Determining the child’s place of residence
Child abduction in Belarus
Children have the right to special, preferential and priority care, both from their parents and from the state. Family is the best environment for the proper development of the child, and the child’s right to life in the family is enshrined in article 185 of the Marriage and Family Code. Legislation on the rights of children is aimed at achieving well-being, creating the best conditions for the maintenance and upbringing of children for their harmonious development. The children’s lawyer of our law office provides legal assistance that is also aimed at achieving these goals.
As a general rule, the place of residence of the child is considered the place of joint residence of the parents.
However, not all parents live together, especially those who are unmarried or whose marriage has been dissolved. Meanwhile, our child protection lawyer will draw your attention to the fact that the child has an equal right to care and attention from the mother and father, regardless of whether the parents live together or separately. This right is enshrined in law in paragraph 2 of article 185 of the Marriage and Family Code.
In order to ensure this right of the child, with taking into account the equality of rights and obligations of parents in relation to their child, the child’s place of residence is determined by the joint consent of the parents. If an agreement can’t be reached, you will be assisted by the children’s lawyer in our law office.
Our children’s lawyer will explain what may be considered the child’s place of residence (determining the child’s place of residence)
According to paragraph 7 of the Regulation on the registration of citizens at the place of permanent or temporary residence, approved by the Decree of the President of the Republic of Belarus of September 7, 2007 No. 413, registration of minors under the age of fourteen at a place of residence is carried out:
at the place of residence of their parents (adoptive parents);
at the place of residence of one of the parents with the consent of the other parent or by a court order/shared parenting agreement, which determine which of the parents the minor will live with;
at the location of residential premises, including residential rooms assigned to minors in accordance with the procedure established by law.
The children’s lawyer of our law office will draw your attention to the fact that the rule on the child’s place of residence matching the place of residence of one or both of their parents is valid until the child reaches the age of fourteen. A child between the ages of fourteen and eighteen has the right to live independently subject to living conditions, material support and supervision by the guardianship authorities. Minors acquire the right to determine their place of residence independently of the will of their parents and other persons as a result of emancipation and marriage.
LAWYER FOR DETERMINING THE CHILD’S PLACE OF RESIDENCE
Our children’s lawyer will explain in detail all the provisions of the legislation on the matter of children’s residence.
Disagreements between the parents about who their common child will live with are resolved in court based on the interests of the child. Disputes about the child’s place of residence when parents are separated belong to disputes related to the upbringing of children. In such cases, your interests will be professionally represented by the children’s lawyer of our law office.
When considering cases on the determination of the place of residence of the child the court must take into account the age of the child, their attachment to each of the parents, their brothers, sisters, other family members, moral and other qualities of the parents, the relationship existing between each parent and the child, the degree of care and attention shown to the child from the parents based on their line of work, working hours, and other living conditions, the ability of each of them to provide adequate material standards and living conditions for the upbringing and development of the child, moral and psychological atmosphere, as well as other circumstances.
The advantage in the material situation and living conditions of one of the parents is not in itself an unconditional reason for transferring the child to them for upbringing.
The children’s lawyer of our law office will help you figure out all the points that may have an impact on the outcome of the case in court.
Our child protection lawyer will draw your attention to the important fact that parents often lose sight of when trying to defend their interests. The opinion of the child who has reached the age of ten must be taken into account when considering a case. The child’s opinion on which parent they will live with is ascertained by the guardianship authorities. If necessary, it can also be clarified by the court both in the course of preparing the case for trial and during the trial through a personal conversation in the presence of a teacher. It is determined whether the child’s desire is sincere or whether it was influenced by one of the parents or other persons (grandfather, grandmother, older brothers and sisters, other relatives and concerned parties), etc. The children’s lawyer of our law office will explain that the decision is made by the court taking into account the child’s wishes, except in cases where it goes against the child’s interests.
Cases on determining the child’s place of residence are considered by the court with the mandatory involvement of the guardianship authorities, which provide their own conclusion. The conclusion of the guardianship authorities is drawn up in the form of a separate document on the basis of the acts of examination and provides a detailed analysis of all the circumstances concerning the child’s living conditions and their relationship with the persons claiming to be raising the child, and contains a decision on the merits of the dispute. The children’s lawyer of our law office will explain to the persons concerned the procedure for the adoption of this conclusion, what issues it is intended to highlight and its significance.
Participation of the guardianship authorities in the case concerning the determination of the place of residence of the child is very important as this body conducts a survey of the child’s living conditions and those claiming to be raising them, which is formalized by relevant acts, reflecting the material and living conditions, sanitary condition of the living quarters, the nature of the relationship within the family, and other circumstances that are important for the correct conclusion on the merits of the dispute. Documents related to the issue under study may be attached to those acts. Acts with the attachments must be appended to the conclusion and sent to the court together.
The court has the right to make a ruling on a follow-up survey, and also, having reasons not to agree with the opinion contained in the conclusion, make another decision.
Paying attention to the significance of the conclusion of the guardianship authorities, the child protection lawyer of our law office will tell you what points you need to focus your attention on when interacting with the said authorities, as well as will professionally represent your interests in these bodies.
One must not forget that parents can avoid litigation and conclude a shared parenting agreement. This document will resolve the issue of the common child’s place of residence and save the parents from disputes in the future. All questions regarding the conclusion of a shared parenting agreement will be explained in detail by our children’s lawyer.
Legal relations between parents in regards to child upbringing are lasting, so the existence of a court decision on the determination of the child’s place of residence is not an obstacle to the initiation of a new case between the same parties and of the same subject, if the circumstances on which the decision was based have changed. The grounds for changing the child’s place of residence must be substantial and permanent. If previously being with one parent was in the interests of the child, then after a certain period of time it may begin to go against their interests, for example, because of the parent’s developed addictions, lack of work, etc. Our children’s lawyer will help you get a decision in your favour, if it meets the interests of the child.
Our children’s lawyer is ready to provide you with the following legal assistance in determining the child’s place of residence:
– Child protection lawyer analyzes documents and provides advice on determining the child’s place of residence;
– Children’s lawyer prepares a claim to determine the child’s place of residence for submission to the court;
– Children’s lawyer represents clients in courts and guardianship authorities on issues of determining the child’s place of residence.
Needless to say, cases of determining the child’s place of residence are difficult and complex, and the process can take a long time. Moreover, conflicting relationships between the parents affect the emotional state and physical health of the children. Issues concerning the interests of children are always very personal and sensitive. The children’s lawyer of our law firm has extensive experience in handling such cases.
The issue of determining the child’s place of residence is the most important, since, based on its resolution, other disputes may be resolved in different ways, for example, on determining the visitation arrangements of the parent living separately and on recovering alimony. Therefore, a children’s lawyer is simply necessary for the proper resolution of the situation.
Each case on determining the child’s place of residence is different and has its own subtleties, which can only be taken into account by a specialist in this field, like our child protection lawyer. Regardless of which parent the child will live with, the parents should first of all try to consider the child’s interests, turning a blind eye to the conflict of interests among themselves. The children’s lawyer of our law office will help you look at the conflict situation in a different way.
For a qualified assessment of one’s specific situation, one needs to know all the specifics of the Belarusian legislation in this field. Our children’s lawyer will save you from problems and give you a professional view of the situation. Our lawyer will help you apply to the court, as well as will professionally represent your interests in court, including on the side of the defendant. Please contact us for more information.