lawsuit in court When it is required to determine the place of residence of the child

E. (mothers of minor children) on determining the place of residence of children D. and N., exempting them from paying alimony in respect of children, imposing on the defendant the obligation to transfer the children to the plaintiff. E. did not recognize the claims and filed a counterclaim with R., in which she asked to determine the place of residence of the children with her. Based on this example, the Supreme Court of the Russian Federation obliges in such cases to investigate essentially all the factual circumstances and the courts are not entitled to limit themselves to establishing formal conditions for the application of the norm, otherwise it would lead to the fact that the right to judicial protection, enshrined in Part 1 of Art. 46 of the Constitution Russian Federation, would be significantly disadvantaged. Also, the Supreme Court of the Russian Federation recommends doing everything to ensure that the future of children is worthy. This is another step towards building a welfare state.

Application for determination of the place of residence of the child

If the place of residence of the child is determined The issuance of an appropriate decision by the judicial authority in no way has the right to infringe on the rights and obligations in relation to the child of a mother or father living separately. Another thing is that it establishes a certain framework for future relationships.

A court decision on the subject of establishing the place of residence of the child will be the basis for his registration at a particular address. After all, the legal residence of the child is fixed at the address of one of the parents.

Attention

In addition, the procedure for visiting a child in the future may be reviewed. This can happen in connection with the new environment in which children are daily.

Info

For example, a child has already grown out of kindergarten and went to school. Then the order of meetings with the other parent will also change.

News

The place of residence of the child is considered to be the place of residence of his parents (Article 74 of the CBS of the Republic of Belarus). If the parents live in the same family, there are no problems with the place of residence of the child, but what should a small and defenseless creature do if people close to him cannot get along under the same roof? The legislation of the Republic of Belarus determines that children have the right to special, preferential and priority care both from their parents and from the state, which is necessary for their well-being and harmonious development. According to Article 74 of the Code of the Republic of Belarus, the place of residence of the child in the event of separate residence of the parents due to divorce or for other reasons is determined by mutual consent of the parents, unless otherwise provided by the legislative acts of the Republic of Belarus.

Application for determination of the place of residence of the child

The state fee payable when filing a statement of claim, as well as a counterclaim on family disputes considered by courts of general jurisdiction, as well as magistrates, is: State duty on divorce - 600 rubles p. 5 h. 1 art. 333.19 of the Tax Code of the Russian Federation. The state duty for the recovery of alimony for minor children is not paid Rationale: By virtue of par.

15 hours 1 art. 333.36 of the Tax Code of the Russian Federation, plaintiffs in cases of protecting the rights of children and the legitimate interests of the child are exempted from paying the state fee. In accordance with Part 2 of Art. 23 of the Federal Law “On the Basic Guarantees of the Rights of the Child in the Russian Federation”, when considering cases in courts on the protection of the rights and legitimate interests of the child, the state fee is not charged.
According to paragraph 14 of part 1 of Art.

State duty determination of the place of residence of the child

State duty on the division of jointly acquired property

• up to 20,000 rubles - 4 percent of the value of the claim, but not less than 400 rubles;
• from 20,001 rubles to 100,000 rubles - 800 rubles plus 3 percent of the amount exceeding 20,000 rubles;
• from 100,001 rubles to 200,000 rubles - 3,200 rubles plus 2 percent of the amount exceeding 100,000 rubles;
• from 200,001 rubles to 1,000,000 rubles - 5,200 rubles plus 1 percent of the amount exceeding 200,000 rubles;
• over 1,000,000 rubles - 13,200 rubles plus 0.5 percent of the amount exceeding 1,000,000 rubles, but not more than 60,000 rubles.

Rationale: The requirement to divide the joint property of the spouses is property, is subject to assessment and is subject to state duty in accordance with paragraph 1 of part 1 of Art. 333.19 of the Tax Code of the Russian Federation.
Disagreements between parents about who the child will live with are resolved in judicial order based on the interests of the child. A parent who wants his child to be near and grow up before his eyes can file a lawsuit in which he details why he believes that the child should live with him.
Such a statement of claim is filed in accordance with Article 46 of the Code of Civil Procedure of the Republic of Belarus at the place of residence of the defendant, unless otherwise provided by the Civil Procedure Code of the Republic of Belarus. According to Appendix 14 to the Tax Code (Special Part) of the Republic of Belarus, the state fee for filing a statement of claim to determine the place of residence of a child is 3 basic units.

