Issues related to minor children in the divorce of their parents are far from always exacerbated and heated to the limit. Sometimes spouses talk and discuss how they will fulfill their parental obligations, ending the marriage. It happens peacefully, without trial. This must be done correctly from a legal point of view. But how? For example, drawing up an agreement on determining the place of residence of children. A sample of this document, as well as principles and rules for its design will be presented below. Such information can save you from a long divorce process, as well as from unnecessary conflicts. The main thing is that spouses can reach a consensus.
Document Feature
What is a child residency agreement? This is a legally significant document that helps to regulate and establish principles for the implementation of parental authority. In particular, this document is more important for the legal representative who will not live with the wards.
The main thing that reflects this agreement is the place of residence of minor children. It is this issue that causes many problems in modern families with divorce.
In addition, the aforementioned document will reflect the principles of the exercise of authority and the exercise of rights by a parent living separately. It helps to clarify and resolve the most “acute” moments of divorce.
Important: in Russia, minors are most often left with their mothers.
If no agreement
The agreement on determining the place of residence of a minor child is the key to a quick divorce with a minimum of problems and nerves. What will happen if the spouses do not conclude it?
Nothing wrong. In the absence of a peace agreement, the judge shall independently resolve the relevant issues. Namely, how spouses will communicate with their children, with whom minors will remain.
As already mentioned, in the Russian Federation minors are almost always left with their mothers. Moreover, the court does not allocate as much time to communicate with children as sometimes you want. Therefore, an agreement on determining the place of residence of children after a divorce is the most beneficial solution for both parties.
About the content
It is not as difficult to draw up an agreement on determining the child’s place of residence as it might initially seem. The main thing is to know what exactly to indicate in the corresponding contract. If he violates the laws of the Russian Federation, they will not be given legal force.
The contract of the established form without fail includes:
- F. I. O. parents;
- F. I. O. of each child;
- date of birth of children;
- passport details of spouses;
- information from a certificate of divorce (if any) or marriage;
- place of residence;
- the parent with whom minors remain after the termination of the marriage;
- the order of meetings with children;
- information about the possibility of the child staying overnight with the second parent;
- data on a possible joint vacation with the second legal representative and on temporary residence with him;
- resolving issues related to the education, treatment and upbringing of the child.
In fact, the document prescribes all the issues that may arise after a divorce. For example, you can indicate that the children remain with their mother, cannot spend the night with their father, and all meetings with minors are held in the presence of the mother and in neutral territory. Or prescribe that children can go on vacation with their father for a certain period of time, and also stay with him for an overnight stay at a certain time.
All this remains at the discretion of each individual family. That is why it is important that the spouses prepare in advance and discuss the nuances of the implementation of parental rights.
Court or peace treaty - which is better?
Some people wonder what is better to use - a judicial decision or a peace treaty. In general, the unresolved issue of the residence of minors during divorce will not remain. But in the case of a court decision, a parent who disagrees with the decision can run away from the court and bailiffs for years and hide with the child. Moreover, there are no guarantees for the implementation of the judgment. The legislation of the Russian Federation allows attracting bailiffs, but even this is not a guarantee of the execution of the decision.
Accordingly, conflicts that have arisen are best resolved in a pre-trial manner. An amicable agreement on determining the child’s place of residence is an excellent solution for those who doubt the conscientiousness of the spouse, but who can agree with him amicably.
The need for certification
Suppose that we have figured out the contents of the document under study. What else do you need to remember for citizens planning to get a divorce and having children in common?
For example, whether it is necessary to notarize an agreement on determining the child’s place of residence. This is not a mandatory procedure. The contract can be concluded without third parties, but always in writing.
Nevertheless, experts recommend not neglecting the notarization of the agreement. The presence of this will be a safety net and proof that the document was originally drafted competently and endowed with legal force.
Quick Start Guide
And how is the direct execution of the contract. Some couples do not know where to start. Consider the process of drafting and concluding a competent sample agreement on determining the place of residence of children with a notary. This is the most favorable situation.
