Termination of marriage in Russia is a rather complicated process, especially if there are minor children in the cell of society. In this case, it is necessary to carefully consider the order of communication and parenting. Otherwise, the man may face a situation in which the ex-wife does not allow to see the child or does not allow him to be taken overnight. What to do in such cases? Is it possible to find a council for a spouse? And if so, how to do it? To understand all this and not only try further. It is worth considering immediately that in Russia, courts most often defend women. And therefore, not every man will be able to “take away” a child, even if we are talking about ordinary meetings.
About divorce
Ex-wife does not give a baby? This is a fairly common occurrence among divorced couples. To start, let's talk about how to break up with a partner.
In Russia, for the implementation of the task, the spouses will have to go to court (district or world). The judge will examine the proposed documents and then make decisions on:
- determining who the children will live with;
- communication with the second parent;
- child support;
- section of the common property of the spouses.
If the husband and wife want, they can agree on all this peacefully. This requires a peace agreement of one kind or another. We will talk about this later.
Documents for divorce
Ex-wife does not allow to see the child? Similar problems arise very often, and more often they are completely justified. Before disassembling their decision and the reasons for their occurrence, we will familiarize ourselves with the list of documents for divorce.
In the presence of minor children, the parties are required to:
- passports
- lawsuit;
- income statements;
- characteristics from the place of work / study;
- birth or adoption certificates of children;
- documentation confirming ownership of a particular housing;
- witness's testimonies;
- materials that can prove the deviant or exemplary behavior of a man / woman.
In some cases, judges ask for a certificate from a child psychologist. For safety reasons, each of the parties may bring an extract on the state of their mental health.
Important: most often in Russia children are left with their mothers. In this case, men have to pay child support until the child reaches the age of majority.
Right to communicate
Ex-wife does not give two children? What to do in this case? Unfortunately, there is no single answer to this question. Far from always, the prohibitions on “picking up” a child have no reason.
In general, by law, divorce should not affect parental rights. Mom and dad baby can and must:
- contain a minor;
- bring up the baby;
- to participate in his life.
A parent with whom the children do not live has the right to communicate with them. Accordingly, if the ex-wife does not give a child, this violates parental rights. At the same time, the rights of children to communicate with both parents are violated even after a divorce. Is there any right to my spouse?
Peaceful agreement
In fact, yes. There are several options for the development of events, but in Russia it is problematic to ensure that the court defends a man in relation to children. And there are reasons for this.
How to make an ex-wife give a child? It is believed that if the mother herself does not want to, she will find a reason to repair the communication between the children and her ex-spouse. For example, children will be forever busy in circles of interest to them, move to another city or country, find a thousand excuses in order to prevent meetings, and so on.
Therefore, it is best to resolve this issue peacefully. It is recommended to conclude a peace agreement on determining the place of residence and communication of the children with the second parents shortly before or during the divorce process.
Thanks to this reception, men will be able to agree on how, where and how many times you can communicate with a minor. If the divorce is carried out more or less peacefully, in this way the father is able to “knock out” himself more time than the judge appoints.
Going to court
Ex-wife does not allow to see the child? What can a man do in this case?
If it doesn’t work out, you’ll have to go to court. You can do this even after the divorce. For example, by appealing against a decision made earlier.
The applicant must have:
- evidence of their full adequacy;
- evidence that can confirm the fact of obstruction in communication with children;
- certificates from a child psychologist that indicate the child’s attitude to dad (preferably);
- statement of claim;
- claimant's passport.
During the trial, an audit will be conducted. Sometimes men are not satisfied with the schedule of communication with children, as a result of which they try to slander the former spouse. This is a serious violation, for which, if it opens, the man faces criminal liability. Therefore, without real reasons to go to court is not recommended.
Important: the claim is considered within 10 days from the date of filing the application.
As soon as a man has a court decision in his hands, he can take children and communicate with them at the appointed time and on established conditions. For violation of the appropriate schedule, this or that party may be seriously punished.
Do not give even after the trial
Ex-wife does not allow to meet with the child, even after the judicial debate? If the judiciary sided with the man, can we proceed with more decisive action? Which ones?
It is worth taking a writ of execution and obtaining evidence of obstruction in communicating with children. With these, the father should contact the local bailiff service. What will happen after?
The "withdrawal" of the child for communication with the father will be carried out in the presence of the bailiffs. So they act according to the law, but for a psychological and emotional state of a child, such a situation is fatal. Before you agree to this, you should think carefully. Is it worth the struggle for communication with the child spent effort, nerves and the psyche of the child? Maybe you should leave your spouse with children alone for a while, and then try to peacefully regulate the order of communication?
Threats
Many men wonder how to get their ex-wife to give a baby. According to the law, a mother may not allow children to communicate with her father outside the established communication schedule. Such an act will not be considered a violation. A woman can go to court and complain about a violation by her ex-spouse. It is possible that the time and frequency of meetings due to failure to comply with a court order will decrease.
Some prefer to go the other way. For example, threats against the spouse and her close relatives. Some individuals even say that they will steal children and the spouse will no longer see them.
