What should I do if the father wants to take the child, but the mother does not want to give it up and there are no grounds for depriving parental rights? - Lawyer in Samara and Moscow - representation in court and legal services

The father took the child and does not give it to the mother, what should I do? Lawyer's answers

Current legislation provides that parents equally have the right to raise their children, take care of their health, physical, mental, spiritual and moral development. As a result, such behavior is completely lawful and it will not be possible to hold the spouse accountable or influence the spouse in any way, except when there is a possible threat to the life or health of a minor.

In the absence of an agreement, the dispute between the parents is resolved by the court, based on the interests of the children. In this case, the court takes into account the child’s attachment to each of the parents, brothers and sisters, the child’s age, moral and other personal qualities of the parents, the relationship existing between each parent and the child, the possibility of creating conditions for the child’s upbringing and development.

Involve the media and social networks in your fight. But remember: this is already heavy artillery that can hit indiscriminately. Pointing accuracy is important here. First of all, it is important to exclude the possibility of lawsuits from the opponent. Avoid insults and slander, use only facts. The situation itself is already developing in your favor. You are a mother, a woman, the weaker sex. Tell everyone how you are fighting for your child, what intrigues they are plotting against you. Tell the world about this in simple human language. Contact the media editors, at least make a post on your wall on a social network. Believe me, many people will respond. Public outcry will attract the attention of the competent authorities to you and will serve as protection from dirty tricks on the part of your ex-husband.

You can find a complete list of recommendations for mothers and rules of life in a “state of siege” in the book “War for Children.” And remember: a bad peace is always better than a good quarrel. If there is even the slightest chance to reach an amicable agreement with the child’s father, without turning the conflict into an open confrontation phase, take this chance.

If you have reasonable fears that a minor may actually suffer morally or physically, for example, when the child is still very small and the father does not know how to care for him. The issue of the baby's living with the mother can be decided at the preliminary hearing. Additionally, you can turn to the guardianship authorities for help, and in certain situations they are even able to initiate a procedure for depriving parental rights if his actions conflict with existing legislation.

Detective agency gives advice to mothers in the war for children

As in martial arts, the war for a child has its own weight categories. We are talking about the thickness of parental wallets. Disputes over a child's place of residence are rarely started by ordinary workers. A man with average earnings will quite agree to the role of “Sunday dad”, provided that the mother is completely adequate. As a rule, militant fathers have a powerful financial and administrative resource behind them. Your ex-spouse probably has the ability to hire the best lawyers, detectives, journalists and other necessary people. Such a father can easily bribe the police, guardianship authorities, not to mention the nanny or the child’s class teacher. It will not be difficult for him to annoy your loved ones, destroy your business, ruin your career, even hire hooligans to intimidate you. Understand: a financial resource in the war for a child is no longer just money. These are the cartridges that your ex-husband will not regret for you.

Most of the women who contact us share the same mistake. At first, they did not attach much importance to the ex-husband’s attempts to get a child. Mothers usually reason like this: “I am mentally healthy, not an alcoholic, not a drug addict. Who would dare take my child away from me?” According to the logic of these women, circumstances are in their favor - which means there is no need to spend money on a lawyer or go to court. But believe me, you should not underestimate your opponent and rely on Themis’s tradition of taking the woman’s side. Many mothers got burned because of this. Even a court decision made in your favor and entered into force is not yet a reason to relax. The ex-husband can simply violate this very decision by taking the child for himself without asking and then, for example, taking him abroad. And for this he will get practically nothing.

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The father does not give the child to the mother: what to do in this situation

The Family Code states that mother and father have equal rights in relation to their common children (Article 61). What is meant by parental rights? First of all, this is the right of a parent to raise a child, represent his interests before the state and other persons, communicate, live together, and provide financial support. In the event of a divorce, it is not entirely possible for one of the parents to fully exercise their rights, since the child remains to live with someone alone.

Assume that he achieved his goal and the child remained to live with him. And what burden of responsibility for caring for the welfare of the child will fall on his head and shoulders. Good nutrition, attention and normal conditions for the development of a growing organism will be required. All this takes a lot of time and effort. One father simply cannot cope.