To achieve the desired result, it is recommended to proceed as follows:
- Discuss in advance the process of parenting after a divorce. It’s better to clarify the situation right away.
- Compose the text of the agreement of the standard form. You can do this yourself or contact a lawyer / notary.
- Go to a notary's office, and then pay for the services provided.
- To conclude a contract of the established form in at least three copies - to the husband, wife and notary.
- Pick up your copy of the agreement.
At this stage, the action ends. Now, if the divorce has not yet taken place, you need to go to court and present the relevant agreement. Or simply file a lawsuit for divorce, attaching to it a previously issued document.
Help for the agreement
Unfortunately, drawing up a competent model of an agreement on determining the place of residence of children is not all that is necessary for a successful operation. If the couple decided to contact a notary public, there is a need to prepare a list of references. It is minimal, but remembering its existence is extremely important.
To date, to successfully conclude an agreement, you will have to take with you:
- passports
- certificate of divorce or marriage (if any);
- birth or adoption certificates of minors;
- contract of the established form.
You can also optionally enclose extracts indicating the place of registration of the parents. All this will help to cope with the task.
Important: if there is no marriage initially between the mother and father of the child, the contract being studied is highly desirable.
How it looks - a visual example
And what does the corresponding document look like? A model agreement on determining the place of residence of children is presented below.
This is just a visual template that will have to be redone each time depending on the specific situation and the agreements of the parties. There is nothing special about the design of the document. True, legally non-savvy citizens are advised to contact a family lawyer. An authorized person will be able to draw up a competent document that does not contradict the law.
If paternity is not established
It happens in life and so that people do not enter into an official marriage and cohabit. The people describe this situation as a “civil marriage”. At the birth of children or their adoption, fathers are not always entered in birth certificates. What to do under such circumstances?
Who will the children be with? They a priori will remain with their mother, because their relationship is undeniable. True, if the father wants to defend his rights, he can first prove kinship through the court, and then already have a conversation about the "sharing" of children. And already in this situation, the studied agreement will make sense.
No marriage, there are children - paternity established voluntarily
More and more questions arise when spouses are in a civil marriage. Their family relationships are not regulated by the RF IC. And the only thing that falls under the scope of this set of laws is parental responsibility. Therefore, it is worth paying attention to another scenario. So, it is necessary to study another situation.
If paternity is established, then upon termination of cohabitation, if you act according to the law, the following ways are likely:
- the couple goes to court and establishes with it the order of communication with children and their residence;
- between civil spouses a peace agreement is concluded.
As you might guess, the second option is the most favorable and simple. True, in the Russian Federation, in the absence of marriage between spouses, children remain with their mothers. The only exception is if the mother leads a deviant lifestyle.
Conclusion
A sample agreement on determining the place of residence of the children with the mother or father was presented to our attention. Now it’s clear what kind of document it is and how to draw it up correctly.
Of course, it’s best to start creating one before the trial. This will save you from a long judicial divorce proceedings. If during the meeting the parties were able to agree, the judge will invite them to conclude a peace treaty on the spot. This technique will significantly accelerate the course of affairs.
Unfortunately, not all spouses are able to reach consensus upon termination of relations. Increasingly, situations arise when a spouse dissatisfied with a husband / wife tries to spitefully "select" children. Some men even threaten this, hiding behind the Family Code to keep a woman by their side.
They speak of their equal rights to minor children from the position of parenthood. Only in the judicial practice of Russia, the situation has developed so that the court usually takes the side of the mother. There are, of course, exceptions - in judicial debates, an authorized person examines each parent from all sides. If the mother is inadequate, unable to raise a child, or simply has never been involved in it, of course, the child will be left to the father.
For an adequate woman, even if she does not work, it is extremely difficult to “take away” the children. Most often, during trials, mothers seek to reduce the time of communication between minors and fathers to the maximum. Therefore, it is better to solve the problems in a peaceful way.