Who should live children after the divorce
The Plenum of the Russian Supreme court prepares special parental decree that children do not become a bargaining chip in the marriage wars.
Sad statistics: according to statistics, last year broke up almost 640 thousand families. Divorce ends more than half of the weddings, not the former spouses always find the strength to stay friends. It is enough to remember star scandals, when famous people divided, and kidnapped children and I had it out almost live.
But the star of the “war” is just the tip of the iceberg. How many unknown little tragedies happening across the country, none of the statistics will not tell.
However, according to the Chairman of the Supreme court of Russia Vyacheslav Lebedev, last year the number of legal disputes on divorce declined slightly. However, according to many analysts, in General, we haven’t learned a civilized manner to disperse. The more important that judges have always been able competently to divorcing couples.
According to Vyacheslav Lebedev, the Plenum of the Supreme court will consider the judicial practice and will prepare recommendations for the consideration of such disputes. A higher court will explain in detail who must remain a child, when your father or your mother should also be deprived of parental rights, as the remaining “irrelevant” to the parent to communicate with children.
The answers to these questions, looking forward to the professional community, and hundreds of thousands of parents, recorded in “former”.
What recommendations would prepare the Supreme court, now to say. This work has just begun, and it is connected not only judges, but also scientists. The more important now to discuss pain points and possible solutions.
By the way, Authorized under the President of Russia for children’s rights Pavel Astakhov at the end of last year addressed to the President of the Supreme court with a request to protect the property and personal rights of children after the divorce of his parents with one of them.
Is particularly acute a question of respect for the rights of the child to the enjoyment of residential premises, as well as determination of the procedure of communication with separated parents, said Pavel Astakhov.
He reminded that currently the resolution of the Plenum of the Supreme court, 1998 “About application by courts of the legislation on the settlement of disputes connected with education of children.” While people in robes needs to be guided by him, but the document is actually behind the times. Since adopted new Civil and Housing codes.
According to Pavel Astakhov, past the explanations will not Orient the courts to protect the rights of the child, if the parents live. Also in this issue, there is no uniform law enforcement practice. So “fatherly” advice of the Supreme court is essential.
How to tell some lawyers, fathers today often complain about inequality in a dispute with the mother of his child. Echoes of Soviet practice, when dad almost always remained aloof. Theoretically, the mother closer to the child than the father. But life is richer than any theory, so in each case it is necessary to understand separately.
– The problem is in principle the same as was spelled out on paper the equality of rights of parents, and in practice there is a bias in favor of mothers, – told “RG” the lawyer Pavel Popov. And it’s not only the courts, as a rule, the same position and take the guardianship. Although in recent years some progress, now the higher the age of the child, the more likely an equal and fair process.
According to him, very rarely there is a dispute when one side of the barrier is an alcoholic and a deadbeat, and the other normal mother. Even more rarely, when the mother fell, and next to it is a decent father. Generally, no clear features. Therefore, if the child is sufficiently grown, his opinion could be decisive. But if you divide the crumbs?
– Imagine the situation: a child is 5-6 years old, the mother and father quarreled and parted before the divorce, says Pavel Popov. In six months you can set the child against the father so that he will hate his father. But how to find out the truth: the Pope is bad or the mother set it up so that a baby? Need of psychological and pedagogical expertise.
According to experts, there are methods which do not injure the child’s psyche in search of a truth. Therefore, advocates consider: when one of the parents some time was limited in communication, preferably in the process to carry out psychological and pedagogical examination. Yet, according to Pavel Popov, the courts rarely appoint such research, despite numerous requests.
But to understand with whom the child will live, is half the battle. Not less, and even more problems arise when determining the method of communication with the child “the stranger” by a parent who no longer lives with him.
How to tell the lawyers, if the mother or father of the child prevents the other parent communication with Chad, to do something extremely difficult. Of course, the court in this case will set a schedule for communication, but to fulfil such a decision very difficult. How to be in this case? Experts are waiting for the recommendations of the Supreme court.
A separate issue is the termination of parental rights. Sometimes, the other parent and forgot about the baby, but formally listed by the parent. And therefore has the right to close the child abroad. The European Union, as a rule, no visas, if there is no consent from the other parent. In addition, distant father, so to speak, out of spite to write a statement, like, do not want to let go of their native blood abroad and any foreign country will be closed. One way out: to officially recognize this dad stranger.
– The family code: the parent who does not participate in the upbringing of the child, including not acting on its contents, may be deprived of parental rights, says Pavel Popov. – The practice is this: if you had not asked for alimony, courts consider that there is no reason to invalidate “opponent” of parental rights. Another option: you received a court decision on alimony, but turned it over to the bailiffs. Then you also refuse to deprive a former spouse of parental rights. I believe this practice is absurd.
Care what they say about the Supreme court. His new instrument would be extremely useful and judges deciding family disputes, and parents who themselves are not able to divide their own children.