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Establishing the child's place of residence in case of divorce of parents Determination of the place of residence of children after the parents' divorce Determination of the place of residence of the child state fee


When a couple gets married, each of them thinks it's forever. Unfortunately, yesterday people who love each other today decide to divorce. In addition to the division of property, they will have to decide on one more, perhaps the most important problem - with which of the parents the minor children will live.

If a couple has minor children, they can only divorce in court - by going to the magistrate's court. If the divorce is complicated by a dispute about the place of residence of the children, the divorce proceedings will be carried out in the district court. Simultaneously with the decision to dissolve the marriage, the court will decide on the place of residence of the children.

An exception to this rule is cases when one of the spouses is deprived of parental rights, declared dead or missing, sentenced to imprisonment for three years or more. Then the divorce takes place in the registry office, and the child remains to live with the parent who initiated the dissolution of the marriage.

What gives the definition of a child's place of residence

As a rule, after a divorce, the husband and wife leave. Who will the child live with? Either with dad or mom.

But the fact that a child lives with one of the parents does not at all mean that the other parent is deprived of the right to educate and provide him financially. Family law establishes that father and mother are equal in their rights. And even if the child lives with one of them, the rights of the second are not infringed at all.

Then why do you need a formal definition of the child's place of residence? And then that in connection with this, the father and mother have disputes.

First, sometimes parents simply cannot agree on which of them will be better for their children. Then judgment comes to the rescue. Even if it was possible to reach an agreement, it is necessary to document these agreements in order to avoid further misunderstandings.

Secondly, it is not uncommon for parents to completely forget about the child's needs, caring only about their own. The child turns into a way of revenge or manipulation. To stop this, it is necessary to finally determine with whom he will live - with dad or mom. In this case, the court turns out to be irreplaceable.

And so that the second parent does not feel infringed upon his rights in relation to children, the legislation provides him with other ways to exercise parental rights: meetings, communication with the child, participation in his upbringing, material support. You don't have to live with your children to be a good parent.

How is the child's place of residence determined in case of divorce?

Voluntary parental consent

It is not necessary to go to court to decide where and with whom the child will live. Father and mother can agree on everything themselves. And in order for the agreements to be documented, an Agreement on the determination of the child's place of residence is concluded. It is not necessary to notarize it.

In the statement of claim for divorce, it is necessary to indicate whether an agreement has been reached between the parents about the place of residence of the child. If an appropriate agreement has been concluded, it is necessary to mention this, and the document itself should be attached to the claim.

The court will check whether the agreements reached in the agreement are in the interests of the child and will approve it by its decision.

Determination of the child's place of residence in court

If the parents cannot come to an agreement on the residence of the children, the court independently decides this issue. In its decision, the court will not only determine with which of the parents the minor children will stay, but will also establish the procedure for communicating with the parent who lives separately from the children.

Going to court

Jurisdiction of the case on determining the place of residence of children

What is jurisdiction? This is the distribution of cases between courts. Where to file a statement of claim, where will the court proceedings be conducted, who will determine the child's place of residence?

Disputes about a child's place of residence are resolved only by a district or city court with the obligatory participation of the guardianship and guardianship authorities. Which court to apply to? As a general rule, you need to go to court at the place of registration of the defendant. But in some cases, the plaintiff can go to court at the place of his registration. To do this, he must provide evidence that a minor child lives with him (his birth certificate, a certificate from the housing authority, a passport with a stamp of registration).

Statement of claim on determination of the child's place of residence

To submit a dispute about the child's place of residence to the court, you need to draw up and submit a statement of claim.

