DETERMINATION OF THE CHILD’S PLACE OF RESIDENCE ✅ FAMILY ✅ SERVICES

Oral consultation to determine whether the service is available or not. If it is possible to provide services, the contract is made with the lawyer for further familiarization with the documents.

If the service is not possible, the cost of the stage is credited to the cost of consultation and does not receive compensation.

In the absence of a conclusion by the tutorship and guardianship agency on the determination of the place of residence of the child, the lawyer submits an application to the appropriate body, and also represents the interests of the client during the session of the Commission. If there is such a conclusion, this step is skipped.

The result of this stage is the withdrawal of the tutorship and guardianship authority.

The lawyer describes the circumstances of the case, makes normative and legal reasoning, analyzes the court practice and writes the lawsuit on the determination of the place of residence of the child, and, if necessary, prepares and sends the lawyer’s requests.

The result of this phase is the text of the statement of claim.

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Determining the place of residence of the child

Divorce is a painful and difficult process. And in the presence of children, it is even more confusing. After all, the spouses need to agree on determining the child's place of residence. At the same time, taking into account not so much one's own emotions, but the interests of the child. This issue is solved by different methods. But in no case can you do without a qualified lawyer.

What defines a child's place of residence

This is a very important question. After all, it affects who will pay alimony and in what amount. Also a meeting schedule for someone who will live separately. Degree of participation in education. And even the opportunity to travel abroad. Going on vacation or treatment does not need to be approved based on the presence of documents to determine the place of residence. So it is important to put all the dots above the "i" so that there are no complications in the future.

The legislation establishes the following rules on determining the child's place of residence:

● for children under the age of ten, the place of residence is decided by the parents;

● children over the age of ten have the right to participate in solving this issue together with their parents;

● upon reaching the age of fourteen, the child can decide independently with whom to live.

Determining the place of residence of the child in the absence of a dispute

The best option. The spouses decide between themselves with whom the child will live. This will provide an opportunity to relieve the child of stress, which will certainly occur if disputes begin. But even the agreement must be drawn up properly. Otherwise, one of the parents may change their mind in the future. Then the spouses will have to decide the fate of the child in other ways. Article 109 of the Family Code states that an agreement on determining the child's place of residence must be drawn up.

The main points should be indicated in the document:

● with which parent will the child live;

● rights and obligations of a partner living separately;

● his participation in raising a child and the opportunity to exercise parental rights;

● the amount of funds that will be transferred to provide for the child.

It is not difficult to find a sample contract on determining the child's place of residence on the Internet. But you should not rely on a typical template, but contact a lawyer to develop an individual document. This will help to avoid disputes in the future, to maintain an adequate relationship with a former partner and one's own child. Most often, the contract begins to be drawn up after the termination of family relations. But it is much better to create it during marriage just in case. In the process of spousal divorce is in a tense emotional state. In most cases, this does not contribute to making adequate and balanced decisions. The presence of the document will help prevent negative situations from occurring.

In general, the legislation indicates the possibility of concluding a contract in the following cases:

● during marriage, to insure against unforeseen situations in the event of a hypothetical divorce;

● determining the place of residence of the child during the divorce to simplify the procedure;

● after divorce to ensure maximum comfort for the child and parents.

Receiving a court decision on determining the child's place of residence

When parents cannot come to an agreement, they have to go to court. This usually happens when it is necessary to determine the place of residence of the child with the father. Children usually stay with their mother. This is not a legal norm. Just a long-established tradition. In addition, the Declaration on the Rights of the Child, ratified by Ukraine, advises not to tear her away from her mother unless absolutely necessary, so as not to break the emotional bond. But there are cases when the father can provide better conditions for the child. Then there are arguments. Court practice on determining the place of residence of the child with the father is currently quite extensive. Since 2017, many cases have ended in favor of the father. Having considered the circumstances of the case, the social status and peculiarities of the life of the father and mother, the court may decide that it is better for the child to stay with the father in order to ensure the rights and interests of the child. The court's decision to determine the place of residence of the child with the father is no longer rare.

What is needed for a trial

Each parent can file a lawsuit to determine the child's place of residence. The application is submitted at the defendant's place of residence. In order to consider the case, a court fee must be paid in full 1073 hryvnias In order to obtain the desired decision, it is important to provide the court with all available information that can testify in one's own favor. In the case, the data on the availability of real estate, material condition will agree. It is not bad if there is a kindergarten, school and other educational institutions near the child's place of future residence. The work schedule is also of great importance. It is important that the child receives enough attention and communication. It is allowed to involve witnesses who can confirm the availability of opportunities and a great desire to take care of the child. The claim to determine the child's place of residence should be supported by documents confirming that it is better to stay with the claimant to protect the child's interests.

Such papers include:

● a copy of the passport and certificate of the place of registration of the plaintiff;

● certificate of income;

● documents for ownership of real estate;

● marriage and divorce certificate;

● child's birth certificate;

● certificates from the kindergarten or school attended by the child;

● medical documents about the state of health of the plaintiff and the child;

● certificate on alimony arrears (if available);

● certificates on the claimant's financial condition (statements from bank accounts);

● a conclusion on the conditions created for the child's residence.

In the claim to determine the place of residence of the child with the mother or with the father, it is also necessary to provide information about the work schedule, the presence of bad habits, professions and any data that may testify in favor of the plaintiff. If the child has reached the age of ten at the time of the case, he or she can also be called as a witness. The court takes into account her opinion. Gathering all the necessary evidence is quite difficult. As well as competently make a statement on determining the child's place of residence. Therefore, it is better not to take risks, but to contact a specialist. The lawyer will undertake the collection and preparation of all necessary materials.

Advantages of contacting a lawyer:

● quick court decision on determining the child's place of residence;

● collection of evidence;

● interviewing witnesses;

● no need to independently understand the nuances of legislation.

Determining the child's place of residence by the body of custody and guardianship

There is an option for those who could not come to an agreement, but do not want to go to court. The law provides for the possibility to obtain a decision of the body of guardianship and care on determining the child's place of residence. To initiate a review, you need to contact the guardianship department with a pre-prepared package of documents.

You will need:

● statement;

● passport and certificate of place of registration;

● marriage and divorce certificate;

● child's birth certificate;

● purchase agreement for an apartment or house.

After considering the application, a commission will be formed to inspect the residence of both parents. Living conditions, availability of a separate place for sleeping and studying, clothes, toys will be evaluated. The commission will also check the premises for compliance with sanitary standards. Based on the results of the inspection, an appropriate act will be drawn up. In the future, a hearing is scheduled, to which both parents are invited. It is there that they receive the opinion of the body of guardianship and care on the determination of the child's place of residence. The procedure is simpler than a court proceeding, but the conclusion obtained is not binding. That is, the wife or husband may simply not give up the child. There will be no legal consequences. Then you will still have to go to court to involve the bailiff service.