How to act when it is impossible to resolve the issue of the place of residence of children after a divorce by mutual agreement. Which court should consider the claim of persons to determine the place of residence of a minor: jurisdiction, amount of state duty. How does the psychological examination and the desire of the child affect the decision made by the court?

Divorce is always a difficult experience for a family. Issues are especially acute if the spouses have minor children. Most often, conflicts arise when discussing situations with whom joint children will live. If the parties cannot voluntarily agree, then the solution of the problem is submitted to the judicial level. The court makes a decision on determining the child's place of residence: what is the jurisdiction of the case, who pays the state fee, when is an examination required, is the child's opinion taken into account, and how can this affect the judge's decision?

Jurisdiction

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Children after the termination of marital relations, according to established practice, live with their mother, but it is not uncommon for fathers to claim that they live in their apartment or other housing. In such a situation, ex-spouses rarely find a compromise. Therefore, the problems of determining the place of residence of minors and minors are resolved in the trial.

The court considers the case from several aspects:

• with whom will the children be after the termination of the marriage;
• who will pay monthly alimony for their maintenance.

The jurisdiction of the claim for determination of the place of residence of the child lies in the place of filing of the application. The question is very important, because if the statement of claim is sent to the wrong court, jurisdiction is not respected, then it will be returned without consideration. And the whole process will have to start all over again. Claims for withholding alimony are considered by district courts at the place of residence of the plaintiff, with whom the minor lives.

At the level of legislation, there is no reference that applications for establishing the place of residence of children should be accepted only at the place of residence of the applicant. General rules say, if such a rule does not exist, then the claim must be filed at the place of residence of the second party to the case. Problems arise for those plaintiffs whose defendants are in another city or have left the country. How is the determination of the place of residence of the child and the jurisdiction of the case decided in such cases.

There is a solution to this problem.

Important! A review of the practice of the courts of the constituent entities of the Russian Federation shows that many courts consider applications both at the place of residence of the plaintiff and at the place of residence of the defendant. But there is a small nuance here, the statement of claim must be filed simultaneously with the claim for divorce and the determination of alimony.

Claim rules

The court, when considering cases on who the children stay with, without fail invites employees of guardianship and guardianship to be present at the meeting. They also determine with whom the minor will remain to live until the court decision is made.

When drawing up a statement of claim, the plaintiff must reasonably indicate the reason why the son or daughter should stay with him. It is necessary to indicate all the living conditions in which they will grow. What kind of environment will be near him, what opportunities will he have if he remains to live with this particular parent. The decision of the court on determining the place of residence of the child depends on how clearly the facts are presented. It would be appropriate to indicate in the application the territorial location of preschool and educational institutions where he will live next to.

It is important, when describing your requirement, to indicate in the application which of the parents spent more time with the child, worked with him, walked.

Note! The application is submitted only in writing, in addition, it is necessary to make as many copies of the application as there are parties to the case. All documents referred to in the application must be attached to the claim.

Attached to the application:

• birth certificate;
• documents confirming the ownership of the plaintiff's real estate;
• a photocopy of the work book;
• income statement;
• characteristics of the employer.

The state duty for determining the place of residence of the child is not charged according to the provisions of paragraph 15 of Article 333.36 of the Tax Code. This article applies to plaintiffs who file claims relating to the protection of the interests of children. But if the statement of claim is combined with the dissolution of the marriage, the state duty is paid in the amount of 600 rubles.

What factors influence the decision of the court

The decision to determine the child's place of residence by the court is made after an analysis of the living conditions. Financial well-being is not considered a decisive factor. Even with a significant income gap between parents, there are cases from judicial practice when a judge ruled in favor of a less wealthy parent.

