Determining the order of communication with the child: a statement of claim, a sample
Communication with children in an ideal family does not deliverno hassle - parents themselves regulate this issue. But when you divorce, everything looks a bit different. The matter is that it is necessary to divide children, to determine their place of residence with one of the parents. And for the second legal representative to establish a so-called communication schedule. And in this issue there are many problems and disputes. Therefore, today we will need to study the definition of the order of communication with the child. The statement of claim, its features, the algorithm of actions for the realization of the task posed - all of this will be discussed below. In fact, with the proper preparation and willingness to dialogue with the ex-spouse, there will be no special negative moments in determining the schedule of communication with children.
When is it required?
When can this procedure be necessary? In Russia, the definition of the order of communication with the child in practice takes place after the dissolution of marriage. Usually, minors are left to live with one of the parents. But even the second spouse has certain parental obligations. Therefore, it is necessary to agree on a schedule of communication with children.
In other words, if the parents of minors do not live together or divorced, then the task will have to be realized. How to do it? What is required for this?
Who can sue
Determining the order of communication with the child (samplerequest to the court will be presented below) usually takes place in relation to the parents of the minor. Or rather, the legal representative with whom children do not live. This is quite normal phenomenon. It will save the former spouses from the majority of conflicts related to communication with children after the divorce.
Nevertheless, mom and dad are notthe only relatives who can file the relevant lawsuit. To determine the procedure for communicating with children, the lawsuit can be filed by any native people who are prohibited from communicating with minors without good reasons. For example, grandparents.
Only in Russia this practice turns out to beineffective. Especially if the situation is considered, in which both parents are against the communication of their children with grandmothers. Experts advise not to bring the matter to court. After all, in most cases, the court sided with the child's parents.
In addition, the judiciary establishes an ordercommunicating with grandchildren mainly by the rules of legal representatives of minors - they can indicate the territory on which communication will take place, the general principles of spending time with the child. It is also important to take into account that the number of hours allocated for meetings is limited. Often grandmothers manage to "win" 1-2 hours a month. And it's not a fact that parents will observe the established schedule of communication.
In real life, when filing a statement of claim with a court about determining the procedure for communicating with a child, parents have long learned to legally restrict certain contacts with minors.
A somewhat different way is the practice, if speechis about communicating with the mother / father of the child. In this case, it is usually possible to achieve a specific decision, which the respondent is forced to comply with. But again, the parent, with whom children live permanently, can achieve satisfaction of all of their demands for communication with minors. Everything depends on the validity of those or other requests.
The methods for determining
How to apply correctly to determine the order of communication with the child? In general, this issue can be resolved in several ways.
- through the court.
In the first case, the parties (parents) go tonotary, make up an appropriate agreement on the determination of the residence of children, the procedure for communicating with them and on the payment of alimony. This document will regulate all listed issues. Usually it can be compiled when parents do not have open conflicts, when they are able to agree peacefully about all the features of the process.
But in practice, most often you have to contactcourt for help. In this case, the judicial body will examine the requirements of the parties, and then make a decision. The authorized body will determine how, when, where and how much to communicate with the complainant with underage children.
Opportunity to challenge
Even if the claim for determining the procedure for communicating withthe child is already satisfied, this does not mean that the decision will be final. If the conditions dictated by the court are violated, you can again seek help. The citizen can annul the current decision.
Often, a claim for determining the procedure for communicating with a child is contested by the parent with whom the minors permanently reside. This happens for several reasons. Namely:
- violation of established principles of communication;
- representation of danger for children (not only physical, but also psychological);
- unwillingness of children to communicate with the second parent;
- evasion of maintenance payments.
Sometimes it happens that the child is taken away forcommunication with the parent, and then it turns out that at this time the minor was with one of the relatives, but not with the father / mother. This also often serves as a basis for applying to the court for appealing against the decision.
Interests of children
When a claim for determination is filedorder of communication with the child, first of all, the interests of minors will be protected. The court will do its utmost to protect children and not to injure them.
If minors themselves are against communication withthe second parent, the judicial authority may refuse to satisfy the claim. Also, the application is not able to satisfy, if the dishonest behavior of the plaintiff in the presence of children is proved. It is mandatory to take into account the opinion of minors who are already 10 years old.
In any case, the judicial authorities invite the guardianship and trusteeship bodies to participate in the process. And if the children categorically refuse to communicate with the plaintiff, then no one will force them to do this by force.
It is worth paying attention to the fact that the claimantthe application for determining the procedure for communicating with the child, like the peace agreement, is valid until the children reach the age of 14. After that, the teenager decides with whom to communicate with him, and with whom he does not.
In addition, if the legal representatives gave theirpermission, a minor is able to enter into an agreement on a communication schedule. In practice, such layouts are almost never met - adolescents simply decide with whom they communicate, and with whom - no.
Algorithm of actions
How is the claim for determining the order of communication with the child? It is enough to follow some instructions. They will facilitate the process of filing a request to the court to the maximum.
So, to establish the order of communication with children, you will need:
- Draw up a lawsuit. In it, you need to specify your requirements regarding the above question. It is also important to describe the situation that exists in the family at the moment.
- Collect documents for filing an application with the court. Their list will differ depending on who is the plaintiff.
- To sue in court.
- Wait for the court session and participate in the process.
- Get a court order on hand.
Done! In fact, the most difficult moment is participation in the court session. Also, you can include the preparation of evidence documents that can influence the course of the case.
How much is it necessary to pay for a claim for determining the procedure for communicating with a child?
The legislator points out that such requests do not provide for any duties. That is, a citizen can file a request for establishing a schedule of communication with children for free.
Principles of compilation
The sample of the claim for determining the order of communication with the child is presented to our attention. Some are interested in how to make the right statement.
The answer to this question is not so difficult. It is enough to remember that when writing a lawsuit you will have to use the rules of business correspondence.
Also the query will help to formulate the following rules and principles:
- The document has a certain structure - a cap, a title with an update, the main part (story), requirements, a list of documents attached to the claim, a conclusion.
- The cap is made in the upper right corner of the page. It contains information on the judicial authority, as well as on the defendant and the plaintiff.
- In the main part, as already mentioned, we will have to describe the situation in the family.
- The requirements specify the request to establish an order of communication with children. Here they write their wishes on this issue.
- The conclusion is the date of the application to the court and the signature of the applicant.
In fact, it is not too difficult to write a statement of claim for determining the order of communication with a child. More important is the collection of necessary documents for the process.
Preparation of documentation
A sample of the application for determining the procedure for communicating with the child has already been shown. This is just a template, based on which you can draw up your claim.
What documents can be useful in the implementation of this task? Among them are:
- passport of the plaintiff;
- certificate of marriage / divorce;
- birth certificates of all minors;
- any evidence capable of indicating barriers in communication;
- evidence indicating a violation of established rules of communication, dangerous and uncultured behavior in the presence of children (photos, videos and so on).
Testimonial evidence will also help. Often they exert a tremendous influence on the judiciary.
It is clear how to apply for determining the order of communication with the child. Similarly, it is challenged. It is advisable not to bring the case to court and conclude a peace agreement with a notary.