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The decision to determine the order of communication with the child. Determining the order of communication with a child according to the law: judicial practice Determine the time of communication with a child


Court decisions based on the application of the norm of Article 66 of the Family Code of the Russian Federation.

Art. 66 RF IC. Exercise of parental rights by a parent living separately from the child

Arbitrage practice

    Decision No. 2-5423/2019 2-5423/2019~M-4147/2019 M-4147/2019 dated July 26, 2019 in case No. 2-5423/2019

    Leninsky district court of Tyumen (Tyumen region) - Civil and administrative

    Mental, spiritual and moral development of their children. Parents have a preferential right to raise their children over all other persons. By virtue of the provisions of Articles 65 and 66 of the Family Code of the Russian Federation, Anna's parental rights may be exercised in conflict with the interests of the children. A parent living separately from the child has the right to communicate with the child, participate in ...

    Decision No. 2-2617/2019 2-2617/2019~M-2139/2019 M-2139/2019 dated July 25, 2019 in case No. 2-2617/2019

    Industrial District Court of Khabarovsk (Khabarovsk Territory) - Civil and administrative

    Parents and the child, the possibility of creating conditions for the child's upbringing and development (type of activity, work schedule of parents, financial and marital status of parents, etc.). According to Art. 66 of the Family Code of the Russian Federation, a parent living separately from the child has the right to communicate with the child, participate in his upbringing and address issues of education. As stated in the trial...

    Decision No. 2-547/2019 2-547/2019~M-478/2019 M-478/2019 dated July 25, 2019 in case No. 2-547/2019

    Ust-Donetsk district court (Rostov region) - Civil and administrative

    There is no case file. Determining the place of residence of the child with his father, the court considers it necessary to clarify Shamota A.Yew. and Shamota T.Yu. Clause 1 of Art. 66 of the Family Code of the Russian Federation, according to which a parent living separately from the child has the right to communicate with the child, participate in his upbringing and resolve issues of the child's education. Parent, with...

    Decision No. 2-681/2019 dated July 25, 2019 in case No. 2-681/2019

    Caspian City Court (Republic of Dagestan) - Civil and administrative

    RF parental rights cannot be exercised in conflict with the interests of children. Ensuring the interests of children should be the main concern of their parents. According to Part 1 of Art. 66 of the Family Code of the Russian Federation, a parent living separately from the child has the right to communicate with the child, participate in his upbringing and resolve issues related to the child's education. The parent who lives with...

    Decision No. 2-4102/2019 2-4102/2019~M-8238/2018 M-8238/2018 dated July 25, 2019 in case No. 2-4102/2019

    Vsevolozhsk city court (Leningrad region) - Civil and administrative

    Parents, grandparents, brothers, sisters and other relatives. The dissolution of the marriage of the parents, its annulment or the separation of the parents does not affect the rights of the child. According to Art. 66 of the Family Code of the Russian Federation, a parent living separately from the child has the right to communicate with the child, participate in his upbringing and resolve issues of the child's education. The parent who lives with...

    Decision No. 2-1263/2019 2-1263/2019~M-999/2019 M-999/2019 dated July 24, 2019 in case No. 2-1263/2019

    Takhtamukaysky District Court (Republic of Adygea) - Civil and administrative

    And the moral development of their children. Parents have a preferential right to the education and upbringing of their children over all other persons. According to Part 1.2 of Art. 66 of the Family Code of the Russian Federation, a parent living separately from the child has the right to communicate with the child, participate in his upbringing and resolve issues of the child's education. The parent who lives with...

    Decision No. 2-2-2810/2019 2-2-2810/2019~M0-2-1476/2019 M0-2-1476/2019 dated July 23, 2019 in case No. 2-2-2810/2019

    Avtozavodsky District Court of Tolyatti (Samara Region) - Civil and administrative

    On sexual self-awareness and value orientations of the sex-role position of a person realized in communication and activity. At the same time, the court considers it necessary to explain to the parties the provision of Art. 66 of the RF IC, according to which a parent living separately from the child has the right to communicate with the child, participate in his upbringing and resolve issues of the child's education. Parent, with...

