In the absence of an agreement, the dispute between the parents is resolved by the court based on the interests of the children and taking into account the opinions of the children. At the same time, the court takes into account the child’s attachment to each of the parents, brothers and sisters, the age of the child, the moral and other personal qualities of the parents, the relationship that exists between each of the parents and the child, the possibility of creating conditions for the child’s upbringing and development (type of activity, mode of work of parents , financial and marital status of parents, etc.).
Thus, the legislation of the Russian Federation allows two ways to resolve this issue:
- Conclusion of a settlement agreement on children, concluded between parents on a voluntary basis.
Settlement agreement. provide for all the nuances of raising and living children that arise during a divorce. In this document, parents decide with whom the child will remain in the future; how he will communicate with the other parent; what participation the parent living separately will take in the upbringing of the minor; what expenses for the maintenance of the child will be borne by both parents.
The World Court reviews this agreement and approves it. But if the agreements of the parents somehow infringe on the interests of the children, the world court may refuse to approve the agreement.
- Applying to the judicial authorities with a claim to determine the place of residence of the child, the procedure for communicating with the second parent, incurring material costs for his maintenance. These rules come into effect after the marriage of the parents is declared terminated.
According to Art. 61 of the Family Code of the Russian Federation, parents have equal rights in relation to their children (parental rights). But children should stay with the parent who can better take care of health and education.
According to paragraph 4 of the Decree of the Plenum of the Supreme Court of the Russian Federation of May 27, 1998 N 10 "On the application by the courts of legislation in resolving disputes related to the upbringing of children", in the event of a decision to dissolve the marriage of spouses who have common minor children, the court , based on paragraph 2 of Art. 24 of the RF IC takes measures to protect the interests of minor children and explains to the parties that the parent living separately has the right and obligation to take part in the upbringing of the child, and the parent with whom the minor lives does not have the right to prevent this.
