Agreement on the procedure for communicating with the child, settlement agreement on the upbringing and maintenance of the child

When people decide to separate, questions inevitably arise regarding the future fate of their children. This includes future place of residence and alimony. To make the task easier , a statement on the procedure for communicating with a child,

a sample of which can be downloaded from the website.

In addition, the spouses will have to establish how they will spend time with him after the end of the relationship. If agreement is not reached, then it is necessary to file a claim with the court to determine the order of communication with the child.

Determining the time and place of meetings with children is often a judicial procedure, where the court will determine how they will communicate with the father with whom they do not live, after the parents' divorce and separation.

How to determine the order of communication between father and child

Parents have the right to agree on the schedule and duration of meetings with children among themselves in writing. Family law allows for the drawing up of such an agreement (Article 66 of the RF IC).

Moreover, its presence is even welcomed by the courts. In it, spouses have the right to specify in detail all the conditions for meetings and visits.

For example, former family members have the right to stipulate the days and hours of communication. In addition, you can separately resolve issues in case of emergency situations (illness, accident).

Signing an agreement between parents does not require the presence of a notary.

The exception is situations when the document contains clauses on the procedure for paying alimony. Then the contract requires mandatory notarization.

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Vladimir Roslyakov

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In any case, to determine the key terms of the agreement, we recommend that you obtain free legal advice from our family law specialists.

Procedure for drawing up an agreement

The legislation does not provide for specific requirements for drawing up a document. Separate provisions regarding the form, rules of conclusion and termination are prescribed exclusively for alimony payments (Article 100 of the RF IC), providing for the validity of a writ of execution upon notarization.

Document form

The written form of the agreement does not have significant legal significance. A notarial agreement on the procedure for communicating with a child is necessary to prevent infringement of the rights of any of the parties. The inclusion of conditions and restrictions that do not comply with legislative norms is not subject to notarization.

When drawing up an agreement on raising a child, parents must take into account the age, and upon reaching ten years old, take into account his opinion (Article 57 of the RF IC). Failure to comply with this requirement makes the document void and does not entail any legal consequences, similar to the infringement of the rights of any of the parents.

The agreement can be drawn up in an urgent form, indicating a specific period of validity, taking into account the prevailing circumstances. By mutual agreement, the parties can cancel the document or make additions at any time. Ignoring or failure to comply with the conditions will give the injured party arguments to appeal to a judicial authority, whose decision will determine the “zone” of responsibility for a violation in the legal field.

Contents of the document

The structure of an agreement on communication with a child is not legally defined. The basis should be the identification of key issues:

frequency and duration of meetings;
territory chosen for communication;
the need for the presence of third parties;
the procedure for informing about the desire and possibility of spending additional time to devote to a minor;
exercise of rights in terms of visiting educational institutions and communicating with teachers and psychologists.

The drawn up parental agreement may contain a division of responsibilities or a joint discussion regarding the decision to choose an educational institution, additional classes, clubs and sections. For example, it is possible to provide for the mother’s responsibility for the learning process, and the father’s for physical development, as well as the bilateral participation of both parents on all children’s issues.

Sample agreement on communication with a child

: settlement agreement defining the procedure for communicating with the child and the procedure for exercising parental rights (25.3 KiB, 90 hits)

Setting limits

A sample agreement on communication with a child may include limiting factors based on the child’s interests. Restrictive conditions may be associated with physical or psychological problems resulting from a previous illness, congenital predisposition or injury.

Examples may include:

restrictions on trips to nature due to allergies to insect bites;
a ban on visiting a number of attractions due to vestibular disorders;
restrictions on visiting catering establishments as a result of liver and gastrointestinal diseases and the need to follow a diet.

An agreement on the order of meetings with a child may include a limiter:

on the days and hours that a minor must devote to the educational process;
in the form of a fork, providing for maximum and minimum communication in a time interval;
replacement of the period if it is impossible to meet at the time determined by the parents.

The main requirement when drafting is the absence of unreasonable restrictions that violate the rights of a minor and separated parent. Any points of agreement must be based on the principle of reasonableness. For example, prohibiting a father from going on an outdoor trip because the mother has counterintuitive objections does not seem reasonable, but prohibiting a trip in the middle of the workweek can have a negative impact on the educational process.