How to make a claim correctly? The statement of claim must contain the following information:

  • The name of the court to which it is submitted;
  • Information about the plaintiff and the defendant - the parents of the child (full name, place of registration and residence, contacts);
  • Circumstances of the case: date and place of marriage, birth of children, divorce;
  • The arguments on which the plaintiff relies in his claims. Links to evidence. For example, a description of the advantages of living with a father for children - material well-being, affection, the child's habits, the convenience of the location of housing, the ability to take care of the child;
  • Link to legal regulations that confirm the validity of the requirements;
  • The wording of the request to the court - to determine the place of residence of the children with the plaintiff or the defendant;
  • List of applications;
  • Date of filing the claim;
  • Plaintiff's signature.

Documents for the court

In addition to the statement of claim, the following documents are submitted to the court:

  • The passport;
  • Marriage certificates, divorce certificates;
  • Birth certificates of children;
  • Certificate from the housing organization about the place of registration and residence;
  • Certificate of income from the place of work;
  • Bank statements;
  • Certificates of social benefits and benefits;
  • Characteristic;
  • The psychologist's conclusion about the child's attachment;
  • Other documents.

Note! The preparation of a package of documentation should be treated very responsibly. The outcome of the case will depend on what evidence the plaintiff provides to the court in support of his claims.

Counterclaim on determination of the child's place of residence

A counterclaim by the other parent may be filed in response to a claim from one parent. It may clarify or supplement the descriptions of the circumstances, set out other essential information, refute the statements of the initial plaintiff, and state opposite claims. Both claims are considered in one court proceeding.

By the way, the case of determining the place of residence of children can be considered in court more than once. The fact that there is already a court decision, which resolved the dispute between the parents, does not mean that the living conditions of the child, material opportunities and marital status of the parents cannot change. The court cannot refuse to accept a new or counterclaim to determine the child's place of residence.

State duty

According to paragraph 3 of Article 333.19 of the Tax Code of the Russian Federation, you will need to pay 300 rubles state duty for filing a claim to determine the place of residence of a child. This amount may increase if, in addition to the aforementioned claims, others are filed, for example, for divorce, for the recovery of alimony.

How does the court determine the child's place of residence?

Before we move on to discussing the main factors influencing a court decision, I would like to note the most important thing. The number one priority is the interests of the child. Not parents, but a child!

The court will determine the place of permanent residence where the best conditions will be created for it. And we are talking not only about conditions of a material nature, but also about mental, physical, and intellectual. The level of material support certainly matters. But no less, and maybe more significant for the court, the non-material side of the issue may turn out to be.

An attempt by one of the parents to embellish himself and denigrate the other parent is unacceptable for the court. The court will not allow to sort things out, behave rudely and defiantly, neglect or insult anyone.

All arguments must be reasoned, the circumstances must be proven, and the interests of the child are preferable.

The main factors that determine the place of residence of the child

As already mentioned, the interests of the child are preferable for the court. But how to determine in what place of residence these interests will be provided in the best way? Simply put, where will the child be better off - with dad or with mom?

This is where we will talk about the factors that must be taken into account by the court when determining the place of residence of children. This is the financial situation and living conditions, relationships with parents, the presence or absence of brothers and sisters, habits, characters. In the end, the court simply asks for the opinion of the child himself, provided that he is already 10 years old (Article 57 of the RF IC).

Let's consider these factors in more detail.

  1. The affection of children and parents.

A 10-year-old child can himself say to whom he is more attached - to dad or mom. If he is younger, a forensic psychological examination is allowed.

  1. Moral qualities of father and mother.

If one of the parents insists that the son or daughter live with him, he should provide evidence of his high moral qualities. This can be testimony of witnesses or testimonials from work, a religious community, a public organization, or a children's educational or educational institution.

A negative role can be played by bringing to administrative or criminal liability, conviction, registration in a narcological, psychiatric dispensary.

  1. Conditions for the development of the child.

It is a question of whether a father or mother will be able to give the child enough attention, provide the necessary care, provide medical care, provide education and all-round development. What will the child eat, how will he be dressed and shod? Where will you study and what to do in your free time?

In the end, in what conditions will the child live? House, apartment or dorm room, furniture and household appliances, cleanliness and warmth. It matters how far the place of residence is from kindergarten and school.

