The case is about determining the order of communication with the child and not creating obstacles in communication with the child

How to determine the order of communication with your child:

no conflicts between parents, no stress for children?

Parents have equal rights in relation to their children (Article 61 of the Family Code). Close relatives - grandparents, adult brothers and sisters can also communicate with the child without restrictions (Article 67 of the Family Code). Personal likes and dislikes of adults and even divorce should not negatively affect the communication between relatives and the child.

However, in practice, situations often arise when one of the parents interferes with communication. Thus, a wife can manipulate her ex-husband out of selfish interests, a newly-minted tyrant stepfather can prohibit his wife from communicating with her ex-husband, and the child from communicating with his own father.

On the other hand, limiting a child’s communication with close relatives is sometimes useful and even necessary. For example, if the father abuses alcohol or drugs, and the grandmother is mentally unstable...

Read to the end and you will find out

• How to determine the order of communication with your child
• How to negotiate peacefully and draw up an agreement
• Which court should I go to to protect my rights?
• How to communicate with a baby (how the order of communication depends on the age of the children)
• What to do if the child is not given away, despite the agreement/court decisions
• and other important nuances

Find out the prospects of your business

What to do if the father violates the order of communication with the child

No one can violate the order of meetings between father and child, adopted by the court. That is, the mother has no right to prevent such meetings and communication. There may also be violations on the part of the father in accordance with the approved procedure, which often leads to conflict situations.

If the mother, upset by the behavior of her ex-husband, forbids them to see each other at all, the father writes a statement to the court regarding violations on the part of the ex-wife. In response, the mother files her own lawsuit. In this situation, it is difficult to make any reasonable decision, because each side has its own truth.

Important! Don’t give in to your ex-husband’s provocations, just fix them in every possible way.

With the help of modern gadgets, you can record conversations where there are certain threats from your father. Also, when talking to him, you can turn on the speakerphone so that his words are heard by eyewitnesses. In addition, you can save telephone messages where he speaks negatively about the order of communication established by the court.

If the father took the child and does not return him for a long time, you need to contact the police. Show the police documents that document the order of communication with the child, established by court decision.

When the father eventually files a motion to change the order, you can present to the court all the evidence you have.

If a parent fails to comply with a court decision, he bears administrative responsibility. In addition, certain measures of liability are provided for such actions in accordance with the legislation on enforcement proceedings.

According to paragraph 3 of Art. 66 of the RF IC, if there is a malicious failure to comply with a court decision by one party, at the request of the other, the court may decide to transfer the child to it for upbringing (the interests and opinion of the child himself are taken into account).

Reasons for restricting communication with a child

It is impossible to prohibit communication with a child without good reason, at the whim of one of the parents. The only thing that can limit the right of close relatives to communicate with the child is a threat to the interests and rights, mental and physical health, and normal moral development of the minor.

Parental rights, including the right to communication, cannot be exercised contrary to the interests of children (Clause 1, Article 65 of the Family Code).

Reasons for limiting communication with a child:

• inappropriate, cruel treatment of children;
• alcoholism, drug addiction;
• antisocial lifestyle;
• mental disorder or other chronic disease;

The above circumstances may become grounds for official restriction of the rights of a parent (Article 73 of the Family Code). But if you can only take away a child and limit his rights through the court, then you can adjust the order of communication with the child in several ways. In this case, the actions will be similar both for a person who wants to achieve communication with a child, and for a parent who wants to limit communication with the children of a dysfunctional ex-spouse or close relative.

How to limit a parent's communication with a child

The issue of restricting parental rights is considered in the district court . The initiator can file an application at the place of residence of the defendant or at the place of residence of the child himself. Along with the claim, the ex-spouse must submit to the court a set of documents , which includes:

• a copy of the plaintiff’s passport and information about the defendant;
• child's birth certificate;
• documents confirming the need to restrict rights (medical certificates, police department documents indicating travel or detention of the defendant);
• testimony, oral or written, confirming the parent’s inappropriate, aggressive behavior.

