After the parents divorce, the child, as a rule, remains with one of his parents. The second parent for its maintenance pays alimony before the coming of age. The child must communicate with all his relatives and know them, and has the right to communicate with their parents. It is impossible to forbid it from personal motives or from personal hatred. If parents can not negotiate with each other peacefully about time and the order of communication with their daughter or son, the court can decide this with the participation of guardianship and trusteeship bodies.
It will take:
- The application to the district court,
- passport,
- application to the guardianship and trusteeship bodies,
- package of strong evidence.
Parental divorce strikes children's psyche severely. After all the child loves both mum, and the daddy, and it is not guilty, that parents do not wish to live together. In this difficult period of his life, a child should be strongly guarded from mental trauma not to interfere with communication with his relatives and other parent. The rights of a minor child to communicate with both relatives, and to know their relatives, are fixed legislatively.
The parent with whom the child stays experiences negative emotions for the other spouse, but all this does not mean that he is allowed to restrict communication with his daughter or son. It can be limited only if it is in the child's best interest. And to do this, you need to file a written application to the court and notify the guardianship and trusteeship agencies about it.
In order for the court to consider this case, it is necessary for him to provide evidence that the interruption and restriction of communication corresponds to the interests of the minor. It must be documented that the second parent comes on a date in an unseemly kind: in a state of alcoholic or narcotic intoxication, is an alcoholic or drug addict, does not pay the content, negatively affects the child's psyche.
Only a court can decide that communication can be interrupted or limited. In other cases, it is against the law to prevent the child from communicating with relatives or a second parent. The parent with whom the court has restricted or interrupted communication may file a counterclaim and prove that his daughter or son needs to communicate with him, since he is a worthy person and can communicate with the child.
A parent who lives separately from his or her child can take part in his upbringing, has the right to communicate with the child in solving the issues of the child's education.
The parent with whom his child lives has no right to interfere with the communication of his child with the other parent, if this communication does not harm the moral development, mental and physical health of the child.
Parents can enter into an agreement on the manner in which parental rights will be exercised by the parent who resides separately. The agreement must be concluded in writing.
If the parents do not come to an agreement, a dispute between them can be resolved by the court with the participation of the guardianship authority, at the request of one of the parents.
If the guilty parent does not comply with the court's decision, then measures are applied to him that are provided for by civil law. In case of malicious failure to comply with court decisions, when one of the parents interferes with communication with a child who lives separately, the court, taking into account the opinion and interests of the child, can make a decision and hand over the child to him.