How can a minor child be discharged from the owner’s apartment - to nowhere, registered in another, upon sale, divorce, through the court (procedure, conditions, sample documents)

How to discharge a minor child from an apartment: basis for the procedure

• purchase and sale, exchange of apartments;
• actual absence from the place of registration;
• divorce of spouses;
• changing of the living place.

How to discharge a minor child from the owner's apartment ?
For each event there will be a separate algorithm for deregistration. The main point remains guaranteed alternative housing. But if we are talking about how to remove a minor child from an apartment during a divorce, then even if there is paternal and maternal living space, they will compare the square footage, living conditions, distance from kindergartens, etc. On this basis, a decision on formal eviction will be made.

The nuances of evicting a minor from the owner’s apartment

Law No. 5242-1, as amended in 2020, establishes the obligation of parents to register their child. The board of trustees must control the situation in which children are assigned to a certain region of the Russian Federation. In this regard, the eviction of a minor has various nuances.

Check-out and registration to another apartment

To discharge a child from an apartment and register him in another area requires the owner of the premises to prepare documentation and go to the Federal Migration Service to submit a written appeal.

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• application;
• birth certificate;
• parents' identity documents;
• departure or arrival sheet.

Additionally, you need to obtain the consent of the second parent if the spouses have undergone a divorce procedure and the child is not yet fourteen years old. This form of permission requires contacting a notary office. In the absence of a husband or wife for objective reasons (death, deprivation of parenting rights, incapacity), an act should be sent indicating this fact.

In the case where the parent’s place of residence is unknown, the second guardian must create an explanatory note detailing these circumstances.

When they reach the age of 10, children independently decide whether to move with mom and dad or not. That is, it is required to obtain consent in situations where a change in permanent residence will greatly affect their life. As a rule, this means changing schools, but in practice such measures are used in isolated cases.

How to register a minor when selling – rules and nuances

The discharge of a minor child from an apartment upon sale is carried out through the passport office. In this situation, the issue can be resolved in two ways - before the transaction and after. As a rule, when buying a home, the new owner wants to get a “clean” property, so the previous residents must carry out this procedure independently.

However, such events will have to be repeated if the buyer suddenly changes his mind about signing the contract, so the old owner needs to register again.

Thus, sellers often try to postpone the deregistration processes until the transaction is concluded, because Russian legislation clearly establishes the period when this must be done. If, due to a number of circumstances, it was not possible to complete the act on time, then for each day of delay a penalty is charged, which must be stated in an additional agreement or included as a clause in the purchase and sale agreement.

Step-by-step instructions on deregistering a child when selling a property:

• an application is drawn up and sent to the passport office at the new address of residence;
• the owner’s passport is attached, which contains a note about family ties with the children;
• birth certificate;
• certificate of ownership of the premises.

All documentation is submitted only in the original.

Evicting a child from an apartment to nowhere

In 2020, in accordance with the adopted update of the Housing Code of the Russian Federation, it is impossible to discharge a child from an apartment to nowhere. If such a situation arises, it can be protested through the judicial authorities.

How can an owner discharge a child?

At the same time, the mother and father who gave permission to hold such an event will be held accountable under the Code of the Russian Federation and will be required to pay penalties. Parents are required to register children who were illegally evicted from their living space at a new address within 2 working days.

Until a child turns fourteen years old, he has the right to live with his guardians at their place of registration.

Extract from a municipal apartment

A simple option for removing children from a municipal property is to send documentation to the court indicating that it is impossible for the child to live on the square. As a rule, eviction from a service apartment is due to the fact of non-occupancy.

The evidence base is provided by certificates from a preschool educational institution, secondary school, hospital, etc. In the case where children continue to live with their parents in a municipal facility, it is necessary to justify the extract with a new registration address.

From privatized housing

In this case, a child can be evicted on the basis of two schemes - registration was carried out before privatization or after. The main reason for deregistration from such an apartment is the deregistration of persons acting as guardians of children, for example, grandmothers.

The second scenario, in which they first decided to privatize the property and then register the children, implies the provision of another premises with similar living conditions - the requirement is mandatory.

Otherwise, the board of trustees may prevent the move. Therefore, you need to consult with the guardianship authorities in advance and present papers including information about the new address. In such a situation, the supervisory authority will be able to give permission.