    Decision No. 2-615/2019 2-615/2019~M-515/2019 M-515/2019 dated July 19, 2019 in case No. 2-615/2019

    Malgobek city court (Republic of Ingushetia) - Civil and administrative

    The bodies of guardianship and guardianship of the administration of the municipality "Malgobeksky municipal district" and the administration of the municipality "" Musostova R.L. and Tsechoeva E.R. subject to Art. 61, 63, 66 of the RF IC consider it appropriate to establish the procedure for communicating with children, proposed by the mother. In accordance with Part 1 of Art. 66 of the RF IC, a parent living separately from a child has the rights ...

When the question is resolved, with which of the parents the child will live. The rights of the other parent are not limited. Former spouses often live separately, which makes it difficult to communicate with a child after a divorce. In some cases, disputes about the schedule of meetings between the parent and the minor are resolved in court.

General provisions

By law, parents equally take care of the child, bear the burden of expenses, take part in his upbringing. The relevant provision is set out in Articles 63 and 66 of the RF IC. No one can prevent a citizen from communicating with his child, since education takes place in the process of interaction.

If the spouses are divorced or live separately, they cannot equally participate in the life of the child. Therefore, a certain order of interaction with a minor is established.

You can limit communication only in a number of cases:

  • the parent negatively affects the mental state of the child;
  • communication has a bad effect on the moral development of a minor;
  • the parent harms the physical health of the child.

Limitations do not require the opinion of any competent authority. The parent with whom the child lives, at its discretion, takes the necessary measures.

For example, a father's communication is limited if he reacts inadequately to the behavior of a minor: he yells at him, calls him names, beats him. The child's mother prevents meetings. If the father does not agree with this state of affairs, he should go to court.

Communication can take several forms:

  • meetings;
  • visits to a cafe, circus, park, etc.;
  • joint games and other entertainment;
  • travel;
  • talking on the phone or via the Internet, video calls;
  • SMS, messages in instant messengers, emails;
  • other forms.

A parent living separately chooses the desired form of communication. Participation in the life of a child should not interfere with his education.

Establishing a relationship with the child

Citizens negotiate co-parenting in several ways:

  • orally;
  • by making a written agreement;
  • through the court.

In most cases, former spouses resolve the issue orally. Parents themselves set the order and time of communication, change it at their discretion.

IN article 66 of the RF IC It is stated that parents can conclude a written agreement on the implementation of the rights and obligations in relation to the child. The document should include the following information:

  • name, date and place of compilation;
  • FULL NAME. and passport details of the parties;
  • description of the subject of the agreement: communication with a common minor child;
  • communication schedule of a parent living separately;
  • the rights of the parties: to participate in the upbringing of the child,
  • obligations of the parties: not to obstruct the other parent when communicating with a common child, to inform the other party if it is impossible to meet, etc.;
  • final provisions: the term of the agreement, the number of copies, the procedure for changing;
  • signatures, full name sides.

There is no legal requirement that the document be certified or registered anywhere. Most often, the parties turn to a notary public so that the specialist draws up the text of the agreement without conflicting points.

Also, the question of what responsibility the parent bears in case of violation of the established procedure has not been resolved. The norms of the RF IC do not provide for sanctions against former spouses who do not comply with the signed agreement on the rules for communicating between divorced parents and a child.

Most often, the agreement is drawn up for a year so that parents can review its provisions in the future.

If hostile relations have developed between the former spouses, the parties resolve the differences in court.

The established procedure for communication between parents and a child becomes invalid if a citizen reaches the age of majority or becomes fully capable. In this case, parents cannot restrict him in communicating with anyone or force him to do so.

Establishing the order of communication through the court

Disputes are considered in district courts at the place of registration of the minor. To start the process, the interested person prepares an application and the necessary documents. The appeal is sent to the court by mail or handed over personally through the office.

The parties are notified of the date and place of the meeting. The process must involve a representative of the guardianship authority at the place of residence of the child. Other relatives may be invited if they also wish to establish a schedule for contacting the minor.

