Normative base
Issues of registering citizens, including minors, are regulated by Federal Law No. 5242-1. In some cases, they are not formalized with the parents. This discrepancy needs to be corrected. According to Art. 20 of the Civil Code of the Russian Federation, registration of a minor is carried out with the consent of the parent. Not all situations require permission from the other.
Registration of a child without the consent of the father is permitted by law. But for this you need to be guided by a number of requirements according to which the procedure is carried out. It is necessary to prepare a set of documents established by law and fill out an application form, which is issued on the spot.
When applying, they usually require the presence of both parents. But in some cases, an application from the second one, completed and signed accordingly, is sufficient. Therefore, many are interested in whether consent is required for the registration of the child’s father? The requirement is unreasonable, because the mother can register it at her own address on her own. If the application is not accepted, it is important to receive a refusal on an official form signed by the responsible person. The document should be submitted to the district court.
Is it possible to register a child without the consent of the father when he is categorically against it? It is better to resolve the dispute through the court so that you do not have to deal with this after the procedure is completed.
At the place of residence
Minors are registered by agreement between parents if they are registered in different places. Permission from the father to register the child will be required when the application is planned to be processed in his apartment. Personal presence or a written request certified by a notary is allowed.
By place of stay
Both or one of the parents submits a document of the established form to the Main Department of Migration of the Ministry of Internal Affairs. You can contact the MFC with everything you need. The parent's consent to the temporary registration of the child is provided when it is drawn up according to the husband's documents. It can be obtained through a notary or submitted in person. It is important to consider that registration at the place of residence is provided only for the period of validity of the parent’s certificate.
Is it possible to register a child temporarily in an apartment and what are the dangers of registration for the owner?
In addition, at present, in educational institutions of various levels, cases of requiring documents confirming registration to admit such minors have become more frequent. For example, to a kindergarten or school. The only exceptions are educational institutions of vocational education at the secondary and higher levels.
- The first feature is that such registration is automatically canceled as soon as the deadlines specified in the relevant documents expire.
- Ownership rights, unlike permanent ones, are not created by such registration.
- And it can be terminated early at the duly executed request of the owner or tenant of a specific living space.
If there is no father's consent
This is one of the typical situations that causes difficulties for women. Typically, employees accepting documents require personal presence or permission. Is it possible to legally register a child without the father's consent? Registration takes place at the mother's place of residence. The request is provided by the husband if it concerns his real estate.
It is necessary to fill out an application for consent to register the child with the father. This is easier to do if documents are submitted jointly. Notarization is permitted when personal presence is not possible.
Registering a child in her husband's apartment
To register a minor in the father's area, certain criteria must be met. Among them are the following:
- there is no injunction against such actions;
- the father was not deprived of parental rights;
- paternity is confirmed by a separate document or birth certificate.
But there are cases when it will not be possible to register children on the father’s territory without his permission. This is possible with a court ban on living with him or if there are other owners. It is required to draw up an application if there is a corresponding court decision.
Is it possible and how to donate an apartment if another person or a minor child is registered in it?
- The transfer of ownership of real estate under a real estate sale agreement to the buyer is subject to state registration.
- Execution of a contract for the sale of real estate by the parties before state registration of the transfer of ownership is not a basis for changing their relations with third parties.
- In the event that one of the parties evades state registration of the transfer of ownership of real estate, the court has the right, at the request of the other party, and in cases provided for by the legislation of the Russian Federation on enforcement proceedings, also at the request of the bailiff, make a decision on state registration of the transfer of rights property. A party that unreasonably evades state registration of the transfer of ownership must compensate the other party for losses caused by the delay in registration.
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If there is a counter transfer of a thing or right or a counter obligation, the contract is not recognized as a donation. The rules provided for in paragraph 2 of Article 170 of this Code apply to such an agreement.