However, if there are problems with the new housing, then the situation can be resolved. For example, a one-room property is purchased for a family of three members. It is necessary to register the right of ownership to the mother or father, as well as to the children. This approach will make it possible to formally increase the square meters due by law to adolescents.

Consent from the board of trustees must be obtained in written format.

If the child is the owner

It is permissible to discharge a minor child from an apartment upon sale in the case where he is the owner, subject to the following regulations.

1. Visiting the board of trustees to obtain a written certificate to remove children from registration. To obtain a permit, you will need to obtain a certificate from the passport office indicating the number of people living in the house. Additionally they present:
   • certificate of ownership of the premises that will be sold;

   technical passport of two objects - sold and purchased;

2. documents indicating the identity of the father and mother;
3. birth certificate;
4. statement.

The period for consideration of the appeal by the guardianship authorities is 2 weeks.

5. Once permission has been received, you must sign a contract for the purchase and sale of private housing. Then the procedure for transferring ownership rights to the new owner is carried out.
6. The next step is to remove the children from the property. Guardians or parents visit the FMS office with the following documents:
   • relevant application;

   identification documents;

7. birth certificate;
8. written consent of the board of trustees;
9. certificate for a new residence.

Legal representatives are required to fill out applications on behalf of children under 14 years of age. If the child is larger, then he writes it in his own order. Next, a departure slip is generated. Within three days, the passport office will analyze and verify the submitted papers, and complete the discharge procedure.

10. Now you need to register the child at a new address. In this case, you need to visit the Federal Migration Service again. The composition of the documents is similar. The only addition is the departure slip.

At the same time, you should fill out an arrival form and wait for the documents to be analyzed. Registration will be completed within three working days.

In case of divorce

In accordance with Article No. 38 of the Russian Constitution, every person is entitled to certain housing. No one is authorized to expel a citizen onto the street on his own initiative (Article No. 40, Part 1).

In the case when spouses file for divorce, and one of them is deprived of authority to use the area for residence and he is not the owner (Article No. 31, Part 4 of the Housing Code of the Russian Federation). It is possible to establish different rules between an ex-husband and wife.

However, after the dissolution of the union, children together do not lose their legitimate interests in living in the apartment. In addition, the regulations establish that it does not matter who the owner is. Although there are different precedents, it is still not easy to discharge a child.

If, during the divorce of parents, a minor is registered as the owner of the property or a shareholder, then he must be provided with living space in accordance with his share.

Protection of children's rights

Despite frequent reasons for deregistration of a resident and the absence of obvious intent to infringe on the rights of a child, it will be necessary to prove the painlessness of the procedure for small residents.

The Constitution and family law of the Russian Federation strictly monitor any violations of the fundamental rights and freedoms of children. In particular, they give a citizen under 18 years of age full rights to the living space in which one or both parents are registered. Compliance with this provision lies with the guardianship and trusteeship authorities (TCA). Therefore, any action regarding the discharge of incapacitated children will have to be defended.

Legal provisions

The Constitution of Russia and the RF IC are guarding the observance of children’s rights to housing. In accordance with legal provisions, persons under the age of majority must live with their mother and/or father or with a guardian at their registration address. In addition, the son or daughter has the rights to claim the property.

Representatives of children must carry out the registration procedure in their own area or in a municipal apartment in a similar place where they live independently. Supervision over compliance with this provision is carried out by the guardianship authorities in accordance with the Civil Code of Russia, in particular Article No. 20.

If mom and dad live and are registered at different addresses, the children must register at one of them. It is noteworthy that it is not necessary to obtain the consent of all tenants, as stated in Article No. 70 of the Housing Code of Russia.

Registration at the place of residence and coordination with other residents

Article 20 of the Civil Code of the Russian Federation prescribes the registration of children at the address of their parents. After birth, the newborn is secured in the living space of the mother or father. Coordination with other residents is not required.

This is also important to know:
Consent for a child to travel abroad: sample, documents for traveling abroad for a child with or without parents

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Articles on the topic

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• How to sell an apartment with a minor share owner

In the case of a social tenancy agreement, the landlord does not have the right to prevent registration on the territory of the property where the tenant family is registered. The owner can write a refusal to register, but not the baby, but his parents, citing a lack of square meters per resident. In rented premises, you also do not need approval for the registration of minors from other residents.

