How the order of meetings with a child after a divorce is determined

The order of meetings with the child is determined after the spouses stop living together and the baby stays with one of them. This usually happens after a divorce, but it can also occur before the divorce. Each of the parents, regardless of who the child lives with, has the right to freely communicate with their child. But sometimes one of the spouses can try to exclude the second from the life of the child, preventing communication between them. In this case, a conflict situation arises, which is resolved in court.
Порядок встреч с ребенком 1

How to establish the order of meetings with your child

The order of meetings with the child can be established by the spouses voluntarily or in court, as well as through the guardianship authorities for minor children. In the first case, a notarized agreement is concluded on the procedure for the participation of parents in the upbringing and maintenance of the child. It includes a number of conditions under which the parent meets the offspring. These include:

  • Time and schedule of meetings;
  • A place for communication;
  • Schedule of meetings on holidays;
  • The number of days of joint leave with the offspring;
  • The presence of third parties at meetings;
  • The amount of child support or other financial assistance;
  • Other conditions.

The agreement is drawn up for a specific case based on the interests of both parents, so there is no standard form for it.

In the pre-trial procedure, the issue of determining the order of meetings with a son or daughter is decided through the guardianship authorities. To do this, a parent whose rights have been violated must submit an application to the appropriate institution. This is followed by a meeting of the Commission on the Protection of Children’s Rights with the obligatory participation of two parents. There, a schedule of communication with the offspring is approved on the basis of the submitted application and the position of the defendant.

Through the court, the order of meetings with the child is established when one of the parents interferes with the legal right of the other to meet with his child. In this case, the injured parent draws up a statement of claim and sends it to the judicial institution. Subsequently, a trial takes place, during which the court weighs all the evidence provided and makes a decision based on the best interests of the child.

Порядок встреч с ребенком 2When making a decision, the court takes into account many factors, for example, the material condition of the spouses, their fulfillment of their parental duties, the age of the child, his attachment to one of the parents, the state of health of the baby, the presence of alcohol or drug addiction in the defendant or the plaintiff.

In exceptional cases, the court may completely refuse the plaintiff to satisfy his claims, if during the session it is proved that communication with him may harm or damage the moral development of the son or daughter.

Consequences of non-compliance with a court decision

If, after a court decision has been made and a procedure for meetings with the child has been set, the defendant continues to interfere with the meetings and maliciously evades the agreement, then criminal law or other sanctions may be applied to him. In this case, by a court decision, the child may be forcibly transferred to the plaintiff.

In order for the court decision to be carried out, it is necessary to obtain a writ of execution and contact the executive service. After that, the bailiff is obliged to take measures to comply with the judgment. But the fact is that such cases have their own specifics, and it is very difficult to force a parent to enforce the decision if he does not want to. After all, you cannot physically take away the baby, because this can harm him.

There are only such measures of influence as an administrative penalty in the form of a fine and a court decision on the transfer of a son or daughter to the plaintiff. But it is not always possible to apply such methods, since if the plaintiff only wants to see the offspring, and not constantly live with him, then the forced transfer of the offspring becomes meaningless.

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