A man is arranged in such a way that he needs a family for a happy life. Young people get married when they reach a certain age. After some time, they have children. Ideally, dad and mom live together. They provide children, give gifts, spend time playing games, go out on a picnic — in short, they don’t limit themselves in communication. In such a family, peace, love and joy reign. But everything can change dramatically if the parents divorced. It is in this situation that the problems begin. And one of them is determining the order of communication with the child. With a divorce, not everyone is able to resolve all issues peacefully. Often parents begin, in the literal sense of the word, to share the children. In addition, it becomes necessary to determine their place of residence with their father or mother.
Even with a divorce, both parents remain legal representatives, so each of them must participate in the life of the child. And if the children, for example, constantly live with their mother, then a certain time is selected for the father for communication. In other words, a schedule is drawn up. In judicial practice, this process is the most controversial. It is difficult for parents to agree among themselves, since they are still at the stage when everyone blames each other for what happened. That is why it is almost impossible for adults to come to a common opinion that will suit everyone. At this stage, the mother or father has to go to court with a lawsuit to determine the order of communication with the child. A sample of this document, particularities of filling out and a general algorithm of actions in such a situation is the main topic of this article. But parents should understand that resorting to this measure is necessary only as a last resort, since litigation will be negatively displayed on the children's psyche. It is best to forget about disputes and be guided by the interests of the child, and then difficult moments will be avoided. Willingness to hear the wishes of the former spouse will help save not only time, but also nerves.
When does the need arise?
Before you learn how to make a statement about determining the order of communication with the child, let us consider when it is urgently needed. In Russia, most couples face a similar problem only after the dissolution of the marriage. If the family has minor children, then parents need to determine both their place of residence and the ability to communicate with another parent.
The court can file a lawsuit only if the children have not reached the age of 14. At this age, they have the right to make decisions independently.
So, let's understand what is needed to determine the schedule of communication.
Who can file a lawsuit?
A lawsuit to determine the procedure for communicating with a child under the age of majority may be filed by both mother and father. It is precisely the parent who does not live with the children that needs this. This practice is widespread, as it helps to avoid conflicts that arise between spouses after divorce.
Not only father and mother, but also other relatives can seek communication with minor children. For example, if a grandmother is forbidden to see her grandchildren without good reason, then she also has the right to file a lawsuit. The same applies to grandfather. However, how are things in real life in Russia? What decision is most often made by a judge? Read the answers to these questions below.
Determining the order of communication with the child: judicial practice
Unfortunately, the law does not always take the side of the plaintiff, especially when it comes to grandparents. As practice shows, in such cases, the judge most often takes the side of the parents, who express a categorical position against communication. What can be advised in this case? It is advisable not to bring to court, since in the Russian Federation such a practice is ineffective. It is better to try to build a dialogue and resolve all disputed issues peacefully.
Most lawyers believe that the practice of determining how to communicate with a child (grandson) does not work as we would like. The court goes to meet the parents and in making the decision is guided by their rules. For example, legal representatives can not only limit the amount of time for communication, but also choose the territory in which meetings will be held. Unfortunately, many grandparents managed to “win” in court only 2 hours, and pay attention - this is not a week, but a month. And, what is most depressing, is the fact that parents may not comply with a court order and violate the communication schedule.
In real life, the decision to determine the order of communication with the child still does not give any guarantees. For a long time, many parents have learned to limit contact with minors, and quite legally.
But when a father or mother addresses a lawsuit, the situation is completely different. In this case, most of the plaintiffs managed to achieve a very specific solution. And most importantly, at the trial, the defendant is forced to execute the order. But it is important to know that even in this situation, one of the parents with whom the children live can make counter demands and achieve their satisfaction. The court will make a decision based on the validity of the requests.
Ways to determine the order of communication
Determining the order of communication with the child can occur in two ways. The first is by peaceful means. Lawyers believe that if parents can come to a mutual decision, then this will be an ideal option for both parties. In this case, legal representatives must contact a notary public. With its help, an agreement will be drawn up in which the following points are indicated:
- Child's place of residence.
- The order of payment of alimony.
- Schedule of communication.
- In what area will meetings with the child take place.
It is this agreement that will help resolve disputes that arise between former spouses. Most often, this method is used if the mother and father are open to dialogue and dispense with open conflicts. It is only in such relationships that they can discuss all issues and come to a decision that will suit both sides.
In real life, not everyone can negotiate peacefully. Most often, you have to go to court to determine the order of communication with the child. Themis takes a decision only after studying all the requirements that the parties make (legal representatives). The judicial authority determines not only how much one of the parents can communicate with the child, but where, how and when these meetings should take place.
Challenging a claim
The legislation of the Russian Federation allows people not only to submit applications, but also to challenge claims that have already been satisfied. It may happen that a court decision was made without considering any points that later became known. For example, father or mother abuse alcohol. Then one of the parents has the full right to challenge a satisfied lawsuit on determining the order of communication with the child. It is also possible to annul a decision that has already entered into force if its violations were recorded.
To challenge the court decision, the parent who lives with the minor child is most often appealing. There may be several reasons for this. Let's look at them.
- Violation of the principles of communication established by the court.
- If during meetings children are at risk, and it can be associated not only with physical injuries, but also with psychological ones.
- Some children categorically do not want to communicate with their second parents. Then the reason for such behavior is necessarily clarified and based on them, the decision to determine the order of communication of the child with the father / mother is reviewed.
- If the ex-spouse refuses to pay child support, then he may be prohibited from dating the child.
- If the court allowed communication with the legal representative, then he has no right to leave the child with other relatives during these meetings. After all, it is he who is responsible for him. Upon learning of this, the other parent may challenge the court decision and obtain a ban on communication.