Determining the procedure for communicating with a child through the court

How to file a claim to establish visits with children?

If the spouses have not entered into an agreement among themselves regarding participation in raising children, then determining the schedule of communication (meetings) with the child is the prerogative of the court. He can also intervene when the agreement reached by one of the parties is violated.

In the event of a divorce, the issue of how often the father will see his children can be resolved immediately. This information must be contained in the divorce claim, which, in this case, is filed in the district court .

The procedure and duration of meetings between the father and the child must be set out in the statement of claim in the form of a separate demand. And then the court will set a point-by-point schedule of meetings with the parent living separately from him.

A statement of claim to determine the order of communication with a child can be filed after a divorce. This often happens when one of the ex-spouses creates various obstacles to meeting children. In fact, there will also be a violation of their rights.

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Roslyakov Oleg Vladimirovich

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It is not only parents who can insist on defining the terms of communication with their children. Other close relatives – grandparents, brothers or sisters – have the same right.

State duty amount

The state fee for a claim to determine the order of communication with a child is not paid. This is explained in the “Review of the practice of court resolution of disputes related to the upbringing of children.”

Quote: “the requirement to pay state duty in disputes related to raising children is illegal, since they relate to cases of protecting the rights of the child and are not subject to duty, which follows from the provisions of clause 15, part 1, art. 333.36 Tax Code of the Russian Federation, clause 2 of Art. 23 of the Federal Law of July 24, 1998 N 124-FZ “On the basic guarantees of the rights of the child in the Russian Federation.”

Jurisdiction and jurisdiction of the dispute

Which court should I file a claim to determine the order of communication with my child?

The statement of claim for establishing the time of meetings with a child is subject to the rules on the jurisdiction of the Code of Civil Procedure of the Russian Federation. They are as follows.

According to current legislation, the application can be presented to the court at the place of residence of the defendant (i.e., the parent who does not allow him to see the child). Art. speaks directly about this. 28 of the Civil Procedure Code of the Russian Federation.

The claim is sent to the district court at the place of his residence . As a rule, this is the court at the place of registration of the defendant.

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Roslyakov Oleg Vladimirovich

Lawyer, specialization civil law. More than 19 years of experience.

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Filing an application at the plaintiff’s place of residence is in this case impossible and not provided for by law. But a claim for division of property can be filed, provided that the disputed apartment is the place of its registration.

When is it compiled?

Most often, the need to draw up an agreement arises for spouses after or during a divorce, when, due to current circumstances, they can no longer live and raise a child together.

By law, a minor must have one permanent place of residence, and therefore, after the divorce of his father and mother, he will mainly be with one person. But at this time, the other parent is in no way deprived of the right to see and take part in the life of his child.

At the time of separation, the former couple may have uncertainty regarding the implementation of joint parental rights and responsibilities.

They will have to determine:

The degree of financial participation of the parent living separately (frequency and amount of payments, admissibility of covering additional expenses for the maintenance of the child).
A list of issues regarding the upbringing, education, and place of residence of a minor that should not be resolved unilaterally.
Communication schedule and place of meetings between the child and one of the parents.

In order to streamline the agreement reached, it is recommended to document it in an agreement. This will help the former spouses not to forget what they have come to and to properly fulfill their part of the responsibilities.

The conclusion of such an agreement is also relevant for parents who did not enter into a legal marriage with each other, but are recorded in the corresponding column on the child’s birth certificate.

Subject of proof in cases of determining the order of communication with a child

The subject of evidence means a list of circumstances that the court must establish when considering a case to determine the order of communication with a young child.

From the cited articles. Art. 55 and 66 of the RF IC it follows that the court, when resolving a dispute, proceeds from the balance of interests of the parents and the minor child.

The guideline for law enforcement practice is set by clause 8 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of May 27, 1998 N 10 “On the application of legislation by courts in resolving disputes related to the upbringing of children.”

The resolution states that when determining the order of communication between a parent and a child, the following are taken into account :

child's age;
his state of health;
attachment to each parent;
other circumstances that can have an impact on the physical and mental health of the child, on his moral development.

In exceptional cases, when a child’s communication with a parent living separately may cause harm to him, the court, based on paragraph 1 of Art. 65 of the RF IC, which does not allow the exercise of parental rights to the detriment of the physical and mental health of children and their moral development, the applicant has the right to refuse to satisfy the claim to determine the procedure for his participation in the upbringing of the child, setting out the reasons for the decision made.