- A promise to transfer a thing or property right to someone free of charge or to relieve someone from a property obligation (promise of donation) is recognized as a gift agreement and binds the promisee if the promise is made in the proper form (clause 2 of Article 574) and contains a clearly expressed intention to make a gratuitous gift in the future. transfer of a thing or right to a specific person or release him from a property obligation.
Registration of the child with the mother
It doesn't matter whether the parents live together. The minor must be registered at the address of one of them. How to register a child at the place of registration of the mother? The father's permission is not required regardless of registration, status and marital status.
Until the citizen has reached the age of obtaining a passport, the application is submitted on his behalf by his mother. If his husband directs him, her consent is required. When a minor receives a passport, registration is carried out according to his personal application, but with the permission of his parents.
Registration without owner's consent
The law establishes mandatory registration at the address of the mother or father. It is not allowed to register minors with other persons if they are not legal representatives. Is it possible to register a child without the consent of the owner? It does not matter who is the actual owner of the property. The main thing is that the parent has registration.
It is possible to register a child with the father without the consent of the owner. But this requires official registration. The period will be limited by the existing certificate of the parents if we are talking about a temporary place of stay.
Administrative punishment
For failure to comply with the time frame for registering children, the legal representatives of the child may be subject to administrative liability in the form of penalties of 2,000 - 5,000 rubles.
It is also considered illegal to refuse to register a child who has not reached the age of majority for the purpose of registration by representatives of the registration authorities. For example, rent arrears and small housing meters are not an obstacle. If any disputes arise, contact a higher authority or the court.
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In case of divorce
The legislation establishes consent to the registration of a child. Sometimes employees of the Main Department of Migration Affairs of the Ministry of Internal Affairs require the presentation of a note from the father’s place of residence or last known address indicating that registration has not been issued there. Such actions are illegal.
Is it possible to register a child without the mother’s consent? In this situation, mandatory permission is required. There is no need for personal presence if you prepare the documents correctly. All that is required is the notarized consent of the mother to register the child with the father. It is drawn up in the form of a free-form application. It indicates her passport details and affixes her signature.
Single mother
Not all women acquire this status. It is received by those who not only educate themselves; the certificate must include a dash in the “Father” field. If a woman is divorced, she cannot be recognized as a single mother. The procedure in this case does not differ from the usual registration of an adult.
Reasons
Can a registered person register a minor child? Yes, maybe the law directly speaks about this (Article 20 of the Civil Code and Article 65 of the Family Code), which says that a child has an unconditional right to live with one of his parents.
This is also enshrined in the Rules for registering citizens of the Russian Federation and deregistering them and Order of the Federal Migration Service of Russia No. 288 dated 09.11.12. To do this, you need to provide the following to the passport office :
- your own ID;
- child's metric;
- application for registration.
This list is exhaustive.
Officials have no right to demand any additional papers from you , in the form of, say, permission from the board of trustees or the presence of the owner
If father and mother live separately, and the child must be registered with the father, then the mother’s consent will be required for this.
Find out how to obtain a certificate of registration of a child at the place of residence, as well as obtain a certificate of the minor’s place of registration.
Registration procedure
Children must live with either one or both parents. You will need a package of documents, which should be submitted to the Main Department of Migration Affairs of the Ministry of Internal Affairs at the address of the house or apartment. An application can also be submitted through State Services or MFC.
A form will be provided on site, which must be filled out in legible handwriting and without abbreviations. If the registration is temporary, the period is indicated. It cannot exceed the validity of the certificate received by the parents. The specialist will check the information provided and set a date for a follow-up visit.
Required documents
You should prepare in advance for the registration process. When contacting an employee, fill out a consent form for the child’s registration. It is submitted with the rest of the set of documents, including:
- passports of legal representatives;
- birth certificate.
When the parents' registration address is different, consent from both will be required. Attendance is not necessary if it is difficult to ensure. A notarized statement is sufficient. An extract from the house register is also provided, but if you contact the MFC, it will be issued on the spot.