Deregistration from municipal housing: subtleties

Key points:

1. Discharge from municipal housing is possible if the child is provided with an equivalent place of residence - Article 20 of the Civil Code of the Russian Federation.
2. The procedure is carried out with the permission of the guardianship authorities.
3. It is impossible to remove a minor from municipal housing to a communal apartment (99% of courts refuse such a claim).

Instructions

First, you need to get a certificate of those living in the apartment from the passport office and a personal account from the accounting department of the passport office.

Next, the consent of the guardianship authorities will be required. Parents, together with the incapacitated person (if he is over 14 years old), need to visit this structure and write a statement. The following documents will be required for its consideration:

• certificate of registration in municipal housing;
• parents' passport;
• birth certificate;
• social rental agreement (or warrant);
• personal account;
• a document confirming the right to use new housing: a rental agreement or a certificate of ownership;
• technical passports of the old and new residence.

1. The application is written in hand by each parent indicating the place of new residence. If the child is 14 years old or older, he or she must fill out their own application form. In other cases, parents do this for him.
2. The appeal is considered within 14 days. During this period, the guardianship authorities check it for signs of infringement of the interests of the incapacitated party. If they were not detected, then a positive decision is made, that is, written permission is given to deregister.
3. You must go to the passport office with this document. In addition, you will need a social tenancy agreement or a certificate of ownership of the new property, parents’ passports, and documents for a minor. Within seven days, the Federal Migration Service authorities verify the accuracy of the data provided and issue a departure sheet.

Evicting a minor is a complex process. Such a decision is carefully weighed by both the guardianship authorities and the court. The law always protects the rights of children; it will not work to write them out for selfish purposes.

Basic steps when deregistering

You must contact one of the following institutions:

1. Federal Migration Service.
2. "My Documents" section.
3. Portal "Government Services" (online).
4. HOA or housing cooperative.

Parents are required to provide:

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• Information about residents from the house register;
• Passports of both spouses, as well as a child over 14 years of age;
• Property documents;
• Permission from a representative of the guardianship authority.

Parents submit an application to one of the above departments, where they fill out a departure form. After 7 days, you can pick up your documents and prepare a package for registration at your new address.

The approval of the OPP is not necessary if the child’s parents have no relation to the living space. Owners releasing a child must provide evidence of equivalent new living conditions. The guarantor will be the plan of a new apartment or a preliminary agreement for the purchase of living space. If the property has not yet been purchased, it is necessary to obtain a temporary registration, providing the address of the future place of residence.

Along with these documents, the following must be presented:

• An extract about the composition of those living in the previous apartment;
• Parents' ID cards;
• Child's birth certificate or passport.

After 2 weeks, the commission will make a decision.

Is it possible to discharge the mother of a minor child?

According to current legislation, a child can be discharged from the same living space only together with one of the parents or legal representatives. It turns out that the relevant authorities simply do not have the right to individually expel people from the apartment.

However, there is an exception to this rule: both parents were registered in the apartment, and the child was also registered there. In this case, one of the parents, for example, the mother of a minor citizen, can be discharged from the apartment. It turns out that the child, together with the second parent, will continue to be registered in it. The main advantage here is that there is no need to contact the board of trustees.

If you are planning to sell your home?

If the owner sells a residential property, then the rights of all residents to this property are canceled. It is easier to discharge capable citizens than residents under 18 years of age. How to sign a minor child out of an apartment when selling it so that the deal is not ruined by a refusal to deregister?

This is also important to know:
Peculiarities of regulating the labor of minors

Parents who have no claims to housing leave the apartment at the request of the owner. Accordingly, further registration at the minor’s registration address directly depends on the actions of the mother and father.

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Call: 8 800 511-39-66 When selling property by a mother or father, whose property is the object and the dependent registered on it, the owner must take care of the approval of the guardianship representatives.

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The legal owner needs:

• Request an extended certificate from the “passport office” about the composition of the apartment’s inhabitants;
• Write an application to the Department of Public Education for discharge;
• Find new housing for a minor or use temporary registration with relatives.