Children interests
By and large, when submitting an application for determining the order of communication with the child, not the interests of parents, but children should be placed higher. This is done, first of all, to protect them. The judge, making a decision, is guided by the principles - do no harm and do not hurt. If it was proved that the plaintiff behaves inappropriately in the presence of the child, then he will definitely be denied communication. But if the children have reached 10 years of age, then their opinion will be taken into account in the judicial authority.
It is important that you file a lawsuit with the guardianship authorities before filing a lawsuit. What is this for? The employees of this organization check whether the rights of the child are violated, in what conditions he lives, how he is raised, if he is provided with everything necessary. The representative of the guardianship authorities will be heard by the court and the information provided by him must be taken into account before making a decision.
The main thing is to understand that if a child categorically does not want to communicate, for example, with his father, since he, when married, often beat his mother, then no one will force him.
How is it with teenagers
Determining the order of communication with a child who is already 14 years old is carried out in a different way. At this age, his opinion is heard at the court, then on the basis of what he heard, a decision is made to meet with the second parent. In addition, unlike underage children, a teenager can independently choose the days and time for communication, as well as what to do.
As a rule, in real life, parents who have children over 14 years old do not file a lawsuit with the court, since they themselves can solve these issues directly with their son or daughter. The second legal representative can hardly influence their choice. Therefore, we can say that adolescents themselves defend their interests.
How to file a claim?
The procedure for communicating with a child is determined only after submitting an application. How to do this is of interest to many. Unfortunately, in Russia the statistics are disappointing - there are quite a few families who divorce, having common children. So let's look at the sequence of actions. If you follow the instructions below, you can simplify the process of applying to the court as much as possible.
In order to achieve communication with your child contrary to the wishes of the second parent, you will need:
- Make a statement of claim. To do this, you can seek help from a lawyer or do it yourself, using the sample application for determining how to communicate with a child, presented below. It must necessarily describe the situation in the family and indicate the requirements.
- Collect documents. They must be submitted with the application. The list of documents may vary depending on who acts as the plaintiff.
- The lawsuit filed in court.
- Find out what day the hearing is scheduled and be sure to attend. If the plaintiff does not attend the hearing, his claim will be rejected.
- After making the decision, get a ruling on hand.
If you read this instruction, it may seem that getting in touch with your child will be quite easy. However, it is not. To file a lawsuit and submit documents is only half the battle. The plaintiff is likely to encounter difficulties during the trial, as he will need to assert his rights to meet with the child. Lawyers recommend collecting the evidence and presenting it in court, which may affect the course of the proceedings.
Financial expenses
Many people think that it will be expensive to file a lawsuit to determine the order of communication with the child, so they refuse to meet. However, making such sacrifices is not worth it, since this procedure is completely free. The legislation provides for a small state duty, but when considering claims of this kind it is not charged (Article 23 of the Federal Law and Article 333.36 of the Tax Code). However, if the plaintiff seeks help from lawyers (to make a statement or represent interests in court), then their services will have to be paid.
Drawing up a claim
As mentioned above, when submitting documents to the court, the plaintiff will need to draw up a statement on the determination of the procedure for communication with the child. A sample of a claim consists of certain points, therefore, when filling out, you must use the submitted copy. The main condition for the case to be submitted for consideration is a correctly and correctly drawn up document. For these purposes, the rules of conducting business correspondence are used. So, let's look at the key points.
The structure of the statement of claim consists of the following:
- Cap. It indicates information about the plaintiff and the defendant - their surname, name, patronymic, address of residence and registration. It is also necessary to write the name of the court and information about the guardianship authority (address and name).
- Document's name. Here it is necessary to briefly clarify what exactly the statement of claim is about. For example, on determining the order of communication with a separately living parent. You can also indicate that he is being prevented from dating his child.
- Main part. A short story that the plaintiff had a son or daughter from the defendant. Be sure to include your birth certificate number. Further information on divorce is provided. For example, on the basis of a court decision (name), a certificate was issued (series, number, by whom it was issued). Here, the plaintiff also indicates at what point they stopped living with the defendant.
- Requirements and wishes. According to Russian law, in accordance with Article 66, the rights of one of the parents were infringed. The plaintiff demands to appoint him the order of communication. You can specify wishes, for example, when and how much he wants to see his child.
- The list of documents attached to the statement of claim.
- Date, signature.
Having a sample, drawing up a statement of claim will not be difficult. Most of the problems can arise when collecting the necessary documents. And what is included in their list, let's look further.
What documents may be needed?
In order to file a claim for determining the order of communication with the child, you will definitely need to attach documents to it. Which ones are you talking about? First of all, the plaintiff will need a photocopy of the passport. Next - attach the certificates of all children who have not reached the age of majority, as well as a document confirming the divorce. Sometimes a court decision may be required. It does not hurt to take care of the evidence, which will indicate that the plaintiff is forbidden to see the child. In order for the court to verify this information, witnesses are invited, messages with characteristic content are attached, if any, then a video recording of the conversation with the ex-spouse is suitable. If the lawsuit states that the rules of conduct have been violated, then evidence must also be available. In their quality, a photo or video is suitable.
The plaintiff is advised to pay attention to the fact that the testimony is important. Often, it is they who become decisive in deciding on a statement of claim. The judicial authority trusts them more than photo / video filming.
Conclusion
The material presented describes in detail how to file and file a lawsuit with one of the parents in order to meet with their child. In principle, implementing this task is not so difficult. But it is better, of course, not to bring the matter to court, but to peacefully resolve all disputed issues.