Publication date: 07.06.2024
Лоер
Conclusion on determining the child's place of residence: a sample.
Determining the place of residence of the child is one of the most important aspects in the process of divorce or separation of parents. This issue requires a careful approach and consideration of the child's interests. In this process, an important role is played by the opinion of the guardianship authority on the determination of the child's place of residence, which serves as an important document for the court to make a decision. In this article, we will consider what determines the child's place of residence, what are the conditions and procedure for obtaining a conclusion, as well as provide a sample conclusion.
What defines the child's place of residence
Determining the child's place of residence ensures stability and clarity in his upbringing and care. This solution allows:
Establish a permanent place of residence of the child with one of the parents.
To settle matters of custody and care.
Ensure compliance with the child's rights to education, medical care and social protection.
Organize the process of the child's departure abroad.
Conclusion of the body of guardianship and care on determining the place of residence of the child
The opinion of the guardianship authority is an important document that is submitted to the court to make a decision on the child's place of residence. This conclusion is formed on the basis of an analysis of living conditions, financial status of parents, their ability to provide proper care and upbringing.
Procedure for obtaining a conclusion
Application to the guardianship authority: One of the parents submits an application to the guardianship authority at the place of residence.
Examination of living conditions: Representatives of the guardianship authority visit the home of both parents to assess the child's living conditions.Interview with parents and child: In order to find out the relationship in the family and identify the child's preferences for living with one or another parent.
Preparation of the conclusion: Based on the collected data, the guardianship authority draws up a conclusion about the best conditions for the child's residence.
A sample conclusion on the determination of the child's place of residence
Conclusion of the body of guardianship and care
Date: ______
Place of issue: ______
According to the survey of living conditions and interviews with parents and the child, the guardianship body makes the following conclusion:
Housing conditions: The housing of the father/mother (specify) meets all the necessary requirements for the child's residence, in particular, the availability of a separate room/bed for the child, sanitary conditions, safety, etc.
Financial status: The father/mother (specify) has a stable income that allows for an adequate standard of living for the child.
Educational conditions: The father/mother (specify) demonstrates the ability and desire to raise the child, support its development and education.
Relationships in the family: The child has a good relationship with the father/mother (specify), shows a desire to live with him/her.
On the basis of the above, the guardianship authority recommends determining the place of residence of the child with the father/mother (specify).
Signature: __________ Seal: __________
Determining the child's place of residence in the absence of a dispute
If there is no dispute between the parents regarding the child's place of residence, they can enter into an agreement on determining the child's place of residence. Such an agreement shall be drawn up in writing and may be notarized to give it legal force.Agreement on determining the child's place of residence sample
Agreement on determining the child's place of residence
Date: ______
Place of conclusion: ______
We, (Father's name), residing at (address), and (Mother's name), residing at (address), have agreed and entered into this agreement as follows:
Our child (child's name), date of birth (date), will permanently live with (father/mother) at (address).
We undertake to provide the best conditions for upbringing, development and education of our child.
We agree that the other parent has the right to regular communication with the child and participation in its upbringing.
Father's signature: __________ Mother's signature: __________ Notarization: __________
Determining the child's place of residence upon divorce
Upon dissolution of marriage, the issue of determining the child's place of residence can be resolved through a settlement agreement or through a court decision. In the case of court proceedings, the conclusions of guardianship and care authorities, the financial and property status of the parents, as well as the wishes of the child (if she has reached the appropriate age) are taken into account.
Judicial practice
Determination of the child's place of residence with the father
Court practice shows that a court decision on determining the place of residence of the child with the father can be adopted if the father is able to provide adequate conditions for the child's residence, education and development. In such cases, the conclusions of guardianship authorities and other presented evidence play an important role.
A statement of claim on the determination of the place of residence of the child with the mother
In the case of filing a lawsuit to determine the child's place of residence with the mother, the court takes into account similar factors, such as living conditions, financial status, the relationship between the child and the mother, as well as the conclusions of guardianship and guardianship authorities.
Conclusion
Determining the child's place of residence is an important stage in ensuring his rights and interests. The opinion of the guardianship authority plays a key role in this process, providing the court with objective information to make a decision. Correct processing of documents and compliance with legal norms ensure a successful solution to this issue, contributing to the stability and well-being of the child.