Important

If the PLO’s application does not indicate the specific address of the new place of residence, the deregistration procedure will be blocked.

It should be remembered that, by bypassing a visit to the guardianship department and having completed a transaction for the sale of real estate, you can initiate legal proceedings on the claim of social workers with the annulment of the transaction.

Procedure for the legal discharge of a minor

In order to discharge a child from the father’s apartment and register him with the mother, legal grounds will be required and an application must be sent to the FMS office or the passport office. The appeal is carried out by one of the parents or together.

When children have reached the age of 14, they are required to directly participate in the procedure. Next, a departure slip is issued and after 7 working days, documents with a new stamp are received. To register a child in another apartment, similar steps are required.

In addition to the departments of the Federal Medical Center and the passport office, the process of deregistering a minor child can be carried out remotely through the public services portal or the MFC.

Through State Services

When using the State Services website, documentation is submitted in electronic format, and the necessary application is generated on the portal. The only visit to the department is to certify the original papers specified in the application. After the inspection, the authority's staff will make a final verdict.

However, the service reserves the right to refuse to serve some citizens. This is due to the presence of debts to resource-supplying organizations or when a person living in an apartment building did not complete an extract from the house register on time.

Through MFC

In accordance with Article No. 3 of Federal Law No. 5242-1, the function of registering citizens is vested in employees of departments of the Federal Migration Service. In view of this, you can fill out and submit an application for discharge of a minor through the MFC. However, parents have no restrictions on the options for contacting them, i.e. if there is no agency office in the locality, then visiting the regional department is allowed.

Required documents

List of documents required to deregister a minor:

1. The application must be submitted to the Federal Migration Service or the passport office. Filled out by hand indicating full name, number and address of registration, date of document generation. Personal sighting. Three working days are allocated for consideration.
2. Applicant's passport.
3. Childbirth certificate if the child is under 16 years of age.
4. Military ID - when children are discharged with a father over 40 years old, it must be agreed with the military registration and enlistment office. The condition must be fulfilled, even if the person is not a military man. It is noteworthy that the ticket must include a stamp indicating completion of duty, deferment or ineligibility.
5. House register, when deregistration is carried out from a private home. The entry is made by an employee of the department.
6. Title documents for the property.

In a number of settlements, the submission of other documentation may be required, which will be reported to the Federal Migration Service.

How to discharge and register a child without the consent of the father (mother)

Rules for drawing up an application

If the minor has not reached the age of 14, the application is sent by the father and/or mother. In this case, the child may be absent. When a teenager is older, they submit the papers independently, but the consent of their parents or legal guardian is required.

In the Federal Migration Service

The application sent to the Federal Migration Service must contain information about the mother and father, as well as children under 14 years of age. A simple way to discharge a minor child is to register in a new apartment. This approach allows you to automatically remove a citizen from his old place of residence.

An example of an application for registration at the place of residence is available for download here.

To the guardianship authorities

In order to coordinate the relocation of parents and a minor child with the board of trustees, it is required to obtain written consent from the authorities. An application is submitted from the father and mother - the only exception is deprivation of parenting rights, death and being on the list of missing persons. In this case, a teenager over 14 years of age must be present at the meeting.

The application indicates a new address where the children will live temporarily or permanently, and also attaches additional papers. This is necessary so that the department receives evidence that minor citizens will not be kicked out onto the street, since the authority is obliged to protect the interests of children.

The following are provided as documentation:

• extracts about all residents using the area;
• passports of mother and father;
• birth certificate;
• a technical document containing information about the new premises where children will be registered.

The Board of Trustees will analyze the application, check the accuracy of the data and report the verdict within two weeks at an interview. The USZN inspector is invited to the meeting. After communication, permission or refusal is issued.

In the case when a family is going to move for permanent residence to another country, it is necessary to submit a certificate from the OVIR, since the situation determines the alienation of powers to use and own Russian real estate, including an extract.

Form-sample application to the guardianship authorities.

Statement upon divorce

There are some nuances to how to remove a minor child from an apartment during a divorce.

A child will be deregistered if:

• He is registered with his father, but actually lives with his mother. In this case, the court will oblige the mother to register the child with her.
• The owner of the apartment pays alimony.
• There are no financial obligations to the minor, but living conditions in another apartment are classified as more favorable.