Parents will need to confirm the nature and nature of their employment (work schedule, weekends, vacations, business trips), provide the court with information about the sources and amounts of income, and clarify their place of residence.

  1. Habits.

A new place of residence is often a new kindergarten or school, new neighbors and friends, a new way of life.

  1. Opinion of the guardianship and guardianship authority.

The participation of the above-mentioned body in the case of determining the child's place of residence is mandatory. After communicating with the mother, father, children, after inspecting the place of residence of each of them, after a comprehensive study of the circumstances of the case, the PLO officer provides the court with an opinion on which of the parents would be more expedient for the child to live with.

  1. Opinion of other specialists.

The court has the right to involve and listen to the opinion of teachers, psychologists, psychiatrists, state inspectors for juvenile affairs.

Taking into account these and other factors, guided by the interests of the child, the court decides to determine the place of further residence of the child - with the father or with the mother. The subsequent change of the place of residence established by the court is possible only by a court decision - due to the changed circumstances.

The child's opinion is the most important factor in determining the child's place of residence

Child's opinionIs another important factor that must be taken into account by the court. If a child is already 10 years old, he is asked with whom of the parents - with dad or with mom - he wants to live. The child's opinion may be especially important (even decisive!) If the court doubts the correctness of its decision.

A conversation with a child can be held both at the hearing and outside of it. It is desirable - in the absence of parents, in order to avoid manipulation on their part. During the conversation with the child, the teacher must be present. If the guardianship authority decides that listening to the child's opinion is impractical or undesirable for him, this procedure can be avoided. Sometimes the child's opinion is not taken into account. But this does not mean that his interests are not taken into account!

Dad, mom, grandmother ... Who should the child live with?

Determining the place of residence of the child with the mother. Arguments in favor of the mother

The family law states that the rights of the father and mother are equal, which means that the chances of a child living with them should also be equal. But what happens in practice? The mother has an obvious advantage, even if she is inferior to her father by a number of important criteria. Why?

Primarily because there is a strong relationship between mother and child, which naturally and undeniably determines the place of residence of the child next to the mother. Of course, other factors besides this are taken into account.

But while the vast majority of claims are settled in favor of the woman, it cannot be argued that the chances of a father are slim. Although he does not have such an invisible connection with children, he can prove the presence of other advantages: impeccable moral character, material capabilities, a high standard of living, active participation in the life of children, emotional attachment.

But back to the mother. What evidence should she present to the court in order to win him over to her side?

  • personal testimony with convincing arguments;
  • characteristics from the place of work, from kindergarten or school, other institutions;
  • witness's testimonies;
  • the result of a forensic psychological examination;
  • the conclusion of the PLO on the living conditions of living;
  • income documents;
  • receipts, checks, contracts, bank statements and other documents indicating the degree of participation in the child's life;
  • videos, photographs.

Determination of the child's place of residence with the father. Arguments in favor of the father

Above, we mentioned that claims to determine the place of residence of a child with a father are a rarity in Russian judicial practice, and even more rare are positive decisions on such claims. As a rule, the child stays with the mother.

What should a father do, who wants to defend his right?

The most effective way to get your way is to prove to the court that living with the mother is against the child's best interests. This is obvious if the mother abuses alcoholic beverages, leads an immoral lifestyle, does not participate in the lives of children, does not care for them, does not engage in their education and development.

But the mother is not always so “bad”. We'll have to try - to prepare convincing evidence and weighty arguments in favor of the father.

Father's "trump cards" can be:

  • availability of work, stable income;
  • availability of suitable housing, ensuring normal living conditions;
  • mutual affection between father and child;
  • high moral appearance;
  • the opportunity to devote time to the child: take away and pick up from the kindergarten / school, spend joint leisure time, relax;
  • active participation in the life of the child;
  • no bad habits, healthy lifestyle.