Registration deadlines
How long does it take to register? Upon receipt of documents by the responsible specialist, registration activities are carried out within 3 working days. If the necessary information is not enough, the period is extended to a week.
Registration of a child over 14 years of age
Regardless of the type of living space, children under 14 years of age are registered by their representatives (parents), and after 14 years of age, a teenager must personally come to the registration authority with his parents, where an application is submitted with their consent. It doesn’t matter to whom the teenager is registered, the basis will be documentary evidence of relationship with the person who provides the living space.
To the property owner's apartment
We will examine this issue based on who the minor is the owner of the living space. Let's figure out whether it is possible to register a child without the consent of the owner. If one of the representatives is a shared owner, then he can register a teenager or an infant without the consent of the owner of the apartment of the other share, which will be indicated by a registration stamp in the teenager’s passport or a certificate of registration. For example, you can register a child at the place of residence of the father or register the child with the mother.
If the parents do not have property rights, then registration of the child without the consent of the owner is impossible.
In a privatized residential area
You can do this in two ways:
- If a minor is a co-owner or sole owner, then he is registered as the owner or co-owner.
- If the teenager is a family member of one of the owners who are relatives.
You must submit for registration:
- The minor’s birth certificate or his passport, or a document that confirms legal representation (original and copy).
- Marriage certificate (if available).
- Application from the owner of the living space.
- Parents' passports.
- Written consent of the second parent for registration in the specified place.
- If representatives have registration in different places, then a certificate stating that the teenager was not registered there.
To municipal housing area
The basis for registration is the existence of a social tenancy agreement, which is signed by the tenant and all family members are included in it. The passport office does not have the right to refuse registration on the grounds that the minor is not included in the contract or there is a rent arrears.
To register a child, the consent of the main tenant and other registered people is not required.
In mortgaged living space
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First of all, you need to carefully re-read the agreement, in particular, the clauses on the conditions for registering members of the borrower’s family in the living space, which is pledged to the lender. The situation is much simpler if at the time of purchase the child was listed in the documents as a family member. In such a situation, he registers with his parents.
Things are completely different if the baby was born after purchasing a living space with a mortgage. Some credit organizations require the borrower to agree with the lender on the registration and residence of new family members. In such a situation, you need to contact a credit institution with a certain package of documents.
Most often, banks do not create obstacles to the registration of children in the borrower’s residential property and issue consent to registration within a month. As a rule, the mortgagee asks the borrower to give a written undertaking in the event of a court foreclosure on the property, which states that the borrower undertakes to remove the minor from the register in the event of sanctions on the property. In the absence of this provision in the loan agreement, you can freely register the baby. Children under the age of majority have the full right to live together with their legal representatives and have registration at their location.
But, if the consent of the credit institution is included in the clause of the agreement, then a fine may be imposed on you if the registration and registration of a minor child was carried out without the written consent of the creditor. Of course, you can appeal the penalties in court, since the Federal Law does not limit the registration of persons under the age of majority and newborns in the area that belongs to their representatives.
You can also go to court if the registration authority refuses to register a person under the age of majority without the consent of the credit institution and register by court decision.
Let us dwell in more detail on the question of what documents are needed to register a child in a mortgaged apartment. To register a child at the parent’s place of residence, if the living space is under a mortgage, you must provide:
- Metric of a minor.
- An identification document of one of the parents, who is considered the owner of the mortgaged property.
- Passport of the other parent.
- A document of the established form for the lending organization to allow registration in the living space of a minor (if required by the terms of the contract).
- Statement.
- A certificate that the minor is not registered in another place if the parents are registered at different addresses.
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Regardless of the age of the minor, he must have an account, which is confirmed by a certificate or a stamp in his passport. Registration at the address is required for the execution of certain documents. So, without it, you will not be able to obtain a compulsory medical insurance policy or place a minor in educational institutions.
