Communication with children in an ideal family does not cause any trouble - parents themselves regulate this issue. But with a divorce, everything looks a little different. The fact is that you have to share the children, determine their place of residence with one of the parents. And for the second legal representative to establish the so-called communication schedule. And in this matter there are many problems and disputes. Therefore, today we will need to study the definition of the order of communication with the child. The statement of claim, its features, the algorithm of actions for the implementation of the task - all this will be discussed below. In fact, with proper preparation and willingness to conduct a dialogue with the ex-spouse, no special negative aspects will arise in determining the schedule for communicating with children.
When is required?
When may this procedure be needed? In Russia, the definition of the order of communication with the child in practice takes place after the dissolution of the marriage. Usually minors are left to live with one of the parents. But the second spouse also remains certain parental obligations. Therefore, we have to agree on a schedule for communication with children.
In other words, if the parents of minors do not live together or divorced, then we will have to realize the studied problem. How to do it? What will be required for this?
Who can sue
The determination of the order of communication with the child (a sample request to the court will be presented below) usually takes place in relation to the parents of the minor. Or rather, that legal representative with whom the children do not live. This is quite normal. It will save the former spouses from most of the conflicts associated with dealing with children after a divorce.
However, mom and dad are not the only relatives who can sue. Any native people who are forbidden to communicate with minors without good reason can file a lawsuit to determine the order of communication with children. For example, grandparents.
Practice
Only in Russia such a practice is ineffective. Especially if you are considering a situation in which both parents are against the communication of their children with their grandmothers. Experts advise not to bring the case to court. Indeed, in most cases, the court takes the side of the child's parents.
In addition, the judicial authorities establish the procedure for communication with grandchildren mainly according to the rules of the legal representatives of minors - they can indicate the territory on which communication will take place, the general principles of spending time with a child. It is also important to keep in mind that the number of hours allotted for meetings is limited. Often, grandmothers manage to "win back" 1-2 hours a month. And not the fact that parents will abide by the established communication schedule.
In real life, when filing a lawsuit with the court to determine the procedure for communicating with a child, parents have long learned to legally limit certain contacts with minors.
The practice is a little different when it comes to communicating with the mom / dad of the child. In this case, it is usually possible to achieve a specific solution, which the defendant is forced to comply with. But again, the parent with whom the children live constantly can achieve the satisfaction of all his requirements regarding communication with minors. It all depends on the validity of certain requests.
Determination methods
How to file an application for determining the order of communication with the child? In general, this issue can be resolved in several ways.
Namely:
- peacefully;
- through the court.
In the first case, the parties (parents) go to a notary public, draw up a corresponding agreement on determining the place of residence of the children, the procedure for communicating with them and paying child support. This document will govern all of these issues. Usually its drafting is possible when the parents do not have open conflicts, when they are able to agree peacefully on all the features of the process.
But in practice, most often you have to go to court for help. In this case, the judicial authority will examine the requirements of the parties and then make a decision. The authorized body will establish how, when, where and how much the plaintiff should communicate with minor children.
Challenge
Even if the lawsuit on determining the order of communication with the child is already satisfied, this does not mean that the decision will be final. If the conditions dictated by the court are violated, then you can again seek help. A citizen will be able to annul the current resolution.
Often, a claim to determine the procedure for communicating with a child is challenged by a parent with whom minors reside permanently. This happens for several reasons. Namely:
- violation of established principles of communication;
- danger to children (not only physical but also psychological);
- unwillingness of children to communicate with the second parent;
- evasion of alimony.
Sometimes it happens that a child is taken away for communication with a parent, and then it turns out that at that time the minor was with one of his relatives, but not with his father / mother. This also often serves as the basis for going to court to appeal the decision.
Children interests
When a lawsuit is submitted to determine the procedure for communicating with a child, the interests of minors will be primarily protected. The court will do everything to protect children and not injure them.
If minors themselves are against communication with the second parent, the judicial authority may refuse to satisfy the claim. Also, the application may not be satisfied if the dishonest behavior of the plaintiff in the presence of children is proved. The opinion of minors who are already 10 years old is mandatory.
In any case, the judicial authorities invite guardianship authorities to participate in the process. And if children categorically refuse to communicate with the plaintiff, then nobody will force them to do this.
Teens
It is worth paying attention to the fact that the statement of claim on determining the order of communication with the child, like the peace agreement, is valid until the children reach the age of 14. After that, the teenager himself decides with whom to communicate and with whom not.
In addition, if legal representatives have given their permission, the minor is able to enter into an agreement on a schedule for communication. In practice, such a situation is almost never found - adolescents simply decide for themselves with whom to communicate and with whom - not.
Action algorithm
How is a lawsuit filed to determine the order of communication with the child? It is enough to follow some instructions. They will greatly facilitate the process of filing a request with the court.
So, to establish the order of communication with children, you will need:
- Make a lawsuit. It needs to indicate its requirements regarding this issue. It is also important to describe the situation that is currently taking place in the family.
- Collect documents for filing an application with the court. Their list will differ depending on who the plaintiff is.
- File a lawsuit.
- Wait for the hearing and participate in the process.
- Get a court order in your hands.
Done! In fact, the most difficult moment is participation in the hearing. Also, this includes the preparation of evidence documents that can affect the course of business.
Duty
How much should I pay for a lawsuit to determine how to communicate with a child?
The legislator indicates that such requests do not include any fees. That is, a citizen can apply for a schedule for communicating with children for free.
Principles of Compilation
A sample of the claim for determining the order of communication with the child is presented to our attention. Some are wondering how to write the appropriate statement.
To answer this question is not so difficult. It is enough to remember that when writing a lawsuit, you will have to use the rules of conducting business correspondence.
The following rules and principles will also help you in compiling the request:
- The document has a certain structure - a cap, a title with clarification, the main part (story), requirements, a list of documents attached to the claim, a conclusion.
- The hat is drawn in the upper right corner of the page. It contains information about the judicial authority, as well as about the defendant and the plaintiff.
- In the main part, as already mentioned, will have to describe the situation in the family.
- The requirements indicate a request to establish a procedure for communicating with children. Here they write their wishes regarding this issue.
- The conclusion is the date of the appeal to the court and the signature of the applicant.
In fact, writing a statement of claim to determine the order of communication with the child is not too difficult. A more important point is the collection of necessary documents for the process.
Preparation of documentation
We have already shown a sample application for determining the order of communication with the child. This is just a template, based on which you can make your claim.
What documents can be useful in the implementation of the task? Among them are:
- claimant's passport;
- marriage / divorce certificate;
- birth certificates of all minors;
- lawsuit;
- any evidence that could indicate barriers to communication;
- evidence indicating a violation of the established rules of communication, dangerous and uncivilized behavior in the presence of children (photos, videos and so on).
Testimony will also help here. Often, it is they who have a huge impact on the judiciary.
It is clear how to file an application for determining the order of communication with the child. Similarly, it is challenged. It is advisable not to bring the matter to court and conclude a peace agreement with a notary.