The parent who asks to determine a schedule for the child to meet with him or her has the responsibility to prove that communication with the father does not contradict the interests of the minor.

At the same time, he has everything necessary to create favorable conditions during his stay with him.

Below is a sample text of an agreement on the procedure for exercising parental rights by a parent living separately from the child.

This text is exemplary and changes to the text of the agreement may be made depending on the specific circumstances and wishes of the parties.

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Questions regarding the development of an agreement on the procedure for the exercise of parental rights by a parent living separately from the child can be asked to our lawyers and attorneys.

AGREEMENT

on the procedure for exercising parental rights by a parent living separately from the child

"___" November 20__ St. Petersburg

Citizen of the Russian Federation __________________, passport: series _____ N _____, issued “__”________ ____ year _________________, unit code _____, residing at the address: ________________, hereinafter referred to as “Father”, on the one hand, and citizen of the Russian Federation _____________________, passport: series _____ N _____, issued “___”_______ ____ year ________________, department code _____, residing at the address: _________________, hereinafter referred to as “Mother”, on the other hand, together referred to as “Parents”, in accordance with Article 66 of the RF IC, have entered into this agreement on as follows:

1. SUBJECT OF THE AGREEMENT

1.1. This agreement is concluded in relation to a common minor Child - _____________________, _____ year of birth, hereinafter referred to as the “Child”.

1.2. Under this agreement, the Parents agreed to determine the procedure for the exercise of parental rights by the Father of the minor Child, since he will live separately from the Child.

2. PROCEDURE FOR EXERCISING PARENTAL RIGHTS

2.1. The parents under this agreement have established that all issues relating to the upbringing and education of the Child are resolved by their mutual consent based on the interests and taking into account the opinion of their Child.

2.2. Parents have established that they are equally responsible for the upbringing and development of their Child, and are obliged to take care of his health, as well as physical, mental, spiritual and moral development.

2.3. The parents under this agreement have agreed that since the Father will live separately from the Child, the Mother undertakes:

2.3.1. Provide the Father, as well as his parents, at their request and with the consent of the Child, the opportunity to meet and communicate freely in the following order:

- 3 times during the calendar month on Sundays, or on other days agreed upon by the Parents, additionally from 9.00 am to 9.00 pm, and in the case of visiting cultural and entertainment events for children, no later than 10.00 pm;

2.3.2. Provide the opportunity for the Father, together with his parents, as well as other blood relatives of the Child, at their request and with the consent of the Child, to rest together with the Child in a suitable place (a comfortable cottage, a holiday home, a hotel) in the summer once for a period of ______ calendar days and at his request, prepare all the necessary documents for this.

2.3.3. Provide the Child with the opportunity, with his consent, to live at the Father’s place of residence during the holidays, as well as to go with him or his parents during this period on vacation to specially designated comfortable places.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The mother undertakes:

3.1.1. On the days and times established by paragraphs. 2.3.1 of this agreement to dress and prepare the Child for the meeting with the Father;

3.1.2. In the cases established by paragraphs. 2.3.2 and 2.3.3 prepare the Child’s luggage at the time of departure;

3.1.3. Notify the Child in advance of the day and time of the meeting with the Father and his parents, as well as inform about the reasons for the impossibility of such meetings.

3.1.4. Notify the Father in advance, namely 3 (three) calendar days in advance, about the impossibility of meeting with the Child, as well as inform about the reasons for the impossibility of such meetings.

3.2. The father undertakes:

3.2.1. Without delay on the days and times established by paragraphs. 2.3.1 of this agreement to come to the Child’s place of residence, or another place specifically agreed upon by the parents, pick up the Child for joint leisure time and return him at the appointed time to the place established by the Parents.

3.2.2. In the cases established by paragraphs. 2.3.2 and 2.3.3 of this agreement:

— prepare safe transport for transporting the Child and provide the Child with comfortable living conditions, namely, equip the car with a seat for transporting the Child (in accordance with the law), provide a separate sleeping place outside the area of residence of persons who are not blood relatives of the Child;

- notify the Mother about the safe arrival at the place of rest, no later than the day following the date of arrival, as well as about the time of return to St. Petersburg, indicating the date of arrival, the vehicle, its number, place and time of arrival;

— return the Child to his place of residence no later than 3 hours from the moment of arrival in St. Petersburg;

3.2.3. Notify the Mother in advance, namely 3 (three) calendar days in advance, about the impossibility of meeting with the Child, as well as inform about the reasons for the impossibility of such meetings.