The court hears the claims of the plaintiff, asks the defendant about her attitude to the subject of the dispute. The other side usually states that there are certain barriers between the minor and the parent living separately. Therefore, the proposed schedule cannot be unconditionally accepted.

During the meeting, the court requests information about the daily routine of the child, the work schedule of each parent. The position of the representative of the guardianship and guardianship body is also heard.

After that, the court determines on which days and at what time the parent living separately can meet with the child. The wishes of the parties to the process are taken into account, but the interests of the child remain the determining factor. Additionally, it is stipulated how family members celebrate the birthday of a minor and other holidays.

The parent should inform the court of all desired forms of communication. For example, if a parent wants to talk to a minor in the evenings via video calls, then a request must be made. If this form of communication is not specified in the decision, the other parent may rightfully prevent video calls.

The approved communication hours can only be reviewed in court. To do this, the interested person must file a claim, which will set out a reasoned request. Most often this is due to changes in the daily routine of the child or in the work schedule of one of the parents. In this case, a new trial will take place.

If the communication procedure approved by the court decision is violated, the citizen should contact the FSSP at the place of residence of the defendant. The bailiff may accompany a parent who wants to take the child for a hike somewhere, or issue a written order to remove obstacles.

Failure to comply with the court decision will entail the onset of negative consequences established in Article 5.25 of the Code of Administrative Offenses of the Russian Federation. For the first violation, a citizen will pay from 2 to 3 thousand rubles. For a repeated violation, a fine of 4 to 5 thousand or arrest up to 5 days is due.

Violation of the communication schedule by the parent with whom the child lives, after receiving a written request from the bailiffs, is regarded as a malicious failure to comply with the court decision. The other parent acquires the right to demand a change in the place of residence of the minor.

There will be no offense if the communication of the child with the parent began to harm the minor. For example, the mother began to notice bruises on the body of the child after his meetings with his father.

Factors affecting the order of communication

The Court pays special attention to several circumstances:

  • the age of the child (the younger he is, the stricter the conditions for interaction will be);
  • the period during which the citizen did not communicate with the child;
  • degree of attachment of a minor to one of the parents;
  • the mode of work of the former spouses;
  • place of residence of each parent.

If earlier communication with a minor was rare, then the court will most likely allow meetings of the father in the presence of the mother. Otherwise, it will be additional stress for the child.

The degree of affection is established in the course of a psychological examination. The study is appointed at the request of one of the parents or at the initiative of the court. In any case, each parent will have the opportunity to communicate with their child, even the interest in communication on the part of a minor is low.

How to make an application?

The appeal must contain the following information:

  • the name of the court;
  • plaintiff's details (full name, residential address, telephone number for communication);
  • information about the defendant (full name, address of registration);
  • information about the guardianship authority (name and address);
  • the name of the application and a brief description of the subject of the dispute (for example, on establishing the procedure for communicating with the child);
  • data on the date and place of registration of marriage with the defendant;
  • information about the date of birth of the child, his full name;
  • information about divorce: procedure, date of completion, with whom the child was left;
  • an indication that the minor is tied to both parents;
  • information about the condition of the child, if this may affect the decision of the court;
  • enumeration of factors that negatively affect the upbringing or development of the child (if any);
  • information about the characteristics of the place of work and residence;
  • link to Article 66 of the RF IC where the right of the parent to participate in the life of the child is fixed when the parents live separately;
  • an indication that the defendant is abusing his rights and restricting the other parent from seeing the minor;
  • links to articles 61, 63 and 67 of the RF IC, Articles 131, 132 of the Code of Civil Procedure of the Russian Federation;
  • the requirement to oblige the defendant not to interfere with the applicant's participation in the upbringing of the child;
  • the requirement to establish a proposed schedule of communication with the child;
  • list of attached documents;
  • date, signature, surname and initials of the applicant.

Usually, in a statement of claim, citizens demand 2 or 3 days of meetings per week (including 1 day on weekends), as well as the opportunity to spend a joint vacation once a year. Communication schedule requirements may be refined during the process.

There is no state duty for consideration of the case.

