Business portal for success. Determination of the place of residence of a child in case of divorce Determination of the place of residence of a child with his mother for a claim

To (name) district (city) court

plaintiff: last name, first name, patronymic,

zip code and full address

contact number)

defendant: last name, first name, patronymic,

registered at:

zip code and full address

(zip code and address of actual residence,

contact number)

third party: (name of the guardianship and trusteeship authority),

I married (last name, first name, patronymic of the defendant). , in (name of the civil registry office, date and number of the registration record). From marriage we have a minor child (children): (last name, first name, patronymic, date/month/year of birth). I live separately from my ex-husband at the address: (indicate full address, living conditions). The child currently lives with the defendant.

Despite repeated attempts, we were unable to come to an agreement on the child's place of residence.

The child is strongly attached to me (as well as to his brother (sister) who lives with me). I create everything for the child the necessary conditions for education and development, namely: (describe the moral and material conditions in the family). (Indicate the plaintiff’s occupation, work schedule, financial and marital status of the parents, etc.).

In accordance with Art. 65 of the RF IC, the place of residence of children when parents live separately is established by agreement of the parents. In the absence of an agreement between the parents, it is resolved by the court based on the interests of the children and taking into account the opinions of the children. In this case, the court takes into account the child’s attachment, moral and other personal qualities of the parents, the relationship existing between each parent and the child, the possibility of creating conditions for the child’s upbringing and development (occupation, work schedule of the parents, financial and marital status of the parents, etc.).

Based on the above, in accordance with paragraph 3 of Art. 65 IC RF

Establish the place of residence of the child (last name, first name, patronymic, date/month/year of birth) with the mother (father) (last name, first name, patronymic of the plaintiff).

Date Signature

Application:

receipt of payment of the state duty (petition for exemption, installment plan, reduction of the amount of state duty);
three copies of the statement of claim (according to the number of persons involved);
child's birth certificate;
certificate of (conclusion of) divorce;
a petition to request the relevant guardianship and trusteeship authority to obtain an opinion on the case and an inspection report of living conditions at the plaintiff’s place of residence;
certificate of income of the plaintiff;
information about the plaintiff’s work schedule;
characteristics of the plaintiff from his place of work (residence);
housing documents from the plaintiff’s place of residence;
other things that support the plaintiff’s arguments.

How to write a statement of claim to court: Video

Ask a lawyer a question for free!

Briefly describe your problem in the form, lawyer FOR FREE will prepare an answer and call you back within 5 minutes! We will solve any issue!

Ask a Question

Confidentially

All data will be transmitted over a secure channel

Promptly

Fill out the form and a lawyer will contact you within 5 minutes

Sometimes each parent is interested in keeping the child, but more often the child becomes only an instrument of influence on the other parent. With such unseemly thoughts, there is no chance of getting the claim satisfied in court, but what should a parent do who wants to keep the child with all his soul and heart? There is only one way out - filing a claim in court to determine the child’s place of residence.

When is it necessary to determine a child’s place of residence?

Parents can file a claim to determine the child’s place of residence at any time as soon as disagreements arise about the place of residence of the children.

This requirement can be stated:

directly during a divorce;
after divorce by a separate claim;
later long time after a divorce, when it becomes necessary to keep the child due to the failure of the second parent to fulfill his duties.

If the parents cannot agree amicably on the child’s place of residence after the divorce, they have to prove through the court their right to leave the child at their place of residence.

No one is stopping spouses from agreeing on who their son or daughter will stay with after a divorce and on a voluntary basis.

However, after a conflict arises, you can do this:

without trial, having entered into a corresponding agreement and certified by a notary;
directly in court, reaching a consensus within the framework.

According to established practice, children, even if the father demonstrates a clear desire to keep them. In this case, not only the material well-being of each parent plays an important role, but also the ability of each of them to devote their time to the development and upbringing of the child.

If the mother has a negative character, abuses alcohol or leads an immoral lifestyle, the child may be left with the father.

A court decision on this issue will make it possible to finally determine the child’s place of residence and save him from constant disagreements between parents. It may be necessary to define and separately in the future.

Where is the claim filed?

Claims regarding disputes regarding the residence and upbringing of children are considered exclusively by district and city courts. Even if, along with this demand, a divorce or a claim for alimony is filed within the jurisdiction of the magistrate.

The law does not prohibit an applicant from combining several claims in a document, but the dispute over children becomes key in determining jurisdiction.

Geographically, filing is carried out at the place of residence of the defendant, but with one exception: if a minor child lives with the applicant, then he has the right to file a claim at his place of residence.