3.3. Parents mutually undertake to maintain friendly relations in the presence of the Child, not to discuss personal relationship problems they have in the presence of the Child, not to speak disapprovingly of each other’s actions or the other party’s relatives, and not to incite the Child in this way.

3.4. Parents mutually undertake to monitor the proper implementation of this agreement by their parents and other relatives.

3.5. Parents undertake to jointly organize and hold, in the presence of both Parents, the celebration of the Child’s birthday, whenever possible, in a children’s club, cafe, or restaurant.

3.6. The parties to this agreement undertake to properly fulfill their obligations, comply with the requirements of family law governing the issues on which this agreement was concluded, not abuse their rights, and also promptly notify each other of changes in their place of residence and any other circumstances having essential for the timely fulfillment of its obligations under this agreement.

4. TERM OF THE AGREEMENT AND OTHER ADDITIONAL TERMS

4.1. This agreement is considered concluded from the moment it is signed and terminates after 6 (six) months from the date of signing this agreement.

4.2. This agreement is extended for the same period if, from the expiration of 6 (six) months from the date of signing this agreement, but no later than 14 calendar days calculated from the expiration of 6 (six) months from the date of signing this agreement, no a justified claim for failure to fulfill obligations under this agreement.

4.3. The cases established by paragraphs. 2.3.2 and 2.3.3 of this agreement are valid after 6 (six) months from the date of signing this agreement.

4.4. Parents have the right, by mutual consent, to change this agreement at any time or terminate it in the form prescribed by law.

4.5. Unilateral refusal to fulfill this agreement is not permitted.

4.6. All controversial issues under this agreement that may arise during its execution will be resolved through negotiations. If agreement is not reached, each of the Parents has the right to go to court.

4.7. The costs of drawing up and certifying this agreement are paid by the Father of the minor Child.

???4.8. This agreement is concluded in three original copies having equal legal force, one for each of the Parents, and the third copy will be kept in the files of the notary ______________________.

5. SIGNATURES OF THE PARTIES

Father mother

______________/__________/ _________________/__________/

Extract and Family Code of the Russian Federation

Article 63. Rights and obligations of parents regarding the upbringing and education of children

1. Parents have the right and obligation to raise their children.

Parents are responsible for the upbringing and development of their children. They are obliged to take care of the health, physical, mental, spiritual and moral development of their children.

Parents have a priority right to raise their children over all other persons.

2. Parents are obliged to ensure that their children receive basic general education and create conditions for them to receive secondary (complete) general education.

Parents, taking into account the opinions of their children, have the right to choose an educational institution and the form of education for their children.

(Clause 2 as amended by Federal Law dated July 21, 2007 N 194-FZ)

Article 64. Rights and obligations of parents to protect the rights and interests of children

1. Protection of the rights and interests of children rests with their parents.

Parents are the legal representatives of their children and act in defense of their rights and interests in relations with any individuals and legal entities, including in the courts, without special powers.

2. Parents do not have the right to represent the interests of their children if the guardianship and trusteeship authority establishes that there are contradictions between the interests of parents and children. In case of disagreements between parents and children, the guardianship and trusteeship authority is obliged to appoint a representative to protect the rights and interests of the children.

Article 65. Exercise of parental rights

1. Parental rights cannot be exercised in conflict with the interests of children. Ensuring the interests of children should be the main concern of their parents.

When exercising parental rights, parents do not have the right to cause harm to the physical and mental health of children or their moral development. Methods of raising children must exclude neglectful, cruel, rude, degrading treatment, insult or exploitation of children.

Parents who exercise parental rights to the detriment of the rights and interests of children are liable in accordance with the procedure established by law.

2. All issues related to the upbringing and education of children are resolved by parents by mutual consent based on the interests of the children and taking into account the opinions of the children. Parents (one of them), if there are disagreements between them, have the right to apply for resolution of these disagreements to the guardianship and trusteeship authority or to the court.