If my husband took the child away without permission, what should I do? If the authority to communicate with the child, determined by the court, is exceeded, the mother has the right to state non-compliance with the court order, up to and including recording the fact of abduction. If the court decision is not complied with, the measures provided for by legislative acts on administrative offenses and enforcement proceedings may be applied to the guilty parent on the basis of clause 3 of Article 66 of the RF IC.

It is inappropriate to create obstacles in children’s communication with their father with an adequate attitude, since clause 3 of p. 66 of the RF IC contains an addition regarding the failure to comply with a court decision by a parent living with the child, according to which the injured party has the right to file a claim recording a violation, providing for the possibility of transferring the child. Provocation on the part of the ex-spouse to prohibit communication is a reason to take the child away after a divorce on legal grounds.

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1) I want to divorce my husband, he said that he will not give up the child until a court decision. He will live with him. The child is 2.3 years old. My husband works. Who will the child live with until the court's decision? And what should I do if, when I wrote the application, they told me that the child should stay with me, but my husband still won’t give it to me?

When considering such cases, the court takes into account the real ability of the parent to ensure the proper upbringing of the child, the nature of the relationship that has developed between them, the child’s attachment to the persons with whom he is, other circumstances influencing the creation of normal living conditions by the parent, as well as by the persons with whom the child actually lives and is brought up.

Good day, according to the law, parents have the same rights to the child, in order to solve your friend’s problem, you need to apply to the court with an application to determine the child’s place of residence and meetings with him, such issues are resolved only by the court, I wish good luck to your friend and you, I will be grateful thank you for rating the answer

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How I returned a child stolen by his father

Counterclaim. I filed objections to the original claim and my own counterclaim - they were combined into one case. Since at the time of filing the claim, the child lived with his father, I asked to determine where my daughter would live with me and to transfer her to me for upbringing. If the final decision and writ of execution do not contain this phrase, the bailiffs will not be able to take the child away from the parent who lost the court case.

At the clinic you can get a certificate stating that the mother came to the appointments without signs of alcohol intoxication, and a copy of the child’s medical record - there are consents or refusals from vaccination signed by the parent. I also took a certificate from a private dentist, whom I went to myself and took my daughter to.

At a preliminary hearing, at the request of one of the parents, the judge can determine where the child will live before making a decision. To do this, the court will take into account the opinions of the child and the guardianship authorities. If the move will prevent the child from going to school or kindergarten, then at least until the completion of the proceedings, the child will remain with the parent with whom he already lives.

The court decided with whom the six common children would live. I took into account that the mother has a four-room apartment, and the children’s father has no housing and no job, but has three children in a new marriage. The court checked the characteristics of children from school and kindergarten - all teachers confirmed that the children were happy, neat and kind. The guardianship authorities sided with the mother, and the court left the children with her. But the court also referred to the mother’s permanent income, which consists of 72% from the pension of a disabled child and another 22% from payments for a parent with many children. If the children were handed over to the father, this money would go to him.

A difficult moral atmosphere in the house (guardianship officials find out whether there are other adults in each parent’s house and what their character and habits are, and also determine how the mother and father behave at home with the child).
Lack of children's products, things and toys.
The area of an apartment or house per person is less than the minimum living space standard established by the law of the region of the Russian Federation.
Lack of water, light, heating and other amenities.
Lack of space to sleep and study.

A cap. It includes information about both parents (data from the passport, registration and contact information), as well as the place and locality of the conclusion of the contract.
Title, for example; Agreement on children; Agreement on the place of residence of children and the procedure for their upbringing; etc.
Subject of the agreement. It includes the following information:
Place of residence of the minor.
How will a mother living separately raise a minor?
Will the mother communicate with her offspring, for what amount of time and on what days?
The amount and frequency of payment of alimony (an optional item, since the law allows for the conclusion of a separate notarized alimony agreement).

Additional terms and conditions. These include:
The period for which the agreement is concluded. If it is not specified, then by default the contract is valid until the child reaches adulthood.
The procedure to be followed by a party wishing to challenge the clauses of the agreement.
Autographs of each party to the agreement with a transcript.

