Unfortunately, divorces in our country are not uncommon. Once loving people who dreamed of living in peace and harmony, can not withstand family pressures and decide to divorce. Drawing up a lawsuit on the severance of marriage is not something extra heavy and inaccessible for writing and submitting it to the judicial authorities. It is a completely different matter if there are minor children in the family and it is necessary to resolve the issue of their further residence by submitting a statement of claim about determining the place of residence of the child.
What does the law say?
Family law provides men and women with equal rights to raise their juvenile offspring. The conventional wisdom that children are always left to their mother is wrong. Of course, most of the court decisions will be in favor of the woman, but there are reasons for this in each case.
How to make a lawsuit?
It is better to file a lawsuit with a lawyer or attorney practicing on family law. Because as soon as he knows many of the "pitfalls" and the tricks of litigation. He knows how to competently build a position leading to a winning result for the principal. For those who do not have the time to seek qualified help, the article will help and tell you how to correctly and independently draw up a document. A sample of the claim is given in the article. Following it, it is easy to draw up a completely acceptable document for submission to a judge for consideration.
The general template of the claim for determining the child’s place of residence is as follows:
- First, the name of the judicial authority is written;
- Further, the name of the parties to the case (plaintiff and defendant), their registration address and place of residence, data of their representatives;
- name of the third party - guardianship and trusteeship, its location;
- a statement of the circumstances why the presence of the child with the defendant is a threat to the child;
- justification why the child is better off with the plaintiff;
- list of documents;
- date of claim and signature of the plaintiff or his representative.
What documents must be attached to the lawsuit?
Statement to court the parent about determining the place of residence of the child is sent to the court at the place of residence of the plaintiff or at the place of residence of the defendant. The choice of court remains at the discretion of the plaintiff.
Documents are evidence by which the plaintiff substantiates his position as to why a child should live with him. Everyone has their own situation, individual, so the exact list of documents does not exist.
Something like this could be:
- statement of school teachers, kindergarten teachers;
- statements from neighbors and relatives;
- conclusion of neurologists, psychotherapists;
- the conclusion of the school psychologist;
- the conclusion of the pediatrician;
- the conclusion of the guardianship authority and the act of examining the living conditions;
- certificates from the place of work, characteristics.
A child with a father: why not?
What needs to be indicated and how to draw up a statement of claim on determining the child’s place of residence so that he remains with his father?
When making a decision in favor of one of the parents, the court proceeds from the interests of the children and takes into account the following:
- the reason for the divorce of the parents, their relationship;
- lifestyle and behavior of father and mother;
- the ability to provide a decent level of development for the child;
- ability to provide for a child financially;
- which parent the child is more attached to.
The opinion of a child who is over ten years old is taken into account.
Therefore, to increase the chances that the child will remain with his father, it is necessary to collect evidence as accurately as possible, based on the above criteria. The following is an example of a statement of claim regarding residence. Using the above model, the father can independently defend his right to live with him.
The statement of claim on determining the place of residence of the child (model)
You can make a lawsuit as follows:
In _____________________ the court of Simferopol
Claimant: Ivanov Sergey Petrovich
(registration and residence address)
Defendant: Ivanova Maria Ivanovna
(registration and residence address)
Guardianship authorities
(full name, address of location)
The statement of claim on the determination of the child’s place of residence
On June 20, 2000, the defendant and I entered into a marriage. From marriage there is a minor child, Ivanov Valery Sergeevich, born on 05.20.2002.
Since May 10, 2012, the marriage between us has virtually been terminated; joint farming is not conducted. The minor child is currently living with the plaintiff.
I believe that the defendant is not able to provide normal conditions for raising a child, cannot satisfy his needs. Abuses alcohol and leads an antisocial lifestyle. The climate in the family is negative due to this circumstance.
My income level and financial situation allow me to provide decent living conditions for my son, there are all the necessary conditions for his development.
In accordance with the RF IC, the place of residence of children, if the parents live separately, is established by agreement between them. If none is available, the dispute shall be settled by the court. When making a decision, all the circumstances of the life of the family and the personality of each of the parents, the attachment of children to one of the parents, their age, opinion and other circumstances are taken into account.
Guardianship authorities believe that it is better for the child to live with his father.
Based on the foregoing, guided by family and civil procedure legislation,
I beg:
Determine the place of residence of Ivanov Valery Sergeevich May 20, 2002 with me at my address of residence.
Applications:
Copy of the claim
Copy of birth certificate
Copy of certificate of ownership of housing
Copy of the appointment order
Certificate of earnings
Characteristic from the place of work and at the place of residence of the plaintiff
Characteristic per defendant
Custody
Conclusion of a neurologist
The conclusion of the school psychologist
Statement by school teachers
08/05/2013 signature
Participation of guardianship authorities in litigation
Considering the statement of claim on determining the child’s place of residence, the court is obliged to involve custody and guardianship. The officials of this body conduct an examination of the living conditions of the plaintiff and defendant, draw up an act that is submitted to the court, and also draw a conclusion with which of the parents the child will feel better. The absence of this body in a case is a gross violation of the rule of law.
The criteria by which the court works
The court considering the case is guided by data characterizing the identity of the parents, their ability to create normal conditions for the development of children, as well as existing relationships in the family, and the ability to ensure communication between the child and the second parent and relatives. Takes into account custody.
How is the trial going?
The trial is held in court with the participation of all parties and third parties. Parties must prove the circumstances to which they refer, provide all available evidence. If there are difficulties in obtaining documents, you can ask the court to request them.
The article indicates the main points that should be paid attention to when compiling a lawsuit on determining the child’s place of residence. A sample document is also present.It can also be found in specialized books or at the court stand. The main thing is to collect a full package of documents and correctly compose a statement.