In order to exercise the right to file an application at the place of residence, the parent will need to provide the court with the relevant evidence:

a copy of the passport with a note about the child;
an extract from the house register about the child’s registration at the parent’s place of residence;
a certificate from the street committee or from the Criminal Code confirming that the minor lives with his mother or father at the specified address.

This will be enough for the applicant to get rid of the need to travel to another city to consider the case.

How to write a statement of claim correctly

General requirements are defined in Art. 131 -132 Code of Civil Procedure of the Russian Federation for all claims. There are no separate provisions of law that would regulate how to correctly write a statement of claim to determine a child’s place of residence.

The application is drawn up in writing, although the applicant can either type it on a computer or prepare it by hand. But be careful: unreadable handwriting may result in the document being left without movement, and the court will order the application to be corrected so that it can be read.

As noted above, there are no special requirements for this type of application. But taking into account the provisions of Article 131 of the Code of Civil Procedure of the Russian Federation, the following mandatory elements of the document can be determined:

The name of the city or district court where the claim is filed and its address.
Full names of the parties to the case, their permanent addresses and actual place of residence. Additionally, you can specify telephone numbers and other means of communication.
The descriptive part of the application, which will reflect the circumstances preceding the dispute: the date and circumstances of the marriage, the birth of a child, divorce.
Reasons why it is necessary to determine the child’s place of residence through the court. For example, causing obstacles on the part of the husband in raising a child.
Evidence of the applicant's position as to why the child should be left with him.
Requirements for the court to leave the child with the parent and, if necessary, to simultaneously determine the order of communication with the child.
Date of application, personal signature of the plaintiff, list of documents.

Thus, along with a claim to determine the child’s place of residence, the following demands can be filed:

or establishment;

In any of these cases, the final content of the claim to determine the child’s place of residence will differ more than significantly, since it will be necessary to substantiate each claim and provide evidence to the court for each of them.

Sample application to determine a child’s place of residence

To file a claim, it is advisable to seek qualified legal assistance. At a minimum, it is advisable to consult with an experienced specialist and ask any questions that concern you.

There is no universal application for determining a child’s place of residence.

The following circumstances will have to be separately stated in each claim.

Each of these arguments may be required when drawing up a document, but only a qualified lawyer will give a definite answer about the need to indicate it.

Below is a sample claim template that you can use to draw up your document.

Documentation

To confirm all the circumstances stated in the application, the plaintiff will need to generate the following mandatory package of documentation:

a copy of the claim for the defendant;
a copy of your passport for the court;
copies of certificates: marriage; about its termination (divorce); about the birth of children;
a certificate of the child’s actual place of residence at the time of filing the claim.

Additionally, taking into account the individual characteristics of the dispute, the identity of the parents and the reasons for determining the child’s place of residence through the court, the following may be required:

information about the income of both parents, including information about benefits and targeted payments;
information on the fulfillment of alimony obligations;
documents about the baby’s health status;
information about the availability of property necessary for a child’s comfortable life: living quarters, car;
certificates of inspection of living conditions prepared by the guardianship authorities in relation to one or both parents.
other documents relevant to this case.

Almost all documents can be provided in copies, excluding certificates or documents specially executed for the court. The originals will necessarily need to be presented to the court for review, since during the process the judge may ask to show him the original documents.

State duty

Claims to determine the place of residence of children are subject to payment of a fee in the amount of 300 rubles for one non-property claim.

In this case, the applicant, on the basis of the benefits specified in Art. 333.36 of the Tax Code of the Russian Federation, is exempt from making a payment before filing, as a person applying to court to protect the interests of a minor child.

In the future, the fee will be collected from the defendant, but only if the requirements are satisfied. If additional demands are filed with the claim, then each of them will be paid separately, excluding “preferential” payments.

Additional duty may be:

for divorce: 600 rubles, paid by the applicant, and subsequently by the defendant;
collection of alimony - 150 rubles, the applicant does not pay it when going to court.

Can a counterclaim be filed to determine the place of residence of children? Sample

Yes, if the mother files a demand to determine the place of residence of the child with her, then at the court hearing the father can file a similar statement of claim, with counter demands to leave the child with him.

Indications that this is a “Counterclaim”.
Indication of case number.
Descriptions of the circumstances of the dispute of the first claim.

From the moment a counterclaim is presented to determine the child’s place of residence, the period for consideration of the case is reset, and the process of examining the evidence begins all over again.

from 01/20/2020

The plaintiff must substantiate the claim to determine the child’s place of residence from the point of view of creating the most favorable conditions for the child. Often such lawsuits are filed by a parent out of personal animosity. To “annoy” more. This position will definitely not find understanding with the court. And the court considers cases of this category carefully, often turning to psychologists.

