Legislation on the execution of court decisions
Issues of enforcement of court decisions in marriage and family disputes are regulated by normative legal acts from several branches of law, in particular, from family law, procedural and executive law, as well as the norms of decisions of the judicial authorities of Belarus.
Circumstances taken into account by the court when making a decision on the participation in the upbringing of a child of a separately living parent
When making a decision on such disputes, the court indicates the specific circumstances of the communication of the estranged mother or the estranged father with the child. These are, in particular:
– the number and frequency of meetings (on weekends, twice a week on weekdays in the morning, four times a month on Mondays, etc.);
– meeting place (in the apartment of the mother or father, at school, in kindergarten, etc.);
– the duration of one meeting (hours, days, etc.).
When making a decision, the judge takes into account the following circumstances:
– age of children (child);
– the state of health of the child;
– attachment of the child to the father and to the mother;
– other circumstances.
The court decision must necessarily contain an indication that the second parent should not create obstacles for the communication of a separately living father or mother with a minor.
In cases where the communication of children with a parent living separately may harm the children, the court has the right to restrict this parent in communication with the children, setting out the reasons for the decision.
Enforcement of court decisions on participation in the upbringing of a separately living parent: general provisions
Determination of questions about the methods and procedure for the execution of the above decisions is within the competence of the courts (Article 329 of the Code of Civil Procedure of the Republic of Belarus).
Enforcement of a court decision takes place when the obligated person does not have good will to execute this decision (there is no sign of voluntary execution).
In other words, the parent does not want to take actions to enforce the court decision (is inactive), or does not execute this decision by his unlawful actions.
Enforcement bodies and place of enforcement of a court decision
The bodies responsible for monitoring the execution of court decisions are enforcement bodies. Thus, the execution of decisions on marriage and family disputes, in particular, regarding the participation in the upbringing of a child of a mother or father who live separately from him, is carried out by bailiffs of the district where the person obliged to execute the decision lives, i.e. the mother or father with whom the child lives.
If there are circumstances preventing the execution of the decision at the place of residence of the obligated person, the bailiff may enforce the decision at the place of residence of the child.
Mandatory participation of guardianship and guardianship authorities in the execution of a court decision
Article 86 of the Code of the Republic of Belarus on Marriage and Family establishes the mandatory participation of guardianship and guardianship authorities in disputes related to the upbringing of children. This general legal norm also applies to the procedure for the execution of court decisions.
Thus, the execution of court decisions is carried out with the obligatory participation of representatives of the guardianship and guardianship authorities. Often there are situations when the actual circumstances of the case require the mandatory participation of a police representative in the execution of a court decision.
The procedure for the execution of a court decision on participation in the upbringing of a child by a separately living parent
The bailiff must verify that the parent fulfills the requirements of the writ of execution.
If the requirements are not met, the bailiff takes measures to bring the obligated person to responsibility, and if these measures do not work, then the parent living separately from the children has the right to demand that the children be transferred to him.
If, for example, the father, with whom the children live by a court decision, has a negative impact on their health and moral development, then the separately living mother has the right to demand through the court that the children be transferred to her for upbringing and living with her.
Let us consider a case from practice when, in relation to father V., the court ruled that he has the right to communicate with son A. on weekends, that is, to take the child to his home for two days. A.’s mother, a citizen P., began to create obstacles for her son to communicate with his father. P.’s ex-wife did not let the child go to his father, often leaving the city with the child, so that V.’s father could not find his son.
The bailiff, having checked the execution of the court decision, came to the conclusion that it was not voluntarily executed and issued a decision on the enforcement of this decision. However, citizen P. did not comply with the requirements of the bailiff and put up various obstacles for communication between father and son.
Subsequently, the bailiff took measures to bring P. to administrative responsibility for failure to comply with the court decision. Despite this, P. continued her illegal behavior.
The case was resolved in such a way that father V. demanded that the child be transferred to him for upbringing in connection with the malicious evasion of the former wife from the execution of the court decision.