The application must be accompanied by:

  • 2 copies of the application (according to the number of persons participating in the case);
  • a copy of the marriage certificate;
  • a copy of the child's birth certificate;
  • information about the work schedule of a citizen;
  • characteristics from work and place of residence (for example, from a management company);
  • another document confirming the applicant's employment at a certain time (for example, a doctor's referral for treatment).

Arbitrage practice

The court is interested in the opinion of the child only in some cases. Minor citizens are questioned only after the testimony of a representative of the guardianship and guardianship authority. The court must make sure that the procedural actions will not harm the psyche of the minor.

Young children most often live with their mothers. Fathers are usually allowed to communicate during the daytime at the place of residence of minors. If children are older than 3 years, then parents living separately are allowed to take them to clubs, pick them up from school or kindergarten, take them to cultural events, etc.

Judicial practice shows that the court always proceeds from the interests of the child. His habits, attachment to one of the parents, the schedule of classes at school and circles, the remoteness of the residence of the former spouses, etc. are taken into account. The right of communication of a parent living separately is implemented in such a way as to minimally affect the established routine.

This circumstance is actively used by mothers of children who want to limit the communication of minors with their fathers as much as possible. They try to send minors to many additional activities in order to reduce the possible periods of meetings between children and former spouses.

The court decision specifies the days of the week and the time during which the parent living separately can communicate with the child. If a citizen works on a staggered schedule, specific numbers of months can be determined. Weekends and holidays are divided equally between the parents.

If the plaintiff demands that the child stay with him overnight, the court will need to establish that the applicant’s apartment has the conditions for this: a sleeping place is equipped, is there a place for games and recreation, a desk to do homework (if the child walks to school), etc. Children under the age of five are allowed by the courts to sleep with the other parent only in exceptional cases.

In some cases, the parties to the dispute live in different cities. Then the court determines which of the parents transports the minor from home and delivers it back after the meeting.

The court prohibits communication between the child and the parent if the meetings may adversely affect the development of the minor. This requires a good reason. For example, previously a citizen used violence against a child, did not feed or educate him enough, which caused a developmental lag.

If there is evidence that the father (or mother) leads an asocial lifestyle, for example, abuses alcohol, then a representative of the guardianship and guardianship authority is interviewed. The official testifies how the behavior of the parent affects the child, whether it is possible for the parent to meet with the minor without prejudice to the development of the latter.

It is impossible to foresee all the nuances of relations in families in a court decision. Therefore, citizens are advised to coordinate the schedule of communication between parents and children without the involvement of government agencies.

To the Novokuibyshevsk city court of the Samara region

446200, Novokuibyshevsk, st. Safrazyana, 7

Claimant: FULL NAME1

Registration address:

Respondent: FULL NAME2

Registration address:

Third party: Department of guardianship, guardianship,

and protection of the rights of minors

Administration of the city of Novokuibyshevsk

Address: 446200, Samara region, Novokuibyshevsk, Kommunisticheskaya street, 39

STATEMENT OF CLAIM

about changing the order of communication with the child

The marriage between me, the Plaintiff and the Respondent was terminated on November 27, 2015, which is confirmed by the certificate of the registry office of the city of Novokuibyshevsk of the registry office of the Samara region, record of the act of divorce No. 110 of 04/01/2016

From this marriage, we had a daughter with the Respondent — FULL NAME3.

After the dissolution of the marriage, the child was left to live and currently lives permanently with me.

By the decision of the Novokuibyshevsk City Court of the Samara Region dated 05.05.2016, the following procedure was established for the Respondent to communicate with a minor child FULL NAME3:

— once a week on a weekday- Every Tuesday from 8:00 a.m. until 20.00 h. evenings at the place of residence of the mother at: ;

— on even weeks of the month- Sundays from 10:00 a.m. until 20.00,on odd weeks of the month- on Saturdays from 10.00 to 20.00, at the place of residence of the mother, as well as on neutral territory with visits to parks and cultural and entertainment centers within the Samara region in accordance with age and weather conditions, with the exception of periods of illness of the child, as well as joint recreation child with mother outside the city;

The decision of the court entered into force.

At the time of consideration of the civil case on the order of communication FULL NAME2 with the daughter, the order of communication declared by the Respondent was suitable for the daughter and therefore I did not object to his satisfaction, but now the circumstances have changed.