When considering a claim, the court takes into account the condition of the plaintiff's residence. To do this, it is necessary to attach to the case file an act of verification and assessment of living conditions. Such an act is drawn up by employees of the guardianship authorities. The following are subject to evaluation:

• general condition of the living area;
• sanitary condition;
• availability of amenities;
• Is there a separate room or space for children to practice.

The court, when making a decision on the place of residence of a minor child, takes into account not only the financial condition of the father and mother and the availability of housing. Be sure to take into account the relationship of children to each of the parents. The determination of the place of residence can be significantly influenced by the opinion of the child himself, if he has already reached the age of ten. If the issue of residence of children under ten years of age is being decided, their opinion may also be asked, but it will not be a decisive moment.

An examination of the psychological state can be carried out to determine attachment to one of the parents. Often an examination to determine the place of residence of a child is the most the right way determine the motives of both parties. In addition, children under stress cannot adequately assess their desires. Expertise will help in solving this problem.

Thus, in order to determine the place of residence of the child after the breakup of the family, a certain procedure is established by law. In order to achieve a positive decision on the claim, it is necessary to carefully prepare the evidence and present the facts in court.

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Often marriages between spouses break up. This process is complicated by the presence of minor children, when it is necessary to determine with whom the minor will live, as well as the order of his communication with the second parent.

Categories of disputes

This lawsuit belongs to the category of disputes arising from family relations. Often, this requirement is not considered separately, but is presented in conjunction with a claim for the dissolution of a previously concluded marriage.

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This controversy arises when when parents were unable to reach an agreement on their own about how the place of residence of the child will be determined or there was an agreement, but the child is in danger, he is not properly brought up and cared for.

Where to begin

Before filing a lawsuit to determine the place of residence of the child, you need to try to resolve the conflict yourself by entering into a settlement agreement with the other parent. If this is not possible, an application must be made to the judicial authority.

Important! If the child is already ten years old, then his opinion will be heard by the court. Therefore, it is necessary to talk with the child and understand with whom he really wants to live. If he is already 14 years old, his opinion will play a decisive role in determining the place of permanent residence.

You also need to collect and prepare an evidence base:

• in the form of documents, conclusions of guardianship authorities, testimonies of witnesses, which would indicate that it is with this parent that the child will be more comfortable;
• you can also provide a certificate that determines the income, which proves that the child will live in more favorable conditions.

Where is it filed (jurisdiction)

Before filling out an application to the court, it is necessary to determine which institution it needs to be submitted to. Application can be made both at the place of residence of the defendant and the plaintiff. This provision was indicated in the Review of Judicial Practice of the Supreme Court of the Russian Federation. Such disputes may be considered.

As a rule, at the place of residence of the plaintiff, such claims are filed when the child lives with him. All this is aimed at protecting the rights of the child. If he lives with the defendant, it is recommended to file a claim at his place of residence.

Thus, it all comes down to the fact that the jurisdiction for filing a claim of this kind is determined by the place of residence of the minor himself.

State duty and documents

The duty is understood as a mandatory payment credited to the state treasury, the payment of which is a prerequisite for certain legal actions against a citizen.

Important! Disputes about determining the place of residence of a child are not subject to state duty.

In order to file a claim, you must provide the following documents:

• child's birth document;
• parent's passport
• documents that have the force of evidence: certificates, contracts, conclusions, etc.

What is taken into account by the court

1. First of all, the opinion of the child is taken into account. However, this does not always happen. The minor must be over 10 years. His opinion is not binding, but is still heard and taken into account.
2. If the juvenile at the time of the proceedings turned 14 years, then his word is decisive in determining the place of residence.
3. The court will also take into account:
   • lifestyle of parents;
   • their wages;
   • the conclusion of the guardianship authorities in respect of each of them.

Arguments for living with mother

Today, there is an unspoken presumption in the judicial system of the Russian Federation, according to which the place of residence of a child is determined by the place where his mother lives. Therefore, in this situation, the mother only needs to lead a decent lifestyle and have a permanent job. Then the court will take her side and establish that the child should live with her.