The procedure for expelling a minor child from the owner’s apartment is similar to that for real estate transactions. To the mentioned list of papers you will have to add:

• Divorce certificate;
• Decree on alimentary obligation.

Does the owner have the right to expel a child from his apartment?

The legislation establishes the right of citizens to independently dispose of real estate. At the same time, the alienation of housing is carried out after deregistration of all those registered in it. It is not difficult to discharge children who have reached the age of majority. If this is the place of residence of persons under 18 years of age, the owner will face several difficulties:

• the discharge procedure must not violate the rights of the minor. If this fact is present, registration is restored;
• discharge of young children and adolescents is carried out in the presence of their legal representatives - guardians or parents;
• For a child under 14, only parents can sign papers;
• children aged 14-18 years old draw up documents in the presence of their representatives;
• if there are two parents, they both agree to change their place of registration;
• the issue of re-registration of children registered with relatives in the event of parental disagreement is decided by the court;
• Children under 14 years of age are discharged with their mother and father.

Read also: Procedure for establishing paternity

Due to the need for children to attend school, it is sometimes necessary to prove that the new place of residence will be in the same area. If this clause is not observed, permission from the guardianship authorities is required. The procedure applies to the child’s renunciation of property rights.

If the person is under 18 years of age

The owner must familiarize himself with the provisions of the law:

• Art. Civil Code - establishes that a son or daughter under 18 years of age can live only with their parents or with one of them;
• Family Code - determines the right of a minor child to live together;
• Housing Code - prescribes housing standards per person, which are also valid when children’s registration changes. It also establishes a preferential right to registration without the consent of the owner;
• Convention on the Rights of the Child - protects the right of minors to housing.

Employees of the passport office and other authorities are guided by presidential decrees and federal laws when carrying out operations involving the registration of children.

Convention on the Rights of the Child

After 14 years

Persons from 14 to 18 years old retain the rights of minors. The discharge of a child is subject to legal provisions applicable to citizens under 18 years of age. The difference is that the requirements of Art. Civil codes on cohabitation with parents are not taken into account.

Discharge of children from an apartment during a divorce

with whom - Tell me please. What is the best way to proceed? We live in my father-in-law’s apartment, only me, my husband and my 3-year-old daughter are registered. We're going to get a divorce. My husband’s parents are kicking my daughter and me out of the apartment and want to sell it. They demand that my daughter and I be discharged. Should I discharge my child? If I register her with my parents, won’t the child’s father then have the right to live with her in my parents’ apartment? Demand a share of the apartment? If my daughter will continue to be registered with her father (if I don’t discharge her), and actually live with me in my parents’ apartment. Does a father have any rights to demand that his daughter live with him at her place of registration? - deregistration if you do not agree is possible only through the court - no one will simply deregister you. Who is the owner of the apartment? Or is she under a social contract? hiring? If you register with your parents, the child’s father will have no rights, will neither reside nor own a share and simply has no right to demand. If a dispute arises, you can also resolve the issue of your daughter’s residence in court by submitting an application to the court. This issue will be resolved upon divorce because this will take place in court because there is a child - so indicate in the claim that the child will live after the divorce from you. Sincerely.

Can dad deregister?

Minor

A minor child is a child who has not reached the age of 18 years.

This means that he cannot independently defend his rights and interests, and most importantly, notice in a timely manner the offenses that are committed against him. Such a child must be protected by both parents, and the law requires that the child must be registered with one of them.

If the father intends to discharge the child from his own apartment, then he must be guided by Government Decree No. 713 of 1995, as amended in 2020.

He must obtain consent from the mother for the child to be discharged , but with the condition that he is immediately re-registered at the place of residence (read about in what cases the father can discharge the child from the apartment without the mother’s consent).

Note. In other situations, if consent is not obtained from the mother, or the father does not have compelling reasons for the discharge, then the child remains registered. In this case, the father can go to court and try to defend his rights there.

The court may be lenient in this situation if the father is in need of financial resources, and therefore alienates the property under a purchase and sale agreement. In this situation, the court will weigh the pros and cons; if the minor has a place to live, then the father will be allowed to discharge the child and sell the property.

