Under current law, parents are required to decide how to raise their child together.
As a rule, conflicts begin when spouses get divorced. The child becomes the subject of scandal. But despite the fact that the parent now lives separately from his child, he has all the same rights and obligations, and must continue to educate his child, communicate with him and give him time. The child, in turn, also has the full right to communicate with his loved ones.
An exception here may be if the parent harms his child, injures the psyche and harms his health.
In the event of such conflicts between parents regarding upbringing and regular meetings with the child, it is best to start with a simpler way - concluding a contract that will regulate these relationships.
Solving the issue by concluding a contract.
The law provides for the possibility of concluding an agreement between parents, which will regulate their rights and obligations.
Such an agreement can regulate anything: setting a schedule when a parent will take the child to him, how to spend a vacation, etc.
Both parents are required to comply with the terms of the contract. Otherwise, the second parent may go to court and appeal the behavior of the former spouse. He also has the right to demand the enforcement of the prescribed obligations or to request amendments to the contract regarding any items, whether it be expenses for the child or time spent with him.
The one of the parents who does not fulfill the terms of the contract will have to materially compensate the moral damage caused to the other parent, if this is provided for by the terms of the contract.
The terms of the contract can be changed or terminated by mutual agreement or court decision.
An agreement of such a plan, as a rule, is in writing and certified by a notary.
The solution of the issue with the participation of the Guardianship and Guardianship Authority.
There are cases when the child’s parents or relatives do not find a common language with each other and cannot independently agree. In such situations, they may contact the Guardianship Authority.
Experts study your situation, the living conditions of the parents and the attitude towards the child, assess the circumstances and make their decision.
The decision of the Guardianship Authority is binding. In case of disagreement with the decision, it can be appealed in court.
The solution of the issue by going to court.
There are cases when the decision of the Guardianship Authority is not implemented by one of the parents. Then the second can go to court and demand the execution of the decision or the removal of obstacles in communication with the child.
The court considers the application and determines how each parent will participate in the upbringing and how much time to spend with him.
Moreover, the court always assesses each specific situation, the relationship with the child, his age and physical and emotional state.
In certain cases, the court may oblige the parent to see the child only in the presence of a third party. This may be due to the behavior of one of the parents, his mental illness or addiction to alcohol or drugs.
Such court hearings are always held with the mandatory participation of the Guardianship and Guardianship Authorities. Their representative visits their parents home, examines their living conditions, their habits and way of life, and makes their opinion.
It may contain recommendations on restricting communication with a child in case of alcoholism or morally unstable behavior of one of the parents, or it may limit the child to sleep with the parent due to poor living conditions, etc.
There are also restrictions on children under three years of age. Meetings with such children should usually take place in the room where the child lives and in the presence of the mother. Such children can not be taken from home for a long time, and even more so with an overnight stay.
After the completion of 3 years, the parent will have more opportunities for meetings and communication with the child.
In the event of failure to comply with a court decision by one of the parents, the court may transfer the child for upbringing and residence with the other parent, as well as oblige to compensate the material and moral damage caused to the former spouse.
You need to know that the Court has the right not to allow communication to the parent who is capable of harming the health of the child.
Do not forget that other relatives also have the right to communicate with your child. And in the case of such prohibitions or restrictions on communication between grandparents and their grandchildren, they have every right to go to court and seek protection of their interests. And then you will also be forced to comply with the court’s decisions on its conditions and take into account the schedule of meetings with the child’s relatives.