Arguments in favor of living with the father

A court decision on the residence of children with their father is a rather rare phenomenon, however, such cases also take place:

1. The father needs to prove that the spouse behaved immorally during the marriage and after its dissolution did not change her behavior. Such immorality may consist in the use of alcohol, drugs, child abuse.
2. You can also refer to the mother's lack of earnings.
3. Witness testimony also plays an important role. It is possible to involve neighbors, the district police officer and other persons who could confirm that the residence of the mother with the child is not safe.
4. Testimony of relatives is also allowed, but they should not be interested in the outcome of the case. Witnesses are warned of liability for giving unreliable or deceitful testimony.

How to make a claim for the determination of the place of residence of the child

The claim must be in writing. It is also possible to submit an application through the public services portal on the website of a particular court. The claim can be sent both by the applicant himself and by his representative, whose authority is supported by a power of attorney.

The claim must include:

1. Name of judicial body, address and index.
2. Name of the applicant and the person recognized as the defendant, their place of residence.
3. Description of the problem with reference to evidence.
4. The pleading part, where it is indicated point by point what the plaintiff wants to receive in the end.
5. List of attached documents.
6. Date and signature.

• the child is under 18 years of age;
• The plaintiff was not in relation to the child.

Evidence attached to the claim must be true and reliable. Both copies and originals of documents may be attached. A receipt for payment of the mandatory fee is not required in this category of dispute.

Sample 2019

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1. The claim must indicate when the marriage was concluded and the date of its dissolution. For the reliability of this information, you need to refer to the corresponding entry in the book of acts of civil status.
2. It should be noted that an agreement on determining the place of residence of the child was not reached or was, but it is not observed by the defendant. The plaintiff must give reasons why the child would be better off with him.
3. In order for the claim to be drawn up competently from a legal point of view, it is necessary to refer to the articles of the laws governing these legal relations (Civil Code, Family Code) and briefly disclose their content. This entry should be before the pleading part.

Counter claim

In this category of disputes practically does not apply. This is due to the fact that the counterclaim basically covers only the monetary claims of the plaintiff against the defendant. However, within the framework of these legal relations, the defendant may issue, while providing evidence of their correctness.

This legal action is similar to that applied exclusively in the arbitration process. An objection can be decisive if it is supported by truthful evidence and an indication that the plaintiff is lying.

Enforcement of a judgment

The court in this dispute may make one of the following decisions:

• leave the child with the mother;
• determine the location of the child together with the father.

Regardless of the decision made by the court, the execution of the court decision is carried out after its entry into force. To do this, you need to take into account the time allotted by law for appealing the decision. The legislator for this category of cases introduced reduced terms for the entry into force of a court decision - 10 days.

Contribute to the execution of the court decision guardianship authorities. It is they who monitor whether the child's move has been carried out. In the event that a minor is illegally with a parent, the guardianship authorities, together with the police, can forcibly remove the child and send him to the citizen with whom he is obliged to live.

If the child’s opinion was not taken into account, and he does not want to live with the parent that the court has determined, then you can file a second claim, but already in the order of appeal, cassation and supervision. During the time allotted for appeal, the child must live with the person who was determined by the court of first instance.

Then the divorce takes place in the registry office, and the child remains to live with the parent who initiated the dissolution of the marriage. What determines the child's place of residence As a rule, after a divorce, a husband and wife leave.

Who will the child live with?

Either with dad or mom.

But the fact that a child lives with one of the parents does not mean at all that the other parent is deprived of the right to educate and financially support him.

Deprivation of parental rights

Simple. In such cases, there is a 100 percent evidence base that the parent being deprived should be deprived of them. These are documents proving the abuse of a child and violating his rights.

The cost of a lawyer's services is from 3 thousand rubles.

Complex. In such cases, it is necessary to prove that the defendant commits illegal acts or omissions in relation to the child.

1 st.

333.36 of the Tax Code of the Russian Federation, when considering cases on the protection of the rights and legitimate interests of a child, plaintiffs are exempted from paying state fees.

It is quite obvious that the claim for determining the place of residence of the child is aimed at protecting the interests of the child, therefore, the state duty for the requirements for determining the place of residence is not paid. The rest of the claims, which are filed simultaneously with the claims to determine the place of residence of the child, are paid without fail, for example, claims for divorce, for the division of property.

