Disputes on child's place residence
Disputes on the determination of the child's place of residence is a category of litigation arising from marriage and family relations. As a general rule, when the parents live separately, the child's place of residence is determined by their mutual consent. If it was not possible to resolve the conflict in the pre-trial procedure, then the dispute is considered with the participation of representatives of the guardianship authorities.
The court proceedings on determining the child's place of residence are often associated with the conduct of a psychological and psychiatric examination of the child, as well as his parents in order to establish the level of the child's attachment to each of the parents.
Determining the child's place of residence with his father
Current jurisprudence shows that, when considering a dispute on determining the child's place of residence, the court proceeds primarily from the interests of the child, and if living with the father is in the child's interests, then there are no obstacles to satisfy the father's claim. Our family lawyers often represent the fathers' interests in disputes on child's custody, and there is no prejudice among the judges that the child should live with the mother.
At the same time the court, among other things, takes into account the age and gender of the child, his interests, as well as the financial situation of each of the parents, which, however, is not a decisive aspect.
Family lawyer in dusputes on child's cusody
Our family lawyer will help you to understand the legal aspects of determining the place of child's residence, as well as explain how the trial is going on, and ensure the protection of interests in court. The child's opinion must be taken into account if, at the time of the proceedings, he has reached the age of ten.
In accordance with Belarusian law, the court takes into account the opinion of the child, except in cases where it contradicts his interests. In this case, the opinion of the child, at the request of the court, is revealed by the guardianship authority. In some cases, the child's opinion may be revealed during a psychological and psychiatric examination, which may be ordered by the court.
The guardianship authorities issue opinions and participate in trial on disputes related to child custody. Among other things, the guardianship authorities carry out a survey of the living conditions in which the child will live. A family lawyer may be involved in the housing survey process.
Based on the results of the examination, the guardianship authorities prepare an act, which is the subject of analysis in court. In practice, in the process of preparing the conclusion, errors occur, for example, the survey report was signed by an unauthorized person. In the trial, a family lawyer may draw attention to the indicated error, challenge the legality of the conclusion.
Note that the legal relationship associated with the upbringing of children is lasting, which means that if the situation has changed, then the interested party can go to court again, even if the judgment has been made. For this reason, the involvement of a child protection lawyer is extremely important and necessary.
Children's lawyer in Belarus
Any case related to child custody is individual. A child's attorney, regardless of whose representative he is, should not act to the detriment of the child's interests. We believe that each family attorney during the procedure for determining the place of child's residence should act as a person whose actions are aimed at settling the conflict between parents and creating conditions for a constructive dialogue.
As part of the pre-trial settlement of the dispute, the family lawyer will prepare and agree with the parents an agreement on children, a marriage contract, as well as ensure their legalization at a notary.
Children's lawyer will provide comprehensive and complete advice on the procedure for determining the child's place of residence; ensure the preparation of legal documents, including procedural documents in court proceedings; guarantees representation of interests in courts and other state bodies and organizations.
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