Currently, my daughter attends kindergarten on weekdays from 8.00 to 18.00 (full-time), which is confirmed by certificate No. 4 dated 18.01.

In addition, on Saturdays, my daughter has classes from 10.00 am to 11.00 am at the “NAME”, located at the address of Samara: ADDRESS.

The Respondent’s communication with his daughter according to the procedure established by the decision of the Novokuibyshevsk City Court of 05/05/2016 is impossible, the court decision is unenforceable and contrary to the interests of the daughter, since on weekdays FULL NAME 3 is in kindergarten until 18 o’clock. in addition, the Claimant works at Novokuibyshevsk Oil Refinery JSC daily from 8 am to 5 pm, and therefore cannot enforce the decision of the Novokuibyshevsk City Court of the Samara Region of 05/05/2016 in accordance with the established communication procedure. The plaintiff shows great concern for a healthy lifestyle, social adaptation of his daughter, creates conditions for her all-round development, so the daughter studies on Saturdays at the Center for Speed ​​Reading and Intellect Development. In connection with the child's daily routine for FULL NAME3, a free Sunday is required, when there is no need to gather somewhere, go, when there is an opportunity to relax at home, prepare for kindergarten, and practice applied arts.

In accordance with Part 1 of Article 3 of the Convention on the Rights of the Childin all actions concerning children, whether undertaken by public or private welfare agencies, courts, administrative or legislative bodies, the best interests of the child shall be a primary consideration.

In accordance with Art. 63 of the Family Code of the Russian Federation, parents have the right and obligation to raise their children and are responsible for the upbringing and development of their children. They are obliged to take care of the health, physical, mental, spiritual and moral development of their children.

According to Art. 65 of the RF IC, parental rights cannot be exercised in conflict with the interests of children. Ensuring the interests of children should be the main concern of their parents. When exercising parental rights, parents have no right to harm the physical and mental health of children, their moral development.

All issues related to the upbringing and education of children are decided by the parents by mutual agreement, based on the interests of the children and taking into account the opinions of the children. Parents (one of them), if there are disagreements between them, have the right to apply for resolution of these disagreements to the guardianship and guardianship body or to the court.

Considering all the above circumstances, I believe that in the interests of a minor child - FULL NAME3 it is necessary to change the order of communication with the Respondent.

Based on the above, guided h.1 Article. 3 of the Convention on the Rights of the Child, art. 63, 65 of the Family Code of the Russian Federation, art. 131-132 of the Civil Procedure Code of the Russian Federation,

PLEASE COURT:

Change the order of communication FULL NAME2 with his daughter FULL NAME3, and set it as follows:

- every Thursday from 18.00 hrs. until 20.00 h.at the place of residence of the Respondent or on neutral territory with visits to parks and cultural and entertainment centers within the Samara region in accordance with age and weather conditions, with the exception of periods of illness of the child, as well as a joint vacation of the child with the mother outside the city;

- on Saturdays from 13.00 hrs. until 20.00 h.at the place of residence of the Respondent, or on neutral territory with visits to parks and cultural and entertainment centers within the Samara region in accordance with age and weather conditions, with the exception of periods of illness of the child, as well as a joint vacation of the child with the mother outside the city;

- during the vacation of the father and on holidays, the meeting is carried out as agreed between FULL NAME2 and FULL NAME1.

Applications:

  • Receipt of payment of state duty.
  • Copy of birth certificate.
  • A copy of the decision of the Novokuibyshevsk city court of the Samara region dated 05.05.2016
  • Copy of certificate No. 4 dated January 18, 2018
  • A copy of the contract for the provision of information services dated November 30, 2017

Plaintiff_____________________________

Last modified: January 2020

Divorce is rarely amicable. If a couple has children together, the conflict between parents negatively affects their mental state. One of the unpleasant consequences is the prohibition of the father from communicating with the child. In the article, we will consider the features of meetings with children after a divorce, what to do if the mother forbids the father to communicate with children, how to determine the order of meetings peacefully and through the courts, is it possible to legally limit communication, what is the judicial practice on disputes over determining the order of communication with children.

