Divorces are considered widespread in Russia, as many families break up for numerous reasons. Often citizens have joint children, so they decide on how to communicate with the child after the divorce by both parents. The procedure can be decided peacefully or through a court. Often, citizens do not even follow a court decision, which leads to bringing them to justice. Therefore, you should understand what are the rules for communicating with the baby.
The right to communicate
The child cannot have ex-parents, therefore, he needs to communicate with both mom and dad. Therefore, it is necessary to establish the optimal order of communication with the child after a divorce. Most often after the dissolution of the marriage, children remain with their mother, so it is decided how often the kids will be able to see their dad.
The child has the right to see both parents, therefore, only the court can impose a ban on communication if there are good reasons. In addition to parents, other close relatives who are represented by grandparents, uncles and aunts, as well as sisters and brothers can count on communication.
Most often, citizens have to go to court to establish the procedure for communicating with a child after a divorce. Judicial practice shows that usually children remain with their mother, but there are certain cases when even the father is engaged in parenting. This usually happens if a family has several children, so some stay with their mother, while others live with their father.
Communication is represented in different ways of communicating with a child, so this includes:
- personal meetings;
- joint rest in other regions of the country or even in another state;
- attending various events and public events;
- correspondence in various ways;
- talking on the phone or using other devices.
The parent with whom the baby lives does not have the right to interfere with such interactions, unless otherwise provided by a court decision.
Use of verbal agreement
Rather rarely, good relations are maintained between former spouses, but in practice such situations occur. In this case, citizens decide independently what order of communication with the child after the divorce will be used. This takes into account some features:
- it is allowed not to draw up written agreements, therefore all issues are resolved orally;
- the interests and desires of the minor are taken into account;
- specify the days of the week and the number of hours during which dad will be able to communicate with the child.
A significant minus of the verbal agreement is that the parents may quarrel in the future, so one of them will violate the established rules. In this case, it will be impossible to prove in court that the previously agreed agreement is violated, since there are no official documents. Therefore, under such conditions, in any case, you will have to go to court to draw up the correct schedule for communication with the baby.
Drawing up a written agreement
If there are fairly good relations between people, then they can independently decide what the order of communication with the child will be after the divorce, but it is advisable to fix all the decisions made, for which a special written agreement is drawn up. When forming this document, the nuances are taken into account:
- Important information for each parent is entered.
- even with such a document, it is likely that there will still be conflicts between parents in the future, but at the same time in court this agreement can be used as evidence of the unlawful behavior of one party;
- it is not required to use the services of a notary to certify such an agreement;
- it is advisable to notify the guardianship authorities about the preparation of the document so that the specialists of this institution are convinced that it does not contain information that violates the rights of the child;
- an agreement is formed in duplicate, each signed by both the mother and father;
- the meeting places with the baby are necessarily included, which can be provided by the apartment where he lives, or neutral places;
- it is prescribed whether the presence of both parents at meetings is required;
- appointed the most convenient time for meetings;
- It takes into account how long such a meeting will last;
- Other significant issues are discussed separately, which include the opportunity to spend a joint holiday or to stay with the child with an overnight stay with dad.
With a peaceful resolution of the issue, a procedure for communicating with the child after a divorce is convenient for both citizens. A sample agreement between parents can be found below.
To compile this document, the free form is used, so parents can enter completely different information. Under such conditions, the establishment of an acceptable procedure for parents to communicate with the child after a divorce is guaranteed. A sample agreement will allow you to correctly compose this document, so it can be used in the future in court as evidence of a violation of the terms of the document by any party.
Going to court
Most often, after a divorce, there is not a very good relationship between citizens, so they cannot decide in a peaceful way with whom the child will remain. Between them regularly conflicts and disagreements arise, so they are forced to go to court to determine the order of communication with the child after a divorce. The court takes into account exclusively the wishes and interests of minors, therefore, a schedule is often drawn up, which is not too convenient for parents.
Features of attracting a court:
- it is advisable to apply to the court not only in a situation where citizens cannot reach a compromise, but also when one of them violates the points contained in a written peace agreement;
- representatives of guardianship are surely involved in the trial;
- the court takes into account the living conditions of each parent, therefore, a survey is carried out with respect to their housing, on the basis of which an inspection report is drawn up;
- the lawsuit may indicate not only the order of communication of the child with the father after the divorce, but also the possibility of meetings with other close relatives;
- the court additionally establishes restrictions on the time during which the parent can communicate with the minor.
Usually, the application is submitted by the father who wants to see the children. Filing a lawsuit is required at the place of residence of the defendant. The document should be submitted to the district court, since it is he who establishes the order of communication with the child after the divorce. A sample claim can be studied below.
It is allowed to apply to the court at the place of residence of the plaintiff if the citizen has certain health problems or young children, so he is physically unable to come to another city for a hearing.
The father most often acts as a plaintiff, as mothers are often forbidden to ex-husbands to meet with children.
How to make a lawsuit?
