Head of family law practice
An attorney with extensive experience specializing in complex family disputes. As Head of Practice, he combines deep legal expertise with a personalized approach to every client. He ensures strategic protection of family interests and delivers impeccable results in the most challenging cases.
Setting a schedule of visits with your child
The child’s right to communicate with both parents is one of the key elements of his normal development. Even if the parents are divorced or live separately, the child must maintain close contact with both mother and father.
At the same time, in practice, conflicts often arise: one of the parents restricts communication, sets his own rules, or even prevents meetings.
In such cases, the question arises of establishing an official schedule of visits with the child, which is determined by agreement of the parties or through the court.
Regulatory framework
According to the law:
- both parents have equal rights and responsibilities towards the child, regardless of whether they are married;
- the child has the right to regular contact with the parent who lives separately;
- In the event of a dispute, the procedure for visits is established by the court, taking into account the interests of the child.
Who can apply
Most often, a claim to establish a schedule of visits is filed by a father or mother who lives separately.
However, other relatives (for example, grandparents) also have the right to apply to the court, if there are reasonable grounds for this and the need to maintain contact with the child is proven.
Settlement methods
- Voluntary agreement.
Parents can conclude a written agreement that fixes the schedule of visits. Such an agreement does not require litigation, but often becomes an effective tool for avoiding conflicts. - Appeal to the guardianship and guardianship authorities.
The guardianship authority may provide an opinion on the appropriate procedure for visits, based on the age of the child, his/her needs and living conditions of the parents. This conclusion has significant weight in the subsequent trial. - Trial.
If it is impossible to reach an agreement, the issue is resolved in court. The plaintiff submits a statement of claim in which he justifies the need to establish a schedule, offers specific days and hours, as well as forms of communication (personal meetings, telephone conversations, video communication).
Criteria that guide the court
When determining the schedule, the courts are guided by the principle of the best interests of the child.
The following are taken into account:
- age of the child;
- health status;
- level of attachment to each parent;
- previous experience of upbringing;
- living conditions and the ability to provide a safe environment for communication.
For example, for young children, the schedule provides for short-term but frequent meetings in the presence of the other parent. For teenagers, long weekend trips or vacations are possible.
Examples of possible graphs
- Weekly meetings on weekends at specified hours.
- One weekday a week (for example, Wednesday from 17:00 to 20:00).
- Joint spending of half of the summer holidays and holidays alternately.
- Additional means of communication are daily phone calls or online communication.
In each case, the schedule is individual and adapted to the needs of the child.
Execution of a court decision
A court decision on the order of visits is binding. In case of non-fulfillment, it can be forcibly provided by the enforcement service.
A father or mother who systematically obstructs meetings runs the risk of administrative or even criminal liability.
Also, such actions can be the basis for a lawsuit to change the child’s place of residence.
Judicial practice
Judicial practice indicates that most often disputes arise in divorced families, where one of the parents tries to “remove” the other from upbringing.
The Supreme Court has repeatedly emphasized:
- the child’s right to contact with both parents is a priority;
- even conflict relations between adults cannot be the basis for restricting the child’s communication with the father or mother;
- Exceptions are possible only in cases where contact really threatens the life or health of the child.
Conclusion
Setting a schedule for visits with a child is an important tool to protect the interests of both parents and the child himself. It avoids abuse, establishes clear rules and provides stability for the minor.
For parents, it is worth remembering: in such disputes, the court always focuses not on the emotions or grievances of adults, but on the needs of the child.
That is why a well-founded claim, supported by the conclusion of the guardianship authority and proper evidence, has a high chance of satisfaction.
Attorneys and lawyers of Prikhodko & Partners Law Firm will provide full support of the court case in order to achieve the ultimate goal and protect interests.
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Do you have a dispute about determining the schedule for seeing your child?
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Do you live separately from your child?
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Are there any obstacles in communicating with your child?
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