Of legal age

An adult is a person who has reached the age of 18 and is endowed with legal capacity, which means the ability to independently answer for their responsibilities and observe their rights.

It is possible to discharge a child who has already reached 18 years of age.

To do this, you must either obtain his consent or have compelling reasons to carry out this action. Good reasons include the need to sell real estate due to a financial issue. If the adult has no desire to be discharged from the property, the owner may apply to the court.

Without the child's consent

If the father believes that he needs to carry out the discharge procedure, moreover, has good reasons for this, then he can go to court. To do this, he needs to draw up and submit a statement of claim .

Without your approval

If a child is discharged from his father’s apartment together with his mother, then he does not need to have the father’s consent (you can find out whether the mother of a minor child can be discharged from the apartment with or without him, as well as the nuances of deregistering the father, here). After all, the baby will soon be re-registered in a new property, together with one of his parents. At the passport office, a package of documents is filled out and registration at the new address is completed with the mother.

If a baby is discharged alone with the goal of being re-registered in another, together with the mother, then the father’s consent is required .

Important! If the father does not agree with such an action, then this significantly complicates the process and will force the parents to meet in court.

What do you get after deregistration?

After completing the deregistration procedure, adult citizens receive a passport with a new registration, or a certificate with an instruction to register within a month. A citizen who is not yet 14 years old receives a Certificate of Registration.

On our website you can also find the following material:

• Discharge of a child from an apartment when parents divorce.
• Can a father discharge a child without the mother's consent?
• How to discharge a minor from his mother’s home and register him with his father?

Through the court

In some situations, a child who has not reached the age of majority may be discharged from the apartment by a court decision. There is a requirement that the claim be filed at the defendant’s residence address, and in addition, the guardianship and trusteeship authorities will be involved as a mediator, who will ensure that the interests of the child are not affected.

If at the time of the trial the child has reached the age of 10, his opinion will also be taken into account by the court.

There are a number of restrictions when the court prohibits the removal of a child from an apartment:

• the claim is filed by a citizen who is an interested party (mother, father);
• the child is the actual owner of the living space, or he owns a share of the real estate;
• the child was registered as a participant in the municipal housing privatization program, and the apartment will be privatized in the future.

Let us note that the court treats cases of this nature with skepticism, since it is extremely difficult to find a solution that would suit all parties to the legal process, and at the same time not violate the rights of the child. However, there are still typical situations when the court will consider a claim.

The most striking example in this case may be a lawsuit from the child’s parents who want to evict him, since the actual place of residence differs from the registration data. In this situation, the court may well satisfy the claim, but before that it will consider which apartment has the most preferable living conditions for a minor. Problems will arise only if the apartment in which the child will be registered is smaller in area than the one where he is currently registered.

How to do it (algorithm)

For the general case, when there are no obstacles to the child’s discharge, the parents or guardians agree, the following algorithm is applied:

1. Apply to the guardianship and trusteeship authority for permission.
2. After this, they go to the passport office (territorial office of the Federal Migration Service) and fill out an application with a departure slip.
3. On the appointed day they come for documents.

The first stage can be skipped if the apartment is privatized, but does not belong (in whole or in part) to the minors being discharged. A simple algorithm, but there are some peculiarities. They concern the observance of property and other rights of children. So, when contacting the guardianship and trusteeship authority, you need to take into account the following requirements :

• The child cannot be discharged to anywhere;
• When selling housing in which children have a share, permission for the transaction is obtained from this body;
• New housing must be no worse than the one sold; no less square meters are registered per child.

When deregistering children due to moving to another region or country, it is necessary to prove that they will be placed in better or the same conditions that existed before deregistration. Violation of these conditions makes it impossible to obtain permission from the guardianship and trusteeship authority or serves as grounds for cancellation of the extract.

You may find the following information interesting: is it possible to discharge a minor child from an apartment to nowhere?

Required documents

The main package of documents is formed when applying to the government agency at the place of registration of children, which is entrusted with the function of guardianship and trusteeship. An application to deregister a child is submitted here. It is written in free form, it must indicate:

1. Information about children.
2. Information about their current place of residence.
3. Information about new housing: where it is located, technical characteristics.