Features of the procedure for communicating with a child after a divorce

Whether the parents are married or divorced does not affect the rights of the children. In accordance with Part 1 of Article 55 of the RF IC, they can freely communicate with their mother and father, as well as with relatives on each side. A woman should not interfere with meetings if this does not endanger the physical and mental health of the minor.

After determining the place of residence of the child with the mother, the father retains the right to participate in the life of joint children. Based on Article 66 of the RF IC, the second parent may:

  • receive information about the state of health, ongoing treatment, training, education;
  • participate in the educational process and make important decisions;
  • meet and spend time with a minor.

In the event of a divorce, parents can, without involving the guardianship authorities and the court, agree on a schedule for communicating with their children. One party voices its version, and the second accepts the conditions or offers its own. Upon reaching an oral agreement, the former spouses fulfill their obligations in conditions of mutual trust.

Example 1 In the event of a divorce of the spouses Stepanovs E.A. and T.N. the court determined the place of residence of the young son together with his mother. The father intends to participate in the life of the child, so he asked Stepanova E.A. about meeting with his son at the weekend. The mother agreed to these conditions, asking that the ex-husband coordinate the time of meetings with her in advance. The son spends time with his father every week on Sunday.

What to do if the mother forbids the father to communicate with the child?

A verbal agreement does not protect the right to communicate with the child. If the mother forbids meetings, the father will have to defend his interests.

The problem is solved in one of the following ways:

  • the parties enter into a written agreement;
  • father or mother apply to the guardianship authorities;
  • the other parent files a lawsuit in court.

Upon reaching a compromise, the parties sign an agreement on the procedure for exercising parental rights (Part 2 of Article 66 of the RF IC). All changes are subject to mutual agreement.

If the mother does not allow the father to meet with the children, he can write an appeal to the guardianship authorities. Specialists will contact her, ask for an explanation, and talk about the rights and obligations of parents. A woman has the right to offer her schedule of meetings of the child with her ex-husband. The applicant will receive recommendations on interaction with the former spouse, acceptable to both parties.

Example 2 In the event of a divorce between the spouses Arseniev A.V. and N.T. a dispute arose over a son and daughter. The court left them with their mother. Arsenyeva N.T. allowed the father to meet with the children in her presence. At the request to release them together with Arseniev A.V. in another city to her grandmother refused. The ex-husband considered that his rights were violated, and wrote a complaint to the guardianship authorities. The specialist called Arsenyeva N.T. appointment. In a personal meeting, the mother explained that the children were under three years old. Psychologically, they are not ready for a long separation from her. Therefore, meetings with the father are held in her presence. She submitted a written schedule indicating the time of communication between her ex-husband and her son and daughter. The guardianship authorities provided Arseniev A.The. schedule, indicating that it is optimal and meets the interests of the minor.

The role of the guardianship authority is reduced to mediation between the parents. Only the court has the right to make a formal decision on determining the order of communication with children. His decision must be enforced by both parties. Otherwise, either party may involve a bailiff.

How to determine the order of communication with a child in a peaceful way?

If the parents have come to an oral agreement, it is advisable to fix it in the form of a written agreement. This increases the sense of responsibility and encourages fulfilling one's obligations.

The agreement must include the following information:

  • date and place of compilation;
  • information about the parties (name, passport details, addresses);
  • information about the child (name, date of birth, address of residence);
  • regulated procedure for meetings with minors;
  • signatures of the parties.

Important! The law does not oblige the parties to the agreement to certify the document with a notary. If it does not include alimony clauses, a simple written form will suffice.

In a voluntary agreement, the former spouses have the right to provide for any conditions. They may concern:

  • the frequency and maximum number of meetings with the father;
  • places of communication;
  • the presence of the mother at meetings;
  • restrictions on joint and separate rest;
  • the procedure for providing information about health, treatment, education, upbringing.

The terms of the agreement must not violate the interests of the minor.

How to resolve the issue of the order of communication with the child through the guardianship authorities?