Proper preparation of such a claim requires careful preparation. The plaintiff provides the court with a number of mandatory documents confirming the child’s comfort. That living with this particular parent will ensure the protection of the child’s rights and freedom to exercise them.

The Family Code is based on the protection of private and family life. That is, parents are free to agree on most issues themselves. Including information about the child’s place of residence. A lawsuit is a last resort when an agreement cannot be reached.

A parent living separately has the right to participate in the upbringing of the child. By agreement or through court (see -). In case of violation of this order, the second parent can also contact the police, guardianship and trusteeship authorities to return the child to him.

Example of a statement of claim

To the Oktyabrsky District Court of Arkhangelsk

Arkhangelsk region

Address: 163000, Arkhangelsk, st. Dzerzhinskogo, 37, apt. 5,

tel. 694135461

Born 03/05/1987, place of birth: Leningrad,

address: 163000, Arkhangelsk, st. Lomonosova, 165, apt. 91,

passport 4985 No. 5846165,

tel. 486413546

Administration of the Oktyabrsky district of Arkhangelsk

(guardianship and trusteeship authority),

Address: 163000, Arkhangelsk, st. Lenina, 12.

Statement of claim to determine the child’s place of residence

The plaintiff and defendant were in a registered marriage from 02/16/2009 to 08/20/2020. A minor child was born in the marriage, Konstantin Arkadyevich Yakushchenko, born 11/17/2010, a native of Arkhangelsk. By the decision of the magistrate of court district No. 3 of Arkhangelsk dated August 20, 2020, the marriage between the plaintiff and defendant was dissolved.

Currently, the plaintiff lives separately from the defendant in his own apartment with a total area of 44 sq.m., which belongs to me by right of ownership on the basis of a gift agreement. The child lives with his father, A.A. Yakushchenko, since he prevents him from living with me. We cannot agree with the Defendant on the place of residence of our child.

I maintain contact with the child and believe that he should live with me the following reasons. I have more opportunities to create the necessary conditions for the child’s development and upbringing. My work schedule is flexible, which allows me to have real opportunity do lessons with him, organize visits to sports sections. Since my son plays hockey, living with me will allow him to enroll him in a sports school located at my place of residence.

Due to his work schedule, the defendant is unable to organize leisure time for the child after school. He regularly fails to take his child to training at the hockey club. In addition, living with the Defendant has a bad effect on school discipline - teachers note systematic tardiness and aggressive behavior after living only with his father.

Based on the above and in accordance with paragraph 3 of Art. 65 IC RF,

Identify Konstantin Arkadyevich Yakushchenko, November 17, 2010, a native of Arkhangelsk, with Yakushchenko’s mother Victoria Danilovna, born May 10, 1990.

Application:

Extract from the Unified State Register for the apartment;
Copy work book plaintiff;
Certificate from school.
A copy of the certificate from the sports section
Characteristics of the student
Cadastral plan of the apartment
Notice of sending the claim and documents to the defendant and a third party

Yakushchenko V.A. 12/22/2021

How to draw up a statement of claim to determine the place of residence of a child

The most important principle from which the court will proceed is psychological comfort for the child. If possible, you can get a psychologist's opinion about the child's attachment to his parents, about their relationships, and common interests. The court will take this conclusion into account. If in doubt, a party to the case may request an appointment.

The material component of the issue is also important. The parent must have housing (not necessarily property) and create a personal space for the child (a separate room or part of the living space equipped taking into account the child’s needs). The territorial remoteness is also taken into account - child care institutions, schools, sections that the child already attends. Since changing such institutions will also cause psychological discomfort to the child.

The parent's income level will allow the court to conclude that it is possible to provide for the basic needs of the child. A parent's schedule and work schedule affect the ability to devote personal time to the child. Engage in his upbringing and education. The list of documents that must be submitted to the court is reflected in the article on drafting.

The court will also evaluate the moral character of the parents. Therefore, the plaintiff and defendant can provide . The plaintiff submits the prepared claim, accompanied by written evidence, and petitions to summon witnesses to court, if any, to the district court at the defendant’s place of residence. Such cases are not subject to state duty.

Consideration of the case by the court

The court will evaluate all evidence at the trial. If the child is already 10 years old, he will listen to the child’s opinion. It is important to exclude any psychological pressure in the child’s decision-making.

If the child lives with a parent who is a defendant in the case, it is correct to exercise his right to present or object. The application must also be accompanied by evidence that living with the defendant will be more comfortable for the child. The material component is certainly important. But it doesn't play a key role.