Guardianship and trusteeship authorities must be involved in the hearings. A decision to limit parental rights is made only if there are compelling arguments. However, according to Art. 75 of the RF IC, the father, even after a court decision, can communicate and see the child with the permission of the guardianship and trusteeship authorities, if their meetings do not harm the child.

In addition to questions about the father’s communication with the children, the court, at the mother’s request, may consider the order of meetings with other relatives (grandmothers, aunts, grandfathers). Sometimes it is communication with them that negatively affects the minor. Since relatives do not have parental rights and responsibilities, the court cannot limit them. But if significant evidence is presented, a decision may be made regulating the time, frequency and territory of their meetings with the child. Often in such situations, court-ordered communication occurs only in the presence of the mother .

Arbitrage practice

Consideration of the issue of limiting communication between a parent and a child is always considered by the court, based on the interests of the minor. Judicial practice shows that not all claims of this kind are satisfied. The possibility of a child meeting with a parent living separately depends largely on his age. A mother who believes that communication with a father could harm a child under three years of age is more likely to obtain a decision to limit communication.

The authority treats the conclusions of the guardianship authorities and witnesses with greater confidence than the testimony of the ex-wife. It is a conversation with social workers that can confirm that after communicating with a parent, the child’s emotional state changes. After talking with a psychologist and guardianship officials, the court may offer an alternative solution. For example, do not limit the father’s parental rights, but change the mode of communication with the child, reduce the time of meetings, oblige the ex-spouse to see the offspring only on the mother’s territory.

Sometimes a minor who has reached adolescence can independently speak at a court hearing and refuse to meet with a parent, explaining his position (Clause 2 of Article 56 of the RF IC). In this case, his opinion will be decisive.

How long can you see your child?

They ask us:

At what age can a father pick up his child for the weekend? Is the procedure for communicating with a child under 3 years old different from the procedure for communicating with a schoolchild and an older child.

We answer:

Father and mother have the same rights, so the law cannot prohibit a father from taking a child under 3 years old for the weekend if the mother does not mind. However, this is not always advisable: for example, an infant needs breastfeeding and cannot do without maternal care for a long time. Therefore, most often, when determining the order of communication between a father and children under 3 years of age, the court allows the child to visit in the territory of the mother’s residence or for the father to communicate with the child on his or neutral territory exclusively in the presence of the ex-wife.

The time of communication between the father and other relatives and the baby is also agreed with the mother or determined by the court. Naturally, this time will be significantly less than the time spent communicating with an older child.

Circumstances that influence the order of communication with the child

When determining the order of communication with the child, the court takes into account the following circumstances.

• Child's age. If the baby is 2-4 years old, then meetings with his father will be short, since at this age he is attached to his mother. If the child is 12-14 years old, then the father can take him for the whole weekend and 1 month of vacation a year.
• Health status of the child and parents. If the child is disabled and the father does not have the knowledge and skills of how to act in a critical situation, then the frequency and duration of meetings will be minimal. If a man suffers from alcoholism and other serious illnesses, then the court is unlikely to allow him to see his child often.
• The distance between the places of residence of the child and the father. If the travel time takes 1-2 hours one way, then the court may allow the father to see the child only on weekends.

There are other circumstances that can also indirectly affect the court's decision:

• the degree of attachment of the child to each of the parents;
• the lifestyle of the mother and father, their financial well-being, the availability of conditions for a normal life for the child;
• marital status of the parents, the relationship of the new spouses with the child from the dissolved marriage.

Agree verbally or draw up an agreement

They don't allow me to see my child - what should I do?

Try to discuss the problem without negative emotions. If this is not possible, contact a good family law attorney and negotiate through him. You can stipulate the procedure for communicating with a child orally, but if there is a conflict between spouses or relatives, it is better to conclude an agreement in writing - in this case, if the other party violates the established procedure, you will have something to rely on.