3. The place of residence of children in the event of separation of parents is established by agreement of the parents.

In the absence of an agreement, the dispute between the parents is resolved by the court based on the interests of the children and taking into account the opinions of the children. In this case, the court takes into account the child’s attachment to each of the parents, brothers and sisters, the child’s age, moral and other personal qualities of the parents, the relationship existing between each parent and the child, the possibility of creating conditions for the child’s upbringing and development (occupation, work schedule of the parents , financial and marital status of parents, etc.).

Article 66. Exercise of parental rights by a parent living separately from the child

1. A parent living separately from the child has the right to communicate with the child, participate in his upbringing and resolve issues regarding the child’s education.

The parent with whom the child lives should not interfere with the child’s communication with the other parent, if such communication does not harm the child’s physical and mental health or his moral development.

2. Parents have the right to enter into a written agreement on the procedure for exercising parental rights by a parent living separately from the child.

If the parents cannot come to an agreement, the dispute is resolved by the court with the participation of the guardianship and trusteeship authority at the request of the parents (one of them).

3. In case of failure to comply with a court decision, measures provided for by civil procedural legislation are applied to the guilty parent. In case of malicious failure to comply with a court decision, the court, at the request of a parent living separately from the child, may make a decision to transfer the child to him based on the interests of the child and taking into account the opinion of the child.

4. A parent living separately from the child has the right to receive information about his child from educational institutions, medical institutions, social welfare institutions and similar organizations. The provision of information may be refused only if there is a threat to the life and health of the child on the part of the parent. Refusal to provide information may be challenged in court.

Article 67. The right to communicate with the child’s grandfather, grandmother, brothers, sisters and other relatives

1. Grandfather, grandmother, brothers, sisters and other relatives have the right to communicate with the child.

2. If the parents (one of them) refuse to provide the child’s close relatives with the opportunity to communicate with him, the guardianship and trusteeship authority may oblige the parents (one of them) not to interfere with this communication.

3. If the parents (one of them) do not obey the decision of the guardianship and trusteeship authority, the child’s close relatives or the guardianship and trusteeship authority have the right to file a claim in court to remove obstacles to communication with the child. The court resolves the dispute based on the interests of the child and taking into account the child’s opinion.

In case of failure to comply with the court decision, measures provided for by civil procedural legislation are applied to the guilty parent.

Article 68. Protection of parental rights

1. Parents have the right to demand the return of the child from any person who is not keeping him on the basis of the law or on the basis of a court decision. In the event of a dispute, parents have the right to go to court to protect their rights.

When considering these requirements, the court has the right, taking into account the opinion of the child, to refuse to satisfy the parents' claim if it comes to the conclusion that the transfer of the child to the parents is not in the interests of the child.

2. If the court determines that neither the parents nor the person who has the child is able to ensure his proper upbringing and development, the court transfers the child to the care of the guardianship and trusteeship authority.

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Circumstances to be clarified

The list of circumstances that may be the subject of discussion in court is given according to the Resolution of the Plenum of the Supreme Court of the Russian Federation “On the application of legislation by courts in resolving disputes related to the upbringing of children” and the Review of the practice of resolving disputes related to the upbringing of children by courts.

Taking into account the specific facts of the case, their list can be expanded. So, the court takes into account the following circumstances that are important for resolving the dispute.

Age and health status of the child

First of all, the court will examine the question of whether his health condition interferes with communication with the other parent. In this case, age is also of great importance.

For example, it is extremely unlikely that the court will recognize the right of a father to take a breastfed child with him on weekends. It is most likely that they will see each other at the mother’s place of residence and only in her presence.

At an older age, the chances of taking children on weekends increase. In principle, after the baby switches to general nutrition, it is possible to take him away for the weekend and the court often satisfies such requirements.

The older the age, the greater the likelihood of establishing a communication schedule that involves meetings and the child staying with the father, excluding the presence of the other parent.

Availability of conditions for education and development

The availability of conditions for upbringing and development is an important factor if the child will spend the night not at home.

For this there must be:

living space;
sleeping area;
toys;
books;
Food.

A separate room and other living conditions that promote the psychological and physical development of the minor’s health are welcome.

Schoolchild's daily routine

If a child attends an educational institution, and a parent asks the court to allow him to stay overnight on weekdays, then there must be conditions that allow him to go to school without prejudice to his interests.