To do so is not only stupid, but also illegal. Threats (including the theft of their own children) are a criminal offense. It is enough for a woman to fix them once so that the court deprives the man of parental rights, after which he forbade all communication or forced to meet in the presence of the ex-wife and witnesses.
Attempts to steal children
Ex-wife does not allow to communicate with the child? Some fathers do not threaten, but immediately begin to act. Let's say they steal their own children. Is it possible to achieve communication with minors?
Not. This is dangerous for children's health and development, and even is an illegal act. You can “steal” a child when the court has established the place of residence of minors with their father. But even in this case, it is recommended to enlist the support of the bailiffs.
A woman with the "theft" of her children has the right to appeal to court. It is possible that a man will be deprived even of the communication that was previously awarded to him.
Court decision not on father’s side
Ex-wife does not allow to take the child to her home or overnight? As we have already said, such an act is far from always illegal. There are a number of exceptions.
For example, young children should not be taken overnight at all. They should be next to the parent with whom they live permanently. Older children can be picked up overnight either by agreement with their spouse, or by court order, if any.
Accordingly, if the judge did not allow overnight stays or frequent meetings, you will have to come to terms with this. You can try to get a positive solution after a while, but, as a rule, there is no result.
Important: the mother of the child can suppress the meeting of the father with the children if, in the time allotted by the court, minors are not with the dad, but, say, with the man’s grandmother or new passion. If there is evidence (including witnesses), this is not difficult to do.
Unwillingness of a child
If the ex-wife does not want to give the child, it is better to leave her alone for a while, and then try to peacefully solve the problems that arise. Sometimes it happens that the child himself does not want to communicate with his father under any pretext.
When determining the place of residence of children and establishing the procedure for communication with the second parent, the court will take into account the opinion of a child who has reached 10 years of age. Children under this age are often “questioned” by psychologists who can evaluate the wishes of the babies.
If the child does not want to communicate with mom or dad, with whom he does not live, guardianship authorities will not allow him to do this. They are designed primarily to protect the interests and rights of minors.
Important: if the child cannot substantiate his opinion, sometimes the court can take the side of the father and force the baby to communicate. Mom, in turn, is able to re-file a lawsuit to ban meetings.
Not always a whim
Ex-wife does not give a baby? As already mentioned, such an act is not always considered a violation. Increasingly, women have reasons for prohibitions.
The thing is that according to the law, a father can communicate with children, and children - with parents. It's quite normal. But the RF IC stipulates that such contacts should not pose a danger to the life and health of minors.
Father is the tyrant who beat his mother? The refusal of the former spouse in contacts with the child is justified. And, if you can’t agree to communicate peacefully, it’s better not to go to court - you can "sit down" for dissolving your hands, and even lose your parental rights.
Does the child complain about the abuse of the pope or the fact that during the “meetings” he remains with relatives or the new wife / girlfriend of the pope? Then the refusals of the former spouse also have reason.
The ex-husband harms the child’s health (including psychological), does not comply with the norms of the upbringing of the baby? It is useless to complain that the ex-wife does not allow to see the child. If she proves the harmful influence of the pope on the minor, a man may completely lose the right to any contact with children without the possibility of their restoration.
The main reasons for the legal ban
If the ex-wife does not give the child an overnight stay, it is better not to sue. By no means always a revision of the schedule of communication with a minor changes "towards" a man.
Under what circumstances will most often the father not be able to claim communication with the children? Here are the main reasons for lawfully "making" obstacles:
- leaving children to relatives or strangers during communication;
- non-observance by a man of a schedule established by a court or peace treaty;
- commission of a crime by the father (against ex-wife, children or relatives);
- any threats from a man;
- insulting the mother of the child and the baby (especially in the presence of minors);
- failure to fulfill parental obligations (it is understood that a man requires the exercise of rights, but, for example, does not pay child support and does not perform other duties);
- ex-spouse has a criminal record or mental illness;
- meetings are dangerous for the child in every sense (including negatively affect psychological development).
How to draw up a peace treaty?
We found out what to do if the ex-wife does not allow to communicate with the child. As has already been emphasized, it is best to resolve this issue peacefully. Otherwise, prohibitions may take place legally. Especially if a woman has prepared in advance for such a turn of events.
Ex-wife does not allow to meet with the child? To draw up a peace treaty, you must go to a notary public. A couple should have:
- certificate of marriage or divorce;
- documents confirming paternity (if there is a dash in the father’s column in the child’s certificate);
- passports
- an agreement that spells out all the nuances of communication;
- certificates of birth or adoption of babies.
That should be enough. As a rule, this is exactly the situation that causes a minimum of trouble.
Ex-wife does not allow to see the child? Quite often, men themselves violate the laws, but at the same time require communication with children. It is worth remembering that the courts are increasingly taking the side of the mother. And therefore, only exemplary fathers can insist on their rights without fear. With such, as a rule, there are no problems. And the former spouses do not interfere with their communication with minor children. Ex-wife does not give child to father? It is possible that her actions are based on the laws of the Russian Federation. It remains only to substantiate their point of view.