Most often, citizens have to go to court to determine the rules for communicating with children. Therefore, a statement of claim is made. The following data is entered into it:
- name of the court to which the application is submitted;
- information about the defendant and the plaintiff;
- a specific situation is described;
- the requirements of the plaintiff are presented, which can be represented not only by establishing the optimal order of communication with the child after the divorce by law, but also the desire to see the other relatives of the father may fit in with the baby;
- It is advisable to indicate the need to determine the hours during which the meeting with the child will take place;
- the date of the statement of claim is indicated;
- it is allowed to enter other important information, for example, that earlier an oral agreement was reached by the parents, but the mother does not follow his requirements.
Compiling this document is quite simple, and if necessary, you can use the help of a lawyer.
What documents are attached to the claim?
The claimant is required to attach various documents to the claim. Most often, when determining the order of communication of the child with the father after the divorce, the following documents are applied:
- duty receipt;
- copies of the statement of claim intended for the mother of the child and representatives of the guardianship authorities;
- copy of the birth certificate of children;
- divorce certificate;
- a certificate containing information about where minors are registered;
- characteristics of the defendant from the place of work;
- evidence that the mother interferes with the father’s visits with the children, and they can be represented by videos, testimonies of witnesses or audio recordings;
- if previously a written peace agreement was drawn up between citizens, then it is also applied to the lawsuit.
The more evidence the applicant makes of his case, the higher the likelihood that the court will take his side and designate the opportunity to see the child quite often.
What factors are considered by the court?
Litigation is considered a complex process, as the court requires a lot of information from the parents. Information gives him the opportunity to understand how to correctly establish the order of communication with the child after a divorce. Both parents and other relatives have the right to date.
In practice, most of these claims are satisfied, so the court allows the father to communicate with the children. Refusal is allowed only in a situation where the mother has evidence that communication with dad can harm the health or life of a minor.
The court must consider the factors:
- whether communication with the father was previously prohibited;
- whether the minor himself wants to meet with his father and his relatives;
- how parents relate to the child, as well as what moral qualities they possess;
- what is the age of the child;
- whether the baby is healthy;
- whether parents have other families;
- what is the financial situation of mother and father;
- where parents work.
Without fail, the court considers the opinion of the child if he is already 10 years old. At the same time, experienced psychologists are involved in order to understand whether the mother does not influence the decision of the minor. Before determining which order of communication with the child after the divorce will be used by law, the living conditions of both parents are certainly evaluated. Meetings with the father are not allowed to cause any harm to the minor or interfere with his studies, sports or additional training.
After studying all the factors, a decision is made regarding the order of communication with the child after the divorce. Judicial practice shows that if there are no dangers, then the father can meet with his children regularly.
When can a claim be denied?
There are certain situations when a father who acts as a plaintiff is denied claims. For this, the court must have good reasons, which include:
- different measures of physical violence were used by the parent in relation to the child;
- during meetings with a minor, the plaintiff was drunk or was intoxicated;
- various insults were sent towards the mother from the father during the meetings;
- there is evidence of the immoral behavior of the plaintiff.
The court considers all evidence from an objective point of view, after which an optimal decision is made. If necessary, an examination may be appointed.
The nuances of creating a schedule
If, on the basis of a court decision, communication with a child is allowed after a divorce by law, then a schedule of meetings is certainly drawn up. Often, it is the plaintiff who draws up this document, after which he is attached to the lawsuit.
The document must include information:
- what days are scheduled to meet;
- how many hours will last dates;
- can a father take a child on vacation;
- what methods of communication with a minor can be used by a father;
- whether unplanned meetings are allowed.
Such a schedule may be amended by the defendant. The court takes into account the requirements and wishes of each party, but the interests of the child are considered priority. Additionally, representatives of guardianship authorities may influence the content of this document.
What information is included in the schedule?
It is the schedule that establishes the procedure for determining communication with the child after the divorce. It must include information:
- information about both parents, submitted by their F. I. O., dates of birth and data from passports;
- lists all days of the week when a father can meet with children;
- the duration of such visits is indicated;
- The conditions on which communication should be carried out are entered;
- places where meetings will be held are included;
- The consequences of a failed meeting are listed.
At the end of the document, information is left that the schedule can be changed by the parties, for which parents will have to draw up a special agreement. It is usually indicated that the father can see the children on weekends or holidays, and can also pick them up for the holidays.
At the time of scheduling, the employment of minors at school or other institutions is taken into account. Parental divorce should not in any way affect the development of babies.
Consequences of violation of court requirements
After a court decision is made, a schedule is formed that both parents must follow. But often in practice these requirements are violated, which leads to the fact that the offender is brought to administrative responsibility.
By a court decision, a child can be transferred to his father for permanent residence at his home, if the mother poses various obstacles to their communication. For this, the interests of the minor are taken into account, therefore the court is interested in his opinion if he is older than 10 years.
If the mother does not allow the father to see the children even with a court decision, then a fine is imposed. Often, men have to re-apply to the court, which leads to a review of the decision as to where the children should live.
Conclusion
The divorce of people who have children in common is considered a specific process, since it is important to determine with whom minors will remain, what alimony will be paid, and also on what conditions the father will communicate with the children.
All issues can be decided by direct citizens, for which an oral or written agreement is used. If the former spouses cannot reach a compromise, then they will have to file a lawsuit. Based on the decision of the court, a schedule of meetings is formed, which parents must strictly follow. In violation of the requirements of the court, citizens are held accountable.