How to draw up an agreement with your spouse?

So, spouses/ex-spouses, close relatives can enter into an agreement on the procedure for communication between the child and the father or mother (clause 2 of Article 66 of the Family Code). The document describes in as much detail as possible all the conditions on which communication with minors will be based.

Be sure to include:

1. Meeting place (write down all possible options: it could be your apartment or the apartment of the parent with whom the child lives, a street, a country house, etc.);

2. Frequency and time of communication (number of meetings per week/month/year, specific time intervals);

3. The procedure for communication (any nuances that you agree on).

When preparing an agreement, carefully ask the child’s opinion. If the child is over 10 years old, it is mandatory to take his opinion into account (Article 57 of the Family Code).

The agreement is considered to have entered into force from the moment it is signed by the parties. It is not necessary to have the document certified by a notary. To correctly draw up an agreement on the procedure for communicating with a child, it is better to consult a good specialist in family disputes.

get help in negotiations with your spouse

If the issue could not be resolved peacefully

Contact the guardianship authorities

If the issue cannot be resolved peacefully, it is better to contact the guardianship authorities. An application to determine the order of communication with a child can be submitted by any of the parents or a close relative. Guardianship representatives will conduct an inspection, listen to the opinions of the child and each of the interested parties, facilitate constructive communication between loved ones in the interests of the children and the conclusion of an optimal agreement, and may also oblige the parent not to interfere with the applicant’s communication with the child.

If the requirements of the guardianship and trusteeship authorities are not met, go to court.

Initiate a legal dispute about children during divorce

Contact the court of general jurisdiction (district court) at the place of residence of the defendant - the parent who prohibits communication with the child or the person whose communication with the child needs to be limited.

Statement on the procedure for communicating with a child

An application to the court about the procedure for communicating with a child is drawn up in free form, according to the general rules for drawing up statements of claim. A sample document can be found in the public domain (on the Internet), but seeking help from specialists will greatly increase your chances of success in court.

The application must be accompanied by the necessary documents (birth certificates of children, divorce document, communication schedule with the child), documentary evidence of your requirements and copies of the application with attachments according to the number of parties to the dispute. The prosecutor and guardianship authorities are involved as third parties.

There is no need to pay state duty.

Counterclaim regarding the procedure for communicating with a child

If you find out that an application has been filed against you, your rights and interests of the child are at risk, hurry to file a counterclaim to determine the procedure for communicating with the child in accordance with the provisions of Art. 39 Civil Code of the Russian Federation. A counterclaim will increase your chances of winning in court and ensure that your rights are respected.

Serious work needs to be done so that the counterclaim is not rejected, but accepted for proceedings. Experts from our legal team can advise you free of charge on how to correctly draw up a counterclaim regarding the procedure for communicating with children.

Get a court decision

You can receive the court decision in person or wait for it to be sent by mail. The decision comes into force after the deadline for appealing it has expired, and if a complaint has been filed with a higher authority, then immediately after its consideration and a new decision is made.

The court decision is binding, but it is not final and valid throughout the entire period of the child’s growing up. If necessary, changes in the life circumstances of the former spouses, the order of communication can be adjusted - also through the court at the request of a parent (close relative) or at the request of the child himself, if he has reached the age of fourteen (Article 56 of the Family Code).

If the court decision is not executed, contact the bailiffs

Even if the court has approved a certain order of communication, an unscrupulous parent may violate it. For example, again and again inventing different excuses to prevent you from communicating with your child. These could be fictitious illnesses of the child, long trips, and even moving to another city.

You shouldn’t always take someone’s word for it, much less fall for similar tricks many times. If the court decision is not executed, contact the bailiff service with a corresponding statement. The bailiffs will oblige the defendant to execute the court decision within 5 days from the date he receives the order to initiate enforcement proceedings.