Determination of the order of communication with the child

In such cases, in order to guarantee the rights of the child and the parents themselves, it would be advisable to draw up an agreement on the procedure for exercising parental rights.

which will describe in detail the schedule of communication with the child of the parent living separately from him. If the parents did not come to such an agreement, then the determination of the procedure for communicating with the child (children) is carried out only in court.

The current judicial practice shows that the majority of minor children after the divorce of their parents remain to live with their mother, and therefore the courts most often determine the order of communication between the father and the child.

In the decision on determining the procedure for communication with the child, the court indicates the time, place, duration of such communication.

State duty determination of the place of residence of the child

Application for determination of the place of residence of the child

The ability of the father and mother to create the most favorable conditions for the child is necessarily determined, this includes a study of the schedule and working conditions, marital status, material wealth, housing and living conditions. Be sure to take into account the opinion of the child after reaching the age of 10 years.

Thus, when drawing up a claim, it is necessary to pay attention to the circumstances that characterize the plaintiff in a more favorable light than the defendant.

Statement of claim on the procedure for participation in the upbringing of a child

The parent with whom the child lives may also come up with such requirements in order to streamline meetings with the child of the other parent.

When resolving issues related to the upbringing of children, the court will proceed from the age of the child, taking into account the state of health, attachment to each of the parents, the child’s daily routine, the remoteness of the parents from each other, the availability of opportunities to provide the child with a place to sleep and rest ( if a request is made to leave the child for the night). In view of the foregoing, the statement of claim should indicate in as much detail as possible about the possibility of providing the child with the most favorable conditions in the course of communication.

State duty determination of the place of residence of the child

The employee has the right to change the credit organization to which the wages are to be transferred by notifying the employer in writing of the change in the details for the transfer of wages no later than five working days before the day of payment of wages.

The place and terms of payment of wages in non-monetary form are determined by a collective agreement or an employment contract. Wages are paid directly to the employee, unless another method of payment is provided for by federal law or an employment contract. Wages are paid at least every half a month on the day established by the internal labor regulations, collective agreement, labor contract.

For certain categories of employees, federal law may establish other terms for the payment of wages. If the day of payment coincides with a weekend or non-working holiday, payment of wages is made on the eve of this day. Holidays are paid no later than three days before the start of the holiday.

Entering into marriage, the couple dreams of living together a long and happy life. However, according to statistics, hundreds of thousands of Russian families break up every year. In the process of divorce, they have to not only decide on the division of property, but also choose with whom the children will live. If childless spouses divorce, the magistrate's court deals with the dissolution of the marriage. If there is a dispute about where the child will live, the divorce procedure takes place in the district court. He is also considering a claim to determine the place of residence of the child.

Why is it necessary to determine the place of residence of the child

When relationships come to a standstill and divorce seems to be the only way out, it is difficult for spouses to agree on which of them will be responsible for raising children together. In addition, the question of the place of residence of the child is associated with some financial consequences:

• payment of alimony;
• receiving benefits subsidies from the state;
• payment of social assistance, etc.

Which of the parents will be able to count on financial assistance depends on which of them will be recognized the right to keep the child.

In addition, the cooling of relations between spouses does not mean the loss of love for the child. A parent may be so attached to the baby that he does not want to voluntarily cede to the other side his right to live with him. Therefore, both may be interested in officially establishing where the son or daughter will live.

The legislative framework

The current legislation provides not only for the procedure for determining the place of residence of the child.

According to paragraph 2 of Article 24 of the Family Code of the Russian Federation, in the event of a divorce, the spouses are required to decide where exactly the minor child will live.

One of the possibilities is contained in paragraph 3 of article 65 of this normative act - parents can decide on a choice by mutual agreement.

If they cannot reach an agreement, the right to assign a place of residence for the children is transferred to the court. In this case, you should adhere to the requirements established by law, for example, take into account the place of filing a claim, facilitate the work of guardianship and guardianship authorities (Article 78 of the RF IC and Part 2 of Article 47 of the Code of Civil Procedure of the Russian Federation), be prepared for a forensic psychological examination, etc. .

