Publication date: 05.06.2024
Graduated lawyer with experience of more than 7 years with experience in the field of public procurement, civil, administrative law and document drafting, expert in communication and dispute resolution, author of a legal blog and social media.
Divorce is a difficult ordeal for a once-happy couple, but it's especially difficult for children, especially when it comes to determining where the child lives. After the divorce, the parents are emotional and often do not find a common language, they can agree and conclude an agreement on determining the place of residence of the child, a sample agreement on determining the place of residence of the child will be provided by a lawyer, or a court decision will be needed to determine the place of residence of the child with the father or mother.
A court decision on determining the place of residence of the child with the father is not uncommon, such cases make up a significant percentage of all family cases. At the same time, it is worth contacting a lawyer, even if it is a contract on determining the child's place of residence, signed in a pre-trial procedure. It is worth choosing an experienced lawyer, because even determining the child's place of residence in the absence of a dispute is filled with emotions and difficult from a moral point of view. In addition, the lawyer will represent interests in court, so there will be more chances to satisfy the claim, because parents often change their personalities right during the court session.
A lawsuit to determine the child's place of residence which determines the place of residence of the child
First of all, it is necessary to understand what determines the child's place of residence. This is a very important step, because the decision affects the amount of alimony, establishing a schedule of meetings with the other parent, as well as determining the child's place of residence for going abroad for vacation or treatment.
Determination of the child's place of residence by the guardianship authority
A claim for determining the child's place of residence must have clearly defined requirements. It is important to understand that determination of the child's place of residence upon divorce does not mean establishing a settlement or address, but rather the person with whom the child will live.
At the same time, in the statement of claim, it is necessary to additionally indicate that the decision of the body of guardianship and care on determining the place of residence of the child authority as a third party.
What evidence must be provided to determine the child's place of residence or mother, it is necessary to provide a lot of evidence:
Conclusion of the body of guardianship and care on determining the place of residence of the child. Such a document is quite an important factor when making a decision. At the same time, if you look at the sample conclusion on determining the place of residence of the child, it is clear that it should contain a motivational part, that is, a cause-and-effect relationship is established between the statement of circumstances and the recommendation about the expediency or impracticality of the child's residence with one of the parents.
Testimony of witnesses. Witnesses must confirm the responsible or irresponsible attitude of the parents towards the child.
Characteristics.
place of residence is a valid argument, but it is equally important to take characteristics from the place of work, from the place of the child's education, circles, from the hospital or polyclinic. Such documents must indicate which of the parents takes care of the child, takes him to clubs, attends parent meetings, etc.;
Medical certificates. The court's decision on determining the child's place of residence is made taking into account the health of the parents and the child. If, for example, one of the parents is ill with a serious illness that may interfere with the performance of parental duties, the court will most likely entrust the child's residence to the other parent.
Certificate of income. Documents on the absence of alimony debt may also be required. The court usually takes into account the financial situation, often the determining the place of residence of the child with the father, as determination of the child's place of residence judicial practice proves, is based on wealth.
An act of inspection of housing conditions and documents confirming ownership of housing. a statement of claim to determine the place of residence of the child with the mother or father also provides for the provision of a document on the conditions for the child. Usually, the one who owns his own apartment has more chances.
A child's opinion. It does not matter whether it is about determining the child's place of residence for going abroad or living in Ukraine, the court takes into account the opinion of the children. Children between the ages of 10 and 14 can talk about their relationship with their parents and indicate who they want to live with. From the age of 14, a child has the right to independently choose a place of residence.
The application for determining the child's place of residence can be supplemented with other documents that will prove favorable or unfavorable conditions of residence with one of the parents.
Court decision on determining the child's place of residence
Execution of a court the decision to determine the place of residence of the child
Sometimes there are problems with the implementation of the decision, when it comes to which
practice only proves this. A state executive cannot use force against a child. Accordingly, the defendant's reluctance to give up the child is only punishable by fines. Also, significant difficulties may arise if one of the parties went abroad with the child. At the same time, according to the Criminal Code, abduction of one's own child is not a crime, in this case, one can only file a lawsuit to determine the child's place of residence and demand compensation for moral and material damage.
