When is the agreement for children
The agreement on children is concluded after divorce in order to determine the resolution of issues related to common children. If earlier the legislation required that such an agreement be concluded only between persons who were officially married, then changes to the Marriage and Family Code made it possible to conclude an Agreement on children and between a man and a woman who have common children, but did not formalize a marriage relationship.
An agreement on children is usually concluded in cases where issues related to children are not resolved by the court or are not determined by the Marriage Agreement.
Children’s agreement form
An agreement on children must be concluded in writing and certified by a notary. For this, the former spouses (persons with common children) must personally appear before the notary with the documents. So, you need passports of the mother and father, birth certificates of children, certificates from the clinic, kindergarten, personal account for the living quarters, a receipt for payment of the notary tariff and other documents that are important for concluding an agreement.
For the preparation and certification of an agreement on children, you must pay a notary fee. It can be paid both at bank branches or post offices, and using Internet banking (ERIP).
What can be defined in a children’s agreement
A children’s agreement can define a number of issues related to the living and upbringing of children. So, after a divorce, by concluding such an agreement, the spouses can determine:
– with whom of the parents the minor child will live;
– the order (days of the week, time interval, place) of meetings and communication with the child of a separate parent;
– the procedure for a minor to leave the country;
– the form and methods of participation of each parent in education;
– the procedure for teaching a child (circles, sections, developmental centers);
– the procedure for paying alimony (if the second parent is obliged to pay them);
– other issues related to children.
Parents can establish in the agreement on children clear days when, for example, the father will meet with the child, the place of such meetings, their duration. Also, parents can agree that their child will attend certain additional classes (drawing circle, chess section, computer courses, etc.).
Children agreement approval
The agreement on children is approved after it is signed by the parties (mother and father) and the notary affixes an attestation, signature and seal.
The approval of an agreement on children is a legal act that entails legal consequences for the parents and the child. From the moment the agreement is approved, the parents must comply with all the clauses of the agreement, and their failure to comply entails the liability established by law.
Termination of the children’s agreement
It so happens that circumstances change, former spouses reconcile, the family is reunited, they begin to live together. There are also situations when parents change their decisions regarding the child (place of residence, meetings with the parent, etc.). In this case, the previously concluded agreement on children shall be terminated.
Termination of an agreement on children occurs in the same manner as its conclusion – at a notary. Individuals must appear at the notary’s office or bureau with documents and pay the notary fee.
From the moment of termination of the agreement on children, all rights and obligations stipulated in it become null and void.
Failure to comply with a children’s agreement: legal implications
If one of the parents deliberately fails to comply with the clauses of the agreement on children, measures may be taken against him.
So, the other parent has the right to apply to a notary for the execution of a writ of execution due to non-fulfillment of the agreement on children. In this case, the notary draws up a writ of execution to recover the amounts from the unscrupulous parent.
The second option is to file an application with the court in the order of an order. The application must be accompanied by an agreement on children signed by the parties and approved by a notary.
Thus, an agreement on children is a civil contract in which the mother and father of the child agree on the issues of his residence, upbringing, travel abroad, education and other circumstances, subject to notary certification and mandatory execution by the parties.
In case of non-fulfillment of the obligations specified in this document, the other parent has the right to apply to a notary or to the court for the execution of a writ of execution or initiation of order proceedings.
Our attorneys have extensive experience in representing our clients in matters of concluding an agreement for children. Our family lawyers are ready to provide you with the following legal assistance in matters of concluding an agreement on children:
– oral and written advice on the conclusion of an agreement on children:
– representation and protection of interests in courts on the conclusion of an agreement on children:
– consultations and representation of interests on issues of concluding an agreement on children, when the father or mother of the child is a foreign citizen.
If you have questions related to the conclusion of agreements about children, and you need help or advice from a lawyer, please contact our lawyers by e-mail: info@familylawyer.by or by phone: +375293664477.