IN Family Code the right of the child to express his/her opinion on the choice of place of residence is also discussed (Article 57 of the RF IC). This applies to children over 10 years of age.

There are several exceptions to the procedure for determining the place of residence of children:

1. Deprivation of one of the spouses of parental rights.
2. Declaring a parent missing.
3. Conviction to imprisonment for a term of 3 years.

Under these conditions, the divorce process takes place in the registry office, and the child remains to live with the parent who initiated the divorce.

How to start determining the place of residence of the child

Most often, there are families in which the mother seeks to keep the child with her, so let's consider the general algorithm of actions from her position. It includes several stages:

1. First of all, you should try to negotiate with your spouse peacefully and draw up an agreement on the place of residence of the baby.
2. If the first step is not successful, use the help of guardianship authorities. To do this, you need to write a statement in any form with a request to help resolve the dispute with your husband.
3. Go to court and file a lawsuit to determine the place of residence of the child with the mother.

It must be admitted that judges are more sympathetic to mothers' appeals, especially if they are able to provide for the child financially and create favorable living conditions for him. To win the case, you should take seriously the preparation of the statement of claim and the collection of evidence in favor of the plaintiff.

How is the place of residence of the child determined in the event of a divorce?

As a rule, in most cases, the issue of the place of residence of the child is decided in court on the basis of the information collected about the parents. Often this applies to situations where:

• the former spouse is categorically not ready to compromise or give in;
• the plaintiff, for good reasons, considers it impossible for a child to live with former spouse(alcohol addiction, etc.);
• the life situation of the plaintiff or the parent with whom the child previously lived has changed.

Thus, a claim should be filed in case of any disagreement between the parents regarding the place of residence.

Voluntary parental consent

Sometimes the parties, taking into account the needs of the child, are ready to make a decision that would satisfy both. They take into account the requirements of the "Agreement on Children" contained in the Family Code of the Russian Federation, are ready to adhere to the procedure for payments for the maintenance of the child and take part in his life to the extent that this is determined by the agreement.

In the settlement agreement, you need to list all the points that will regulate relations with the child of the parent who has lost his “preferential right” to him (alimony, communication schedule, the possibility of traveling abroad). The document is drawn up in duplicate and signed by both parties.

An agreement can be reached both at the stage of preparation and during the court session. However, the judge may reject the settlement if the agreements reached by the parents violate the rights and interests of the child.

A settlement agreement has the same legal force as a court decision, so the law requires parents to strictly adhere to the conditions listed in it. If one party ignores the agreement, the other has the right to go to court with a second claim.

Determination of the place of residence of the child in the court

Most of our compatriots believe that if the court decides to dissolve the marriage, this automatically removes the issue of the child's place of residence. However, in this case, the court decides only on divorce; it does not have the right to intervene in issues that have not been put before it. To legalize the desire to keep the child, you need to file a separate claim in the prescribed manner.

In preparing for the consideration of the case, the court will first involve the guardianship authorities. After that, a court session will take place, during which the judge will analyze the evidence, the arguments of the parties and the opinion of guardianship officials. On the same day, parents will receive a court decision on determining the place of residence of the child. If the parent does not agree with him, he has the right to appeal to a higher authority within 30 days.

Procedure for filing a claim

As already emphasized above, the issues of dissolution of marriage and determining the place of residence of children can be resolved at one meeting.

The plaintiff can submit to the court a package of documents and a statement of claim in any way convenient for him:

• at a personal visit to the court on the day of admission;
• courier service;
• mail (registered mail).

How to file a claim

A well-drafted claim to the court to determine the place of residence of the child is one of the main conditions for a successful outcome of the case. This document should reflect in detail the current situation and justify your point of view.

When making this application, certain conditions must be met:

• written form;
• name and address of the court;
• the signature of the plaintiff/authorized person (lawyer);
• indication of the date of filing the claim;
• reflection of the essence of the situation;
• the presence of arguments in favor of the plaintiff;
• listing the data of all participants in the process;
• list of attached documents;
• a sufficient number of copies for all participants in the process.