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The father does not give the child to the mother: what to do in this situation

the ex-wife has no real place of income and sources of livelihood;
unfavorable conditions for the child’s permanent residence;
the mother has mental problems and behaves inappropriately;
the child does not want to be near the mother and feels discomfort.

Where to go if a husband beats his wife or children

For beatings under Art. 6.11 of the Code of Administrative Offenses of the Russian Federation, the husband will receive a fine from 5 to 30 thousand rubles or arrest from 10 to 15 days or compulsory work for up to 120 hours.
For minor harm to health (Article 115 of the Criminal Code of the Russian Federation), the troublemaker faces a fine of up to 40 thousand or compulsory work of up to 480 hours. In this case, minor harm will still need to be proven.
For cruelty to children - Art. 156 of the Criminal Code of the Russian Federation, a negligent parent will receive a fine of up to 100 thousand rubles or imprisonment for up to 3 years.

Domestic violence against women and children is one of the most hidden crimes and offenses from society and law enforcement agencies. In some places, injured women do not want to wash their dirty linen in public and destroy their family, while in others they are afraid of revenge from the offender. And sometimes law enforcement agencies do everything they can with their attitude and bureaucracy to discourage people from turning to them for protection from domestic violence. Many women simply don’t know where to turn if a husband beats his wife or children?

What to do if your husband does not allow you to see your child

Hello, Oksana Sergeevna! The child’s right to communicate with his parent is provided for in paragraph 1 of Art. 55 of the Family Code of the Russian Federation, which states that a child has the right to communicate with both parents, grandparents, brothers, sisters and other relatives. The dissolution of the parents' marriage, its recognition as invalid or the parents' separation do not affect the rights of the child. If the parents live separately, the child has the right to communicate with each of them. A child has the right to communicate with his parents also if they live in different states. Taking into account this norm and Art. 66 of the Family Code of the Russian Federation, parents must agree on the procedure for communication between the parent and the child. Since you cannot reach an agreement, first contact the guardianship authority at the place of registration (registration) of the child, and at the same time prepare a statement of claim to the court, either to determine the child’s place of residence with you, or to establish a procedure for communicating with the child. In both cases, the guardianship authority will be involved in the court proceedings, which will conduct an examination of the living conditions of both parties and give its opinion on the case. The court will take into account many other factors, such as the financial situation of the parties, the child’s attachment to each of the parents, etc., which needs to be discussed in more detail. The opinion of a child who has reached the age of 10 is heard in court and taken into account when making a decision.

I have a difficult situation with my ex-husband, namely, he prevents communication with the child, does not give me my imperfect son, there have been no legal proceedings regarding the determination of the child’s place of residence, the situation is complicated every day by threats. I don't even know what to do?

05 Apr 2021 lawbellex 1374

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Documents that will be required in court

If a husband wants to take the children after a divorce, he must prepare very seriously for the court hearing. The main thing is to collect, prepare and provide the necessary documentation. Its presence will significantly increase the chances of success. What documents are needed:

Statement of claim if the husband is the initiator of the divorce procedure. It must indicate your desire to take the child and the reasons why the court should take your side.
Documents indicating the income level of the former spouses.
Acts of inspection of the living conditions of both husband and wife.
Medical documents confirming that the wife has problems with alcohol, drugs, severe mental and other illnesses. Similar certificates documenting the fact that the husband has no such problems.
Documents from other competent authorities, which record facts of the wife’s behavior that threaten the well-being and health of the child.
Characteristics from the place of work and place of residence, both father and mother.
Documents confirming the father’s ability to successfully raise minors (education, training courses, past parenting experience, etc.).

The husband must have all the conditions for the normal upbringing of the child

USEFUL INFORMATION: Wife wants to return after divorce: what to do

It is worth knowing that the court will make a decision based on the entire complex of facts, data and circumstances, both positive and negative. The husband must have all the conditions for the normal raising of a child (stable and high income, excellent living conditions), and must also have an impeccable positive reputation if he wants to count on success.

When preparing for trial, it is worth trying to collect as much information as possible to prove that the child’s presence with his mother will cause harm to the latter and pose a danger to his development and life. The data presented to the court must be reliable and official; dubious and false facts cannot be used, as this will lead to negative consequences.