Confirmation can be testimony, certificates and characteristics, receipts and receipts, photos and videos, as well as the conclusions of the PLO employees and other specialists.

If it is possible to prove the mother's improper fulfillment of her duties, combined with the father's absolute compliance with the requirements of the law and morality, one can be almost sure of a positive court decision. If a 10-year-old child also speaks in favor of his father, there is no doubt about it.

Determining the place of residence of the child with the grandmother. Is it possible to?

Sometimes grandparents are more involved in children's life than their own father and mother. Sometimes children actually live with their grandparents while the parents "live their own lives." Is it possible to formally determine the place of residence of children, for example, with a grandmother?

Unfortunately not.

According to the law, the place of residence of children is the place of residence of their parents (clause 2 of article 20 of the Civil Code of the Russian Federation). As for the grandmother and other relatives, the court can only establish the order of communication with them. For example, so that the parent with whom the child will live after the court decision is not deprived of the usual participation of the grandmother.

Execution of a judgment

Unfortunately, in our country, very often there are difficulties with the execution of court decisions. If one of the parents prevents the other from communicating or participating in the upbringing of children, for example, does not allow seeing the child or does not comply with the court decision determining who the child should live with, you should contact the bailiff service. On the basis of an application for non-compliance with the court decision, the bailiffs are obliged to ensure the execution of the court decision by transferring the child or to provide the opportunity to see and communicate with the child.

Registration of a child after the parents divorced

An important issue that worries parents is the registration of a child.

Without a residence permit, he will not be able to attend either a kindergarten or a school. Also, do not forget that an administrative fine - from 2 to 3 thousand rubles - may be imposed on a parent who allowed a child to live on a living space without a residence permit.

As a general rule, a child can be registered both at the place of residence of the father and at the place of residence of the mother. If the parents are divorced, the passport officer does not have the right to require the official consent of the father (mother) during the registration of the child's place of residence. A minor child has the right to be registered in the apartment of the father or mother, which they own, and their consent is not required until the child is 14 years old.

Arbitrage practice

The claims of the citizen Konstantin Petrovich Borisenko - to determine the place of residence of his daughter, Anna Konstantinovna Borisenko, born on 12.08.2011. his place of residence is at Moscow, st. Proletarskaya 150 sq. 85. In support of his claims, the plaintiff indicated that, in fact, his daughter had lived with him from birth to the present day. The mother does not take part in the child's life. The first time after leaving the family, the mother visited her daughter once a week or two, then she began to come less and less, limiting herself to telephone conversations, then the connection with her was interrupted.

A month ago, Valentina Ivanovna Borisenko filed a lawsuit for divorce, as she was going to enter into a new marriage. She announced her intention to take her daughter to the village of Krasnaya Dolina and to recover from her father, Konstantin Petrovich Borisenko, alimony for her maintenance.


Then the divorce takes place in the registry office, and the child remains to live with the parent who initiated the dissolution of the marriage. What determines the child's place of residence As a rule, after a divorce, a husband and wife leave.

Who will the child live with?

Either with dad or mom.

But the fact that a child lives with one of the parents does not at all mean that the other parent is deprived of the right to educate and provide him financially.

Deprivation of parental rights

Simple. In such cases, there is 100% evidence that the deprived parent should be deprived. These are documents proving child abuse and violation of his rights.

The cost of a lawyer's services is from 3 thousand rubles.

Difficult. In such cases, it is necessary to prove that the defendant commits illegal actions or inaction in relation to the child.

1 tbsp.

333.36 of the Tax Code of the Russian Federation, plaintiffs, when considering cases on the protection of the rights and legitimate interests of a child, are exempted from paying state fees.

It is quite obvious that the claim for the determination of the child's place of residence is aimed at protecting the interests of the child, therefore, the state duty for the requirements for determining the place of residence is not paid. The rest of the requirements, which are declared simultaneously with the requirements for determining the place of residence of the child, are paid without fail, for example, requirements for divorce, for the division of property.