Competent and weighty arguments set forth in the application will affect the decision of the court. To increase the chances of a favorable outcome, it is advisable to enlist the help of a lawyer.

What documents do you need to attach to the claim?

Statement of claim must be accompanied by a number of documents, including certificates:

• increasing the claimant's chances of obtaining the right to live with the child;
• indicating that the second parent cannot be entrusted with cohabitation with the child (certificate from the police, etc.).

How to file a counterclaim

When considering a statement of claim to determine the place of residence of a child, the defendant may file a counterclaim. In this case, both cases are considered at one court session.

Along with determining the child’s place of residence, judicial practice is replete with other categories of disputes, among which the main “directions” can be listed:

• disputes related to the choice of principles for raising children and educational institutions for them;
• parental rights in divorce;
• the right to see/communicate with the child;
• violation of the order of communication with the child;
• reduction of alimony upon detection of abuse by the parent of the right to spend them.

Each of these disputes may give rise to a counterclaim.

Is it possible to reclaim

The decision made by the court may be reviewed if conditions force either of the parents to file a second claim. This procedure should be resorted to if the life circumstances of one or both parents have changed (a different work schedule, the composition of the family has expanded). And, of course, it is worth initiating a review of the case if the parent living with the child has begun to take worse care of him, violates the agreements.

The court will analyze the new circumstances and, possibly, make a different decision. Practice confirms that if there are reasonable arguments, you can count on the satisfaction of a second claim.

Objection and appeal

The defendant has the right to raise an objection to the case under consideration. To do this, it should be drawn up in writing, indicating the same information as in the statement of claim.

You can make a protest after receiving notice of the filing of a claim and before the court decides on this issue.

Filing an objection allows you to officially declare your own position and intention to actively defend it. At the next meeting, the judge will announce whether this objection will be accepted or rejected.

In the text of the objection, you need to describe your own vision of the situation and comment on the evidence presented by the plaintiff. The main thing is not to ask or demand anything - these actions relate to filing a counterclaim.

Another opportunity to express your opinion is to draw up an appeal (disagreement with the court decision). It should be sent to the court that issued the unfavorable decision, from where the complaint will be transferred, along with the case file, to the appellate body.

Involvement of guardianship authorities in litigation

Without the participation of the guardianship body, cases relating to the interests of minors are not considered. The court will "launch" the process only by obtaining the opinion of a third party regarding the living conditions of the plaintiff and the defendant. At the same time, the court will weigh which of the parents the child will be best and safest with.

The judge may involve the guardianship authorities:

• immediately after receiving the application;
• in preparation for the hearing;
• during the proceedings.

Guardianship officials will compare the child's living conditions with those in which he will live if a decision is made in favor of the plaintiff. They will find out the position of each of the parents, talk with neighbors, caregivers or teachers in order to get a complete picture of the child's environment. The conversation with the child himself, his attitude towards his parents is also important.

What will be taken into account

Considering disputes between spouses, the judge will try to determine which of the parents will be able to create favorable conditions for the child to live and develop. In particular, the court will consider:

• where the child lived from birth until the parents divorced;
• whether the move will affect his development (whether he will be able to continue his studies, etc.);
• who took an active part in the life of the child;
• who has enough time and desire to deal with the baby;
• who is better able to meet the material needs of the child;
• personality traits of both parents, their way of life;
• with whom the child himself would like to stay.

During the hearing, the judge himself can find out the opinion of a child over 10 years old.

If the parent believes that the interview may cause discomfort to the child, the court will order a psychological examination.

Psychologists will try to find out the attitude of the child to each of the parents, with whom and how much time he spends, what emotions he experiences, etc.

Parents have the right to refuse to conduct an examination if they believe that communication with a stranger can injure the child. But it is possible that the court will consider this an attempt to hide important details of the case.

Is stamp duty paid?

On the Internet, you can find information that if the state fee is not paid when determining the place of residence of the child, the case will not be considered. In this case, the amounts of 200-300 rubles are called. However, some provisions of the Tax Code of the Russian Federation allow us to conclude that there is no charge for this service.

There is no fee for filing an objection.

Determination of the place of residence of the child: Video