This data must be confirmed by the documents attached to the application.:

1. Identification documents of the applicant and his children (passport, certificate).
2. Cadastral passports of current and new housing.
3. Permission from the other parent if he does not live with the child.

Permission from the father or mother is submitted in writing and requires notarization.

If this document cannot be obtained from the other parent due to its unknown location, an additional application must be submitted. It indicates the circumstances and reasons why the applicant cannot submit a notarized document. Employees of the guardianship authority examine it and check the circumstances presented. If they are not convincing, deregistration of the child will be denied.

If permission is received, it is attached to the above package of documents, which are submitted to the passport office. It is filled in:

1. Application in form No. 6.
2. Departure sheet according to form No. 7.

The documents are handed over to a migration service employee, who checks that all documents are filled out correctly and are present. If no deficiencies are found, he takes away all the submitted papers and sets a date to appear. On this day the documents are returned. It is believed that the child has since been discharged.

Trial

They resort to drawing up and filing a claim in the following cases:

• Parents and guardians refuse to voluntarily discharge their children;
• Guardianship authorities do not allow children to be deregistered;
• The FMS considers it impossible to satisfy the application.

Forced discharge is carried out only by court decision . Guardianship and trusteeship authorities are involved in the process. The claim is filed at the place of registration of the minor child.

If you are interested in the issue of drawing up a statement of claim for eviction and deregistration, we recommend that you familiarize yourself with this material.

The writ of execution is sent to the bailiffs or to the passport office. The main problem is to convince the court to satisfy the claims. This requires compelling reasons and their documentary evidence. To win in court, it is recommended to contact a housing lawyer.

How to discharge a child during a divorce

This issue worries many divorced people, as well as their relatives (owners of apartments or houses in which minors are registered). However, if the child’s second parent does not want to deregister a minor child, then all that remains is to demand this in court. However, deregistration registration of a minor is a very complex issue, since in any case his rights will be violated, since he is deprived of the right to reside in residential premises. And it does not matter that the child is also the child of a former spouse, since this child is registered in the same premises by the spouse still remains a member of the family.

How to draw up a claim correctly?

When deciding how to discharge a child from an apartment, know that the application is written in any form. However, the text must describe the current situation and contain references to the legislation governing issues of registration and deregistration, the Law on the Protection of Children's Rights.

The claim must end with a demand to recognize the right to living space as lost and with a request to oblige the defendant to register the child at his actual place of residence.

You will have to pay a fee of 200 rubles.

The claim is considered within one month.

The court decision is being challenged in a higher authority. In the case of a magistrate's court - in a court of general jurisdiction.

Very often our readers ask a question about the topic of discharging an ADULT child from an apartment. Dear visitors! Adult children are already adults, so the standard eviction algorithm applies to them. You can read about it in our section about leaving an apartment.

A few nuances

There are several important nuances that will allow parents to discharge a minor without problems and quickly:

• if the child does not live in the place where he is registered, then he can be discharged only by filing an application with the court;
• when the spouses are divorced and live in different apartments, the permission of the second parent will be required to discharge a minor;
• the procedure is permissible only if the registration will be carried out in a room with an area equal to or larger than the previous housing;
• After a divorce, parents must peacefully determine where the child will live in order to register him in the house, but if it is not possible to resolve the issue peacefully, the process goes through the court.
• If the child is under 14 years old, then all actions are performed for him by his parents or guardians.

Usually, if the child is given a new place to register immediately after discharge, then there will be no problems with the process. In this case, registration is carried out at the address where at least one of the parents lives. It turns out that it is possible to discharge a minor, but only under certain circumstances. When a child has rights to a share in this housing, parents are required to provide equivalent living space in return, and also obtain permission from the guardianship authorities. When a minor cannot count on a share by law, discharge is made only at the request of the parents.

In conclusion, we can say that the child’s discharge from the apartment is possible, but the parents are obliged to register him in the new housing within 2 days. Otherwise, a fine will be imposed on those responsible. When a minor has the right to a share in housing, the parents will have to visit the guardianship authorities and obtain permission for discharge there. If the guardianship authorities do not issue permission without explaining the reasons, parents can go to court to obtain the document through legal proceedings.

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