Determining the order of communication with the child

In such cases, to guarantee the rights of the child and the parents themselves, it would be advisable to draw up an agreement on the procedure for the exercise of parental rights.

which will detail the schedule of communication with the child of the parent living separately from him. If the parents did not come to such an agreement, then the determination of the order of communication with the child (children) is carried out only in court.

The established jurisprudence shows that after the parents divorce, the majority of minor children remain to live with their mother, and therefore the courts most often determine the procedure for communication between the father and the child.

In the decision on determining the procedure for communication with the child, the court indicates the time, place, duration of such communication.

State duty determination of the child's place of residence

Statement of claim on determination of the child's place of residence

The ability of the father and mother to create the most favorable conditions for the child is necessarily determined, this includes a study of the schedule and working conditions, marital status, material wealth, housing and living conditions. The opinion of the child after reaching the age of 10 must be taken into account.
Thus, when drawing up a claim, it is necessary to pay attention to the circumstances that characterize the plaintiff in a more favorable light as compared to the defendant.

Statement of claim on the procedure for participation in the upbringing of a child

The parent with whom the child lives can come out with such requirements to arrange meetings with the child of the second parent.

When deciding issues related to the upbringing of children, the court will proceed from the child's age, the state of health, attachment to each of the parents, the child's day regimen, the remoteness of the parents from each other, the availability of opportunities to provide the child with a place to sleep and rest ( if requirements are made to leave the child for the night). Considering the above, the statement of claim should indicate in as much detail as possible about the possibility of providing the child with the most favorable conditions during communication.

State duty determination of the child's place of residence

The employee has the right to replace the credit organization to which the salary is to be transferred by notifying the employer in writing about the change in the details for the transfer of salary no later than five working days before the day of payment of the salary.

The place and terms of payment of wages in non-cash form are determined by the collective agreement or employment contract. Wages are paid directly to the employee, except in cases where another method of payment is provided for by federal law or an employment contract. Wages are paid at least every half month on the day established by the internal labor regulations, collective agreement, labor contract.

For certain categories of employees, federal law may establish other terms for the payment of wages. If the day of payment coincides with a day off or a non-working holiday, the payment of wages is made on the eve of this day. Payment for the vacation is made no later than three days before its start.

After the divorce of a married couple, a frequent and inalienable question becomes the determination of the child's place of residence, where it is decided with which of the parents he will be registered. Often this process occurs with some complications, therefore, court intervention is desirable. All the nuances of establishing the place of registration of children will be described below.

A child's place of residence is usually determined in two ways:

  • agreement between father and mother;
  • a lawsuit is filed.

Mutual agreement of the parents of the child

According to the rules of family law, after the divorce of the father and mother, the address where the child will be registered must be decided by both guardians, that is, an agreement must be drawn up between them on determining the child's place of residence. Here it is necessary to consider the opinions and desires of children. He will live with both his father and mother, if both parents are satisfied.

When agreeing and deciding that it will be registered with one of the parents, there is no need to draw up documents. But it is allowed to create a power of attorney or agreement on the place of residence of the child with the signatures of the father and mother. The document does not need to be notarized. The rules and timing of meetings with the other parent can also be written in this document.

The advantage of such an agreement is that the whole process takes place in a peaceful manner, without conflicts, it is not required to file a claim in court, and this contributes to friendly relations in the family.

If after the divorce it was not possible to establish the place of residence of the children, then a statement of claim is written to resolve this issue.

Application for establishing the place of residence of children

If the father and mother have not established the children's residence address, the case is resolved with the help of the court, that is, a claim or a claim is written. The jury for a long time study and consider the case, as well as all the collected materials and make their decision.

Determining the child's place of residence in the event that a claim is filed with the court takes quite a long time - on average six months. Of which about three months are considered the case itself, the same amount is spent on appeal and appeal.

