Case: dissolution of marriage and establishment of residence of children with one of the parents

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Riabchuk Oksana

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Case: dissolution of marriage and establishment of residence of children with one of the parents

Reading time: 3 min.

The client applied to our law firm for the purpose of divorce in court.

One of the most important requests for the client was the legal confirmation of the fact that the children live permanently with him since he provides the children with appropriate living conditions, takes care of the interests and needs of the children, is engaged in education, monitors their development and health, has sufficient for the full and comprehensive development of the children income.

The other party is abroad, maintains contact with the children by phone, and provides material assistance.

Case: dissolution of marriage and establishment of residence of children with one of the parents - portrait sad girl with parents arguing

Main questions:

  • how is the process of confirming the place of residence of minor children with their mother or father;
  • what list of documents must be collected for submission to the court;
  • Is the presence of both parents mandatory at the meeting?

First of all, the client was provided with extensive legal advice on all the nuances of this case based on the analysis of the information received from the client.

In particular, it is worth paying attention to:

  • the need to involve a third party — the service for children and family affairs, which submits an opinion to the court regarding the expediency of determining the place of residence of children with one of their parents. The conclusion is formed by the employees of the service on the basis of the information obtained as a result of the examination of the living conditions of the child and parents, as well as on the basis of other documents related to the case;
  • the importance of preparing an evidence base to increase the chances of a decision in your favor. For example, it can be evidence regarding the availability of proper housing and material conditions; joint registration and actual residence with children; and care for the health and development of children. It is also possible to involve witnesses in the case.

The next stage was the collection of the necessary materials for the case, the drafting of a statement of claim in response to the requirements of the current legislation with an indication of the existing circumstances, and the determination of the court to which the statement should be submitted.

Important: if the claimant has underage or minor children, a claim for dissolution of marriage can be filed at the place of its registration. Therefore, the proceedings in this case were opened at the place of residence of the client, not the other party.

The service for children’s affairs was involved in the case, and based on the submitted documents and an examination of living conditions, it provided the necessary conclusion. The defendant was abroad, but he was properly informed about the proceedings.

Taking into account the above, the court came to the conclusion that there are legal grounds for satisfying the claim, the marriage between the parties was dissolved, and the place of residence of the minor children was assigned to the client.

After the expiration of the term for an appeal and the entry into force of the decision, the lawyer received a copy of the court decision.

Thus, this category of cases has many nuances that must be taken into account when submitting to court.

Thanks to many years of experience and an individual approach to each case, our lawyers will help you get the desired result!

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