Unfortunately, divorces are not uncommon in our country. Once loving people who dreamed of living in peace and harmony cannot withstand family stress and decide to divorce. Drawing up a claim for divorce is not something extremely difficult and inaccessible to independently writing and submitting to the judicial authorities. It is a completely different matter if there are minor children in the family, and it is necessary to resolve the issue of their further residence by filing a claim to determine the child’s place of residence.

What does the law say?

Family law provides men and women with equal rights to raise their minor offspring. The popular belief that children are always left by their mothers is incorrect. Of course, most court decisions will be in favor of the woman, but there are reasons for this in each specific case.

How to file a claim?

It is better to file a claim with a lawyer or lawyer practicing family law. Because only he knows many of the pitfalls and tricks of litigation. He knows how to competently build a position leading to a winning result for the client. For those who don’t have time to apply for qualified assistance, the article will help and tell you how to competently and independently draw up a document. A sample claim is given in the article. Following it, you can easily draw up a completely acceptable document to submit to a judge for consideration.

The general template for a claim to determine a child’s place of residence is as follows:

The name of the judicial authority is written first;
further, the names of the parties to the case (plaintiff and defendant), their registration addresses and places of residence, details of their representatives;
name of the third party - guardianship and trusteeship, its location;
a statement of the circumstances why the child’s presence with the defendant poses a threat to the child;
justification why it is better for the child to be with the plaintiff;
list of documents;
date of claim and signature of the plaintiff or his representative.

What documents must be attached to the claim?

An application to the court by a parent to determine the place of residence of the child is sent to the court at the place of residence of the plaintiff or at the place of residence of the defendant. The choice of court is at the discretion of the plaintiff.

Documents are evidence with which the plaintiff substantiates his position as to why the child should live with him. Everyone has their own individual situation, so there is no exact list of documents.

It might look something like this:

statement from school teachers, kindergarten teachers;
statements from neighbors and relatives;
conclusions of neurologists and psychotherapists;
conclusion of a school psychologist;
pediatrician's report;
conclusion of the guardianship authority and an inspection report of living conditions;
certificates of employment, characteristics.

Child with father: why not?

What needs to be indicated and how to draw up a statement of claim to determine the child’s place of residence so that he remains with his father?

When making a decision in favor of one of the parents, the court proceeds from the interests of the children and takes into account the following:

the reason for the parents’ divorce, their relationship;
lifestyle and behavior of father and mother;
the ability to ensure a decent level of development for the child;
ability to provide for the child financially;
Which parent is the child more attached to?

The opinion of a child who is over ten years old is taken into account.

Therefore, to increase the chances that the child will remain with his father, it is necessary to collect evidence as carefully as possible, based on the above criteria. Below is an example of a statement of claim to determine the place of residence. Using the above example, the father can independently defend his right for the child to live with him.

Statement of claim to determine the child’s place of residence (sample)

You can file a claim as follows:

In _____________________ court of Simferopol

Plaintiff: Ivanov Sergey Petrovich

Defendant: Ivanova Maria Ivanovna

(registration and residence address)

Guardianship and trusteeship authorities

(full name, location address)

Statement of claim on determining the child’s place of residence

On June 20, 2000, the defendant and I entered into a marriage union. From the marriage there is a minor child, Valery Sergeevich Ivanov, born May 20, 2002.

Since May 10, 2012, the marriage between us has actually ended, and there is no joint household. The minor child currently lives with the plaintiff.

I believe that the defendant is unable to provide normal conditions for raising a child and cannot meet his needs. Abuses alcohol and leads an antisocial lifestyle. Because of this circumstance, the climate in the family is negative.

My level of income and financial situation allow me to provide decent living conditions for my son; there are all the necessary conditions for his development.

In accordance with the RF IC, the place of residence of children, if parents live separately, is established by agreement between them. If there is none, the dispute is resolved by the court. When making a decision, all the circumstances of the family’s life and the personality of each of the parents, the children’s attachment to one of the parents, their age, opinion and other circumstances are taken into account.

Guardianship authorities believe that it is better for the child to live with his father.

Based on the above, guided by family and civil procedural legislation,

Ask:

Determine the place of residence of Valery Sergeevich Ivanov, born on May 20, 2002. with me at my residential address.

Applications:

Copy of the claim

Copy of birth certificate

A copy of the housing title certificate

A copy of the order of appointment to the position

Certificate of earnings

Characteristics from the place of work and place of residence of the plaintiff

Characteristics of the defendant

Conclusion of the guardianship authorities

Conclusion of a neurologist

Conclusion of a school psychologist

Statement from school teachers

08/05/2013 signature

Participation of guardianship authorities in court proceedings

When considering a claim to determine a child’s place of residence, the court is obliged to involve guardianship and trusteeship. Officials This body examines the living conditions of the plaintiff and defendant, draws up an act that is submitted to the