The application for the determination of the child's place of residence is considered as follows: the whole family is monitored, which of them is able to better meet the upbringing needs and desires of the children. After that, it is already decided with whom the child will be registered.

The court considers the following mandatory parameters:

  • to which parent the children have the greatest affection;
  • age;
  • the relationship between children and caregivers;
  • opportunities for maintenance and care;
  • accommodations;
  • parental interest in teaching the child;
  • labor activity and their work schedule;
  • their family and financial well-being.
  • In addition, the following factors are taken into account:
  • quality of care;
  • general attitude towards children;
  • psychological situation around;
  • definition of a criminal record. It should be noted here that, for example, if the father was convicted, then this will not be considered the basis for deciding the place of registration with the mother. The reasons for the conviction, its terms, completeness and other criteria play a significant role here;
  • conditions for the rapid provision of medical care;
  • the marital status of the parents;
  • the presence of close friends in children;
  • how far the grandmother or grandfather lives, who, if necessary, could help the family;
  • proximity to educational and entertainment infrastructures;
  • the claim and the reason for its filing.

The list is not limited to these questions only. When determining the place of registration, many other factors are also taken into account.

When deciding a question, the jury draws attention to all these points.

What can be in favor of one of the parents?

The court may establish the place of residence of a child with one of the parents if:

  • The house or apartment where the father or mother lives and is registered, comfortable for the residence and registration of children in it. Here you should take into account the location of the housing. As a rule, the number of needs for special amenities depends on this. For example, families who live in a village are usually satisfied with a simple wooden house, but city dwellers will not be enough. But in both cases, such housing will be suitable for living and keeping children in it.
  • The quality of living and the conditions for spending time - the presence of a private room or a separate bed, a desk, an area for games and the presence of toys themselves, healthy food, and more. All these parameters are checked by the jury when deciding the issue.
  • The financial viability of the parents. Financial solvency is understood as the presence of money earned through work, renting out housing, commercial activities or in other ways. The income must be sufficient to provide for the children. In some cases, you can focus on the cost of living. In addition, it should be remembered that the guardian must also receive child support from the second guardian. To do this, you also need to file a claim with the court.

Studying the relationship between children and parents

After the claim is filed with the court, the jury is obliged to study the nature of the relationship of children with the father and with the mother separately. This is usually done by doing the following:

  • intra-family relationships are investigated;
  • psychological characteristics of parents and children;
  • the case as a whole is considered;
  • it turns out whether there is a psychological influence on the child from the father or mother.

In favor of whom does the court more often come out?

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Most often, children are assigned to live with their mother. This is justified, first of all, by high affection for each other. Moreover, the mother is able to show more care and attention, unlike the father.

As for the financial condition of women, now they earn no less than men. And if the father is the most financially secured, this is not an indicator for deciding the place of residence with him.

Determining the child's place of residence with the father is also possible. Most often this happens when the mother is insolvent, when she is unable to raise and support children for a number of reasons.

State duty on an application for determining the place of residence of children

In the Tax Code of the Russian Federation, Art. 333.19 indicates the size of the state duty, which are considered by the courts of general jurisdiction. From January 1, 2015, the level of the state duty is 300 rubles. In some situations, there is a different amount close to this.

According to the Tax Code, people who filed a lawsuit to establish the place of residence of children are exempted from paying state fees, since the statement of claim was directed in favor of their rights and interests.

If at the same time a statement of claim for divorce, division of property, etc. is filed, then the state duty must be paid without fail. If a claim for payment of alimony is written, then it is not paid by the state fee.

From all this, the following conclusion can be drawn: after the claim is filed in court in order to establish the place of residence, the state duty is not paid.

But if the court decides that it is necessary to make payment, then it will still be necessary to do this, especially since the state duty is not such a large amount.

Application (claim) for determination of the child's place of residence

In situations where the father and mother could not independently agree on the question of which of them the child will be with, the only thing that remains to be done is to write a lawsuit to determine the child's place of residence in court.