Even if these conditions are present, it is not a fact that the court will agree that the student’s stay at his father’s house on weekdays is in his interests.

Distance between the plaintiff’s actual residence and the child’s place of residence

It is not uncommon for a parent to live hundreds of kilometers away. The court cannot ignore this circumstance.

It is unlikely that long weekly trips will correspond to the interests of the child. In this situation, meetings will most likely have to be limited to vacations.

One of the options for solving the problem is to establish the child’s place of residence in court.

Length of time during which the child had no contact with parents

What matters here is the degree of attachment to the father. If the son or daughter has not previously communicated with him, then leaving him alone is often not in their interests and can negatively affect their psyche.

Initially, meetings are permissible in the presence of the mother, and as adaptation progresses, communication in private will also be possible.

Psychological and psychiatric examination

A psychological and psychiatric examination may be prescribed if it is necessary to determine the relationship between the child and parents and the degree of attachment to each of them.

For example, the mother with whom the child lives may argue that establishing visits with the father is contrary to his interests because he is afraid of him.

To confirm or refute this circumstance, an examination may be appointed.

Options for limiting communication

If the above facts are confirmed in court, the mother has the right to demand the establishment of a different schedule of meetings with her son or daughter, in particular, a reduction in the number of visits or their duration. You can also fix the conditions and order of visits, stipulating that they will take place in the presence of certain persons (mother, grandmother, other relatives).

The father of the child who does not agree with the restrictions imposed is allowed to challenge the established procedure by filing a counterclaim. The court usually considers applications from the parents of a minor in one case.

What can you count on

If a child has self-care skills, then a separate father can usually count on the right to take him home for the weekend every second week of the month.

On the remaining days of the week, see each other on weekdays, spend vacations with him once or twice a year, communicate by phone and through other means of communication.

Regarding disputes about determining the order of meetings with a child, everything is individual. On average, if the schedule does not contradict the interests of the children, you can count on its approval by the court.

What is necessary for the court to determine the most favorable schedule for communication with the child

The father must have a house or apartment in which the child will stay during the period of joint meetings.

Residential premises can be owned on any basis:

own;
commercial or social hiring;
free use;
use as a member of the owner's family.

Availability of conditions for the child’s stay, namely:

sleeping area;
toys;
books;
Food.

Specific conditions are determined by the age of the child.

Evidence is being prepared to confirm that meetings with the father do not contradict the interests of the minor and do not pose a threat to him. Usually a positive reference from the place of work and residence is enough.

The defendant may attach to the case documents confirming negative characteristics:

criminal record certificate;
documents on bringing to administrative responsibility;
witnesses confirming the facts of child abuse.

Therefore, you need to be prepared for such developments. It is better to discuss countermeasures with a lawyer. Certificates confirming your regular income will help with this.

On the one hand, the fact of working or engaging in entrepreneurial activity characterizes the parent positively. On the other hand, having an income is necessary so that the parent can support the child while he is with him.

Nuances

To more fully understand the features of establishing a procedure for communicating with a child after a divorce, it is necessary to take into account a number of important points:

To cancel or change the order of meetings with children, which is established in accordance with the claim, you will have to re-apply to the court, attaching documents substantiating the requirements.
Representatives of guardianship and trusteeship authorities can submit an application for restriction of parents' rights when it is revealed that harm has been caused to a child in a psychological or physical sense.
A minor child, upon reaching 10 years of age, has the right to independently apply for a refusal to communicate with one of the parents after the dissolution of the marriage. The request can be submitted by the child's legal representative either to the court or to the guardianship and trusteeship authorities.
In order to achieve loyal conditions and procedures for spending time with children after a divorce, it is necessary to obtain not only a positive reference from the employer, but also the words of relatives, neighbors and recommendations from the guardianship and trusteeship authorities.
When drawing up an agreement defining the rules and procedure for meetings with a child after the spouses divorce, one must avoid indicating positions that violate the interests of minor citizens. For example, if children are 10 years old or older, they have the right to express their own opinions. If you ignore the child’s preferences, if this fact is revealed, the agreement will be considered void.

As a result, communication with children after divorce depends on many circumstances. The simplest and most recommended option for ex-spouses to determine the order of meetings with the child is to peacefully reach an agreement on the rules of interaction with the joint child.

