Voluntary procedure for determining the place of residence of a child
The Marriage and Family Code of the Republic of Belarus establishes that the child’s place of residence is the living quarters in which his parents live. If a child lives and is raised in a complete family, and if his parents live together, then usually there are no questions.
If, for some reason, the parents do not live together (divorced, etc.), then the parents have the right to determine with whom the child will live independently. This is a voluntary procedure for determining the child’s place of residence.
Parents can arrange for the child to live with the mother or father. The address of the place of actual residence of the parent with whom the minor lives, and will be the place of residence of the child.
Judicial procedure for determining the place of residence of a child
If the parents cannot agree among themselves on the place of residence of the common child, then one of the parents has the right to file a claim with the court. Then the determination of the child’s place of residence will be decided in court.
When making a decision, the court takes into account a number of circumstances. This is, first of all, such a circumstance as the manifestation of care and attention to the child by the parent. The parent with whom the child spends more time, to whom the child is more attached, and will have an advantage when making a decision by the court. The court also takes into account material circumstances such as employment and the level of income of the mother or father. The possibility of ensuring proper upbringing is also taken into account by the court.
When determining the place of residence of a child 10 years of age and older, the court takes into account the opinion of the child. The child’s opinion is clarified by the guardianship and guardianship authority.
What is the meaning of a claim to determine the place of residence of a child
The meaning of the claim to determine the child’s place of residence is to provide one of the parents with the right to determine the child’s life, to participate more in his upbringing. This means that the second parent, who does not live with the child, has no right to take the child with him at will. Usually, when determining the place of residence of a child, the procedure for communication between the child and one of the parents is also determined. Thus, the court decision may indicate that the father has the right to see the child on weekends for several hours.
When making a decision, the court proceeds from the interests of the child, from how the proper care of the child, material support of the child and his upbringing will be carried out.
The role of the guardianship and guardianship authority in determining the child’s place of residence
The court considers cases on determining the child’s place of residence, taking into account the opinion of the guardianship and guardianship authority. Sometimes decisions made by courts without taking into account the opinion and opinion of this body may be invalidated, and the cases sent for a new trial.
The guardianship and trusteeship authority must inspect the living quarters in which the child lives. Based on the results of the examination, an act on the living conditions of the child is drawn up. Moreover, often such a document is drawn up by teachers, but this is wrong, the court takes into account the acts of the guardianship and guardianship authorities.
When examining social and living conditions, the guardianship and trusteeship body finds out whether the child has a sleeping place, a place to study, whether the house (apartment) is clean and tidy, and other social conditions.
When determining the child’s place of residence, if the case is considered by the court, if the child has reached the age of 10, the guardianship and trusteeship body is obliged to find out the child’s opinion about which of the parents he wants to live with.
Thus, the role of the guardianship and trusteeship body in the cases under consideration on determining the place of residence of a child is very significant, and without their participation, the decisions made can be canceled.
State duty on claims for determining the place of residence of a child
For filing a statement of claim with the court to determine the place of residence of a child, you must pay a state fee.
Today, in accordance with the legislation, the size of the state duty is 3 basic values. Since the base amount is set at 29 rubles for November 2021, 87 rubles will have to be paid for the claim.
Determination of the child’s place of residence after divorce
After a divorce, parents can agree on which of them the child will live with. If the mother and father cannot come to such an agreement, the matter can be resolved in court.
The choice is in favor of the father or mother, i.e. the decision that the minor will live with one of the parents does not mean depriving the other parent of parental rights. The court decision only determines the place of residence of the child.
It should be noted that after a divorce, parents, upon reaching an agreement, can turn to a notary to conclude an agreement on children. The agreement on children can provide for who the child will live with after the divorce, the procedure and frequency of communication between the child and other parents, and other issues related to the upbringing and maintenance of the child.
Our lawyers have extensive experience in representing the interests of our clients in determining the place of residence of a child. Our lawyers in determining the place of residence of the child are ready to provide you with the following legal assistance in determining the place of residence of the child:
– oral and written advice on the determination of the child’s place of residence;
– representation and protection of interests in courts on the determination of the child’s place of residence;
– representation of interests in enforcement proceedings regarding the determination of the child’s place of residence;
– consultations and representation of interests on the issues of determining the place of residence of the child.
If you have questions related to determining the child’s place of residence, and you need help or advice from a lawyer, please contact our lawyers by e-mail: info@familylawyer.by or by phone: +375293664477.