A claim or a statement on the determination of the place of residence must be correctly drawn up, namely, the following data must be registered:

  • city \u200b\u200band area of \u200b\u200bthe court;
  • information about the plaintiff: name of the plaintiff, address of actual residence, telephone number;
  • information about the defendant: name of the defendant, address of residence, telephone number;
  • data on the guardianship and guardianship authorities: address of location, contact phone number.

After that, you should carefully and carefully write down the request for the decision of the place of residence of the children with the plaintiff. At the same time, it is necessary to try to describe all the factors indicating the possibility of their favorable upbringing and content. It is advisable to write in detail about yourself: place and schedule of work, registration, financial condition. In addition, it is necessary to indicate in the claim a request for the recovery of maintenance payments from the defendant in the amount of one fourth of his salary.

The drawn up claim must be supplemented with birth certificates of children and the guardian's passport.

It should be remembered that the child's place of residence is determined for a rather long time after the moment the claim is filed. All this time, the jury will consider the case, study the relationship between children and parents, look at their homes, etc. After the court makes a decision, it will be possible to register the children.

It is advisable that after the divorce, the parents independently decide the question of who the children will live with and their registration. But here it is necessary to take into account the child's wishes, opinions and interests. With self-approval, conflicts usually do not occur, there is no need to draw up any documents or file a claim or statement of claim in court. And the relationship after that in the family does not reach a critical point.

Attention! Due to the latest changes in legislation, the legal information in this article may become out of date! Our lawyer can advise you for free - write a question in the form below:

Similar posts

Often, marriages between spouses break up. This process is complicated by the presence of minor children, when it is necessary to determine with whom the minor will live, as well as the order of his communication with the second parent.

Dispute categories

This claim belongs to the category of disputes arising from family relations. Often, this requirement is not considered separately, but is presented in conjunction with a claim for dissolution of a previously concluded marriage.

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This dispute arises when when the parents were unable to conclude an agreement on their own on how the place of residence of the child will be determined or there was an agreement, but the child is in danger, he is not properly raised and cared for.

Where to begin

Before filing a claim to determine the child's place of residence, you need to try to resolve the conflict yourself by concluding an amicable agreement with the other parent. If this cannot be done, you need to file an application with the judicial authority.

Important! If the child is already ten years old, then his opinion will be heard by the court. Therefore, it is necessary to talk with the child and understand with whom he really wants to live. If he is already 14 years old, his opinion will play a decisive role in determining the place of permanent residence.

You also need to collect and prepare the evidence base:

  • in the form of documents, conclusions of the guardianship authorities, testimonies of witnesses, which would indicate that it is with this parent that the child will be more comfortable;
  • you can also provide a certificate that determines income, which proves that the child will live in more favorable conditions.

Where is submitted (jurisdiction)

Before filling out an application to the court, it is necessary to determine which institution it needs to be submitted to. The application can be submitted both at the place of residence of the defendant and the plaintiff... This provision was indicated in the Review of the judicial practice of the Armed Forces of the Russian Federation. Such disputes can be dealt with.

As a rule, at the place of residence of the plaintiff, such claims are filed when the child lives with him. All of this is aimed at protecting the rights of the child. If he lives with the defendant, then it is recommended to file a claim at his place of residence.

Thus, it all boils down to the fact that the jurisdiction of filing a claim of this kind is determined by the place of residence of the minor himself.

State duty and documents

A duty is understood as a mandatory payment credited to the state treasury, the payment of which is a prerequisite when certain legal actions are taken against a citizen.

Important! Disputes about the determination of the child's place of residence are not subject to state duty.

In order to file a claim, you must provide the following documents:

  • child's birth document;
  • parent's passport;
  • documents having the force of evidence: certificates, contracts, conclusions, etc.