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Features of preparing and filing a claim to determine the order of communication with a child

The statement of claim must set out evidence of violation by the second spouse of the rights to communicate with the child. This is where witness statements and other corroboration may come in handy.

In addition, the court has the right to request documents from the parties to the dispute to determine the procedure for communicating with the child . This may be information about the plaintiff’s property and housing status, work schedule.

The court can establish a schedule for meetings between the father and the child not only on ordinary days, but also on holidays and school holidays.

It should be remembered that the schedule of meetings with the child established by the court may subsequently be revised. This can happen due to an objective change in children’s daily routine.

For example, a child grew up and went to school from kindergarten. In this case, you can ask the court to allow you to take the child to your place on Friday for the weekend.

Regulations

The Family Code of the Russian Federation contains provisions defining the interaction between parents and children. When establishing a regulatory framework governing communication with a child after divorce, it is first necessary to pay attention to Art. 66 of the RF IC, which clarifies the specifics of the rights of a mother or father who live separately from their baby. Also worth mentioning is Art. 61 of the RF IC, which defines the equality of opportunities and obligations of parents, including in terms of interaction with children.

Categorical restrictions and prohibition on family communication

Situations in which the father conscientiously exercises his parental rights do not contribute to the emergence of prohibitions on meeting with the child. Only a court can restrict a father's parental rights.

The court's decision also provides for a ban on contact with the child. Most often this happens when there are the following compelling reasons:

alcohol and drug abuse;
negative impact on child development;
the presence of mental or other chronic diseases that threaten the life and health of children;
creating conditions that pose a danger to the life of mother and child.

Guardianship authorities, the prosecutor's office, and relatives of the child who are interested in protecting the rights and interests of the minor have the right to initiate legal proceedings. If there are compelling reasons, the court limits the parent’s communication with the child, and after six months, if a repeated statement of claim is sent, it deprives the father of parental rights. In accordance with Art. 69 of the Family Code of the Russian Federation, this occurs immediately in the following cases when the parents:

avoid fulfilling parental responsibilities;
abuse the rights of the father or mother;
refuse to pay the required child support;
suffer from alcoholism or drug addiction;
minor children are beaten;
commit crimes against the life and health of a child.

These circumstances, proven in court proceedings, will be prerequisites for depriving the father or mother of parental rights in relation to the child.

Video! Legal forms of restricting communication between a father and a child: significant circumstances and the procedure for protecting the rights of the child in court.

Documents required for a voluntary agreement

Also, if there is a voluntary agreement, you can go to court. In order to achieve restriction of communication and meetings in court, you need to provide the necessary documentation:

statement of claim;
medical certificate confirming the presence of a mental disorder (if any);
certificate of criminal or administrative liability (if available);
medical report from a drug treatment hospital if the parent is an alcoholic or drug addict;
petitions for the involvement of witnesses who will confirm the immoral behavior of the defendant;
documents that will confirm the poor living conditions of the defendant and the impossibility of the baby being there;
documents that confirm the plaintiff’s living conditions.

The claim must be filed with the judicial authority at the place of residence of the party who will be the defendant. The guardianship and trusteeship authorities are also involved in this trial.

They present documents that relate to the living conditions of the plaintiff with the child. If this document is not provided, the trial may be postponed to another day.

A person with limited rights cannot take part in raising a child. However, he can communicate with him on a schedule that the other parent has set. A person with limited rights cannot receive benefits or benefits that are given to persons with children.

Despite this, the person whose rights have been limited still bears material obligations regarding the child. The child continues to bear property and inheritance rights from this parent.

Communication with other relatives

In addition to father and mother, the baby can communicate with grandparents, sisters, brothers and other relatives. Parents cannot interfere with this relationship.

Relatives can contact the guardianship and trusteeship authority so that these authorities oblige the parents to comply with the law. If parents ignore the requirements of the guardianship and guardianship authorities, then they or relatives can file a claim in court.

If a parent does not comply with the court's requirements, he may be held accountable.

It is worth noting that relatives who live separately can only communicate with the minor. They cannot take part in his education and upbringing. This right can only be exercised by the father and mother.

In addition to grandparents, brothers and sisters, a minor can communicate with other relatives who love him and treat him well. Such relatives include, for example, aunts and uncles.