Before going to court, you can try to resolve the conflict with the involvement of guardianship authorities. The father submits an appeal in which he indicates:

  • name of the territorial body;
  • information about parents;
  • information about the child;
  • the essence of the conflict;
  • a request to assist in organizing communication with the child;
  • date and signature.

Attached is a meeting schedule.

The guardianship authorities will invite the mother to a personal meeting and offer to resolve the issue peacefully. If she refuses to resolve the conflict, in the future, the father's statement and the mother's written response will be submitted to the court as evidence.

How to get meetings with the child through the court?

The resolution of issues through the court takes place in several stages. Let's consider them in more detail.

Step 1 - Document preparation

Before going to court, you need to prepare evidence confirming that the ex-spouse creates obstacles to participation in the life of the child. The list of documents includes:

  • divorce certificate;
  • birth certificate;
  • applicant's passport;
  • evidence of the conflict (audio and video recordings, testimonies of witnesses, personal correspondence);
  • evidence that the plaintiff is interested in communicating with the minor.

Need to remember! The state fee for filing a claim is not paid, since it is drawn up in the interests of a minor. With a positive decision, the defendant will have to pay 300 rubles to the budget.

Step 2 - Drafting a Claim

Based on the prepared documents, a statement of claim is drawn up. It must meet the requirements of Article 131 of the Code of Civil Procedure of the Russian Federation. The text should include:

  • the name of the district or city court in accordance with the jurisdiction;
  • information about the parties and the guardianship authority;
  • the actual circumstances of the dispute;
  • a description of the obstacles created by the defendant;
  • the requirement to establish a procedure for communicating with a minor;
  • list of applications;
  • date and signature.

The claim is filed personally through the office or sent to the court by registered mail with notification.

If you have any difficulties in filing a claim, it is advisable to contact a qualified family lawyer. He will help prepare evidence, draw up a claim and take part in the trial on the side of the plaintiff.

Step 3 - Participation in legal proceedings

It takes 2-3 months to resolve the issue in court. The court sets a date for the trial and invites the participants in the proceedings to the session. The guardianship authorities are necessarily involved in the consideration of the dispute. They give an opinion on the desirable schedule of meetings with the minor, which will not violate his interests.

If necessary, conduct a forensic examination. It allows you to determine the degree of attachment of the child to each of the parents. An analysis of the actions of the second parent is also carried out.

Important! The court has the right to propose to resolve the issue peacefully. Upon reaching an agreement, the parties enter into a settlement agreement. In this case, the proceedings are terminated.

Additionally, a pediatrician, a teacher, an educator, close relatives and witnesses are involved in the case.

With a positive decision, the requirements are satisfied in whole or in part. The judgment is binding on both parties.

How to execute a court decision?

Not always the decision of the court is executed voluntarily. In this case, the plaintiff must apply to the court for the issuance of a writ of execution. He is transferred to the bailiff service, which takes measures for enforcement.

In practice, enforcement of a decision is difficult. The bailiff has to deal with negative emotions from the former spouses. The emphasis is on not only complying with the requirements of the law, but also not inflicting psychological trauma on the child.

For each specific case, the court determines the time, place, duration of communication and other significant nuances. The following circumstances are taken into account:

  • the age of the minor;
  • his state of health;
  • attachment to each parent.

Claims are denied in exceptional cases. For example, with the threat of moral and physical violence from the second parent.

Example 3 Stepanov N.T. filed a lawsuit against Stepanova L.A. about establishing an order of communication with the son. Pointed out that the mother creates obstacles for meetings. The former spouses did not come to a voluntary agreement. The plaintiff asked to establish a procedure for communicating with the child daily and on Sunday from 10 am to 12 pm in the presence of the mother. The defendant proposed her schedule of communication: every first and third Sunday of the month from 10 am to 12 pm in her presence. Pointed out that Stepanov N.T. does not pay alimony, his meetings with the child negatively affect the health of the minor. The court considered the plaintiff's claims justified and satisfied the claim in full (Appeal ruling of the Supreme Court of the Republic of Dagestan dated August 20, 2018 in case No. A04-33-4487 / 2018).

Assistance of a lawyer to protect the father's rights to communicate with children

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