What is taken into account by the court

  1. First of all, the opinion of the child is taken into account. However, this does not always happen. It is necessary that the minor has already turned 10 years... His opinion is not obligatory, but it is still heard and taken into account.
  2. If the minor at the time of the trial has turned 14 years, then his word is crucial in determining the place of residence.
  3. The court also takes into account:
    • the lifestyle of the parents;
    • their wages;
    • the conclusion of the trusteeship bodies in relation to each of them.

Arguments for living with your mother

Today, there is an unspoken presumption in the judicial system of the Russian Federation, according to which the place of residence of a child is determined by the place where his mother lives. Therefore, in this situation, the mother only needs to lead a decent lifestyle and have a permanent job. Then the court will take her side and establish that the child should live with her.

Arguments for living with your father

A court decision on the residence of children with their father is a rather rare phenomenon, however, such cases also take place:

  1. The father needs to prove that the spouse behaved immorally during the marriage and did not change her behavior after the dissolution. Such immorality can consist in the use of alcohol, drugs, and child abuse.
  2. You can also refer to the mother's lack of earnings.
  3. Testimony also plays an important role. You can involve neighbors, the district police officer and other persons who could confirm that the mother's residence with the child is not safe.
  4. The testimony of relatives is also allowed, but they should not be interested in the outcome of the case. Witnesses are warned of liability for giving false or fraudulent testimony.

How to properly file a claim to determine the child's place of residence

The claim must be in writing. It is also allowed to submit an application through the portal of public services on the website of a particular court. The claim can be directed both by the applicant himself and by his representative, whose powers are supported by a power of attorney.

The claim must necessarily include:

  1. Name of the judicial authority, address and zip code.
  2. Name of the applicant and the person recognized by the defendant, their place of residence.
  3. Description of the problem with a link to evidence.
  4. The requesting part, where the points indicate what the plaintiff ultimately wants to receive.
  5. List of attached documents.
  6. Date and signature.
  • the child is under 18 years of age;
  • the plaintiff was not against the child.

The evidence that is attached to the claim must be true and reliable. Both copies and originals of documents may be attached. A receipt for payment of the mandatory fee is not required in this category of dispute.

Sample 2019

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  1. The claim must necessarily indicate - when the marriage was concluded and the date of its dissolution. For the reliability of this information, you must refer to the corresponding entry in the register of acts of civil status.
  2. It should be noted that an agreement on the determination of the child's place of residence was not reached or was, but it is not respected by the respondent. The plaintiff must argue why the child would be better off with him.
  3. In order for the claim to be drawn up competently from a legal point of view, it is necessary to refer to the articles of the laws regulating these legal relations (Civil Code, Family Code) and briefly disclose their content. This entry should be in front of the pleading part.

Counterclaim statement

In this category, disputes are practically not used. This is due to the fact that the counterclaim basically covers only the monetary claims of the plaintiff against the defendant. But within the framework of these legal relations, the defendant may issue, presenting proof of their innocence.

This legal action is similar to that which is applied exclusively in the arbitration process. The objection can be decisive if supported by truthful evidence and an indication that the plaintiff is lying.

Execution of a judgment

The court in this dispute may make one of the following decisions:

  • leave the child with the mother;
  • determine the location of the child with the father.

Regardless of the decision made by the court, the execution of the court decision is carried out after its entry into legal force. To do this, you need to take into account the time allotted by law to appeal the decision. The legislator introduced for this category of cases reduced terms for the entry into force of the court decision - 10 days.

The guardianship authorities facilitate the execution of the judgment. They are the ones who monitor whether the child's move has taken place. In the event that a minor is illegally with a parent, the guardianship authorities, together with police officers, can forcibly withdraw the child and send him to the citizen with whom he is obliged to live.

If the child's opinion was not taken into account, and he does not want to live with the parent whom the court has determined, then a second claim can be filed, but already in the order of appeal, cassation and supervision. During the time allotted for the appeal, the child must live with the person determined by the first instance court.