Only a court can restrict communication if there are compelling reasons that violate the child’s rights. The child can communicate with relatives not only by telephone, but also in personal meetings.

The baby can also stay with relatives overnight. The father and mother together with their relatives, in a peaceful manner, must determine how and when the baby will spend time with relatives. In this case, no one will need to waste time on litigation.

Legal understanding of parental rights

Chapter 12 of the Codified Family Relations Law is entirely devoted to the concept of parental rights. The structure of the thematic section contains:

rights and responsibilities of the mother and father of the child;
procedure for deprivation and limitation of parental rights;
ways to restore the prohibitions established by the court.

Family Code of the Russian Federation in Art. 61 specifies that parents of children under the age of majority have equal rights and opportunities to raise, support, and participate in the life of the child. It does not matter whether the mother and father of the child are legally married.

The main goal of the entire complex of regulations that protect the family and its members is to create a favorable, comfortable environment for the growth and development of the child. The Convention on the Rights of the Child and the Constitution of the Russian Federation are dedicated to this goal.

Important! Violation of children's rights is classified as a serious crime, entailing serious penalties.

In the event that parents infringe on the legitimate interests of the child, or are the initiators of physical or emotional violence in the family, the guardianship and trusteeship authorities, the prosecutor's office and the court come to the defense.

How to solve this problem?

In cases where persuasion is useless, the ex-spouse has only one option left - filing a lawsuit in court to establish a procedure for communicating with the child.

Consideration of cases in this category is always a long and unpleasant process, but there is simply no other way. The opportunity to see your child is worth it. In addition, the schedule of communication with the child established by a court decision is mandatory, so the ex-wife will no longer be able to prevent communication in the future.

The amount and terms of communication time imposed by the court depend on many factors. The court will take into account everything: the child’s age and state of health, the child’s level of employment at school and various educational and sports institutions, the degree of attachment of the child to his parents, the previous volume and nature of communication, the distance of the father’s residence from the child’s place of residence, as well as the father’s financial situation and his new marital status.

How does the process work?

The case is heard in the presence of the applicant, the defendant, and a representative of the guardianship authority. Participation in the process by a representative of any of the parties is possible, but undesirable, since in this case it will not be easy to properly protect one’s interests.

A minor over 10 years old must participate in the meeting, but his questioning is carried out only in the presence of a teacher. The teenager has the right to express his opinion regarding the current situation and state whether he will continue to communicate with his father or refuse him. If experts decide that there was no pressure on the child, his wishes will be taken into account when making a court verdict.

The best option for a father who is being deprived of the opportunity to see his child is to seek a compromise with the mother. It is reasonable to sign a settlement agreement, which will provide for the possibility of meetings with the child (even in the presence of another family member).

If the parties prepare a mutually acceptable schedule and procedure for communication, the court will approve it, giving legal force to this document by its decision.

Read: Statement of Claim for Denial of Paternity (sample)

Filing a claim

The document must be drawn up in accordance with the requirements set out in -. The claim must contain the following information:

name and address of the judicial authority;
personal data of the applicant;
information about the defendant;
details of the child in respect of whom the proceedings are being conducted;
facts on the merits of the case - the circumstances of the divorce, the reasons why the child was given to the mother to raise him, the relationship between the parents, problems arising when the father communicates with the minor;
documentary evidence of the validity of the claims;
links to the regulatory framework;
the essence of the claim is to stop or limit the father’s communication with the minor;
signature of the applicant and date of filing the claim;
list of attached documents.

Download the statement of claim for restriction of communication with a child (sample)

The claim is filed in person at the court office. It can also be sent by registered mail (return receipt required). If the applicant is registered on the State Services portal and has a qualified digital signature, it is possible to file a claim online.

Required documents

It is recommended to accompany the claim with the following documents:

copies of documents according to the number of parties planned to participate in the process;
photocopies of marriage, divorce, birth certificates;
a copy of the applicant's passport;
documents that form the evidence base - certificates from the place of residence, references from the employer, testimony from neighbors clarifying the essence of the issue, an act of psychological and psychiatric examination, etc.

On the day of the hearing, you must have the original documents with you.

There is no need to pay a state fee, since the consideration of the case is carried out in the interests of the minor.