Determining the child’s place of residence

Disputes about the child’s place of residence

Disputes about determining the place of residence of a child are a category of litigation arising from marital relations. As a general rule, when parents live separately, the child’s place of residence is determined by their mutual consent. If the conflict cannot be resolved pre-trial, the dispute is considered with the participation of representatives of the guardianship and trusteeship authorities.

Court proceedings to determine the child’s place of residence are often associated with a psychological and psychiatric examination of the child, as well as his parents, in order to establish the child’s level of attachment to each of them. parents. 

Determining the place of residence of the child with the father

Current judicial practice shows that when considering a dispute about determining a child’s place of residence, the court proceeds primarily from the interests of the child, and if living with the father corresponds to the interests of the child, then there are no obstacles to satisfying the father’s demands. Our lawyers often represent the interests of fathers in disputes about the transfer of a child to them without upbringing and there is no prejudice among judges that the child should live with the mother.

However, it is worth noting that 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 determining aspect when making a decision.

Lawyer for determining the place of residence of a child

Our children's lawyer will help you understand the legal aspects of determining the child's place of residence, and will also explain how the trial proceeds 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 years.

In accordance with the Code of the Republic of Belarus on Marriage and Family, the court takes into account the child’s opinion except in cases where this is contrary to his interests. In this case, the child’s opinion, at the request of the court, is revealed by the guardianship and trusteeship authority at the child’s place of residence. In some cases, the child’s opinion can be revealed during a psychological and psychiatric examination, which can be ordered by the court. IN In relation to minors, the functions of the guardianship and trusteeship authority are assigned to education department (department) of the district, city executive committee, local district administration in the city, and in cases provided for by the legislative acts of the Republic of Belarus - to the commission for minors of the district, city executive committee, local district administration in the city at the child’s location.

Guardianship and trusteeship authorities give opinions and participate in court hearings on disputes related to the upbringing of children and the protection of their personal and property rights and legitimate interests. Among other things, the guardianship authorities examine the living conditions in which the child will live and draw conclusions as to whether decent living conditions have been created for the minor. A child protection attorney may be involved in the home inspection process.

Based on the results of the examination, the guardianship authorities prepare an act, which is the subject of examination in court. In practice, errors occur during the preparation of the conclusion, for example, the survey report was signed by an unauthorized person. In a trial, a lawyer to determine the child’s place of residence can draw attention to this error and challenge the legality of the conclusion.

Let us note that legal relations related to raising children are ongoing, which means that if the situation that the court analyzed when making a decision has changed, the interested party can go to court again. For this reason, the participation of a child protection lawyer is extremely important and necessary.

Children's lawyer in Belarus

Any case related to child custody is individual, with a number of peculiarities unique to it. A child's lawyer, regardless of whose representative he is, should not act to the detriment of the interests of children. We believe that every lawyer in the procedure for determining a child’s place of residence should act primarily as a person whose actions are aimed at resolving the conflict between parents and creating conditions for conducting a constructive dialogue.

As part of the pre-trial settlement of the dispute, a lawyer for the protection of children's rights will prepare and coordinate with the parents an agreement on children, a marriage contract, and will also ensure their conclusion and legalization by a notary.

A child rights lawyer will provide comprehensive and complete advice on the procedure for determining the child’s place of residence; will ensure the preparation of legal documents, including procedural ones within the framework of legal proceedings; guarantees representation of interests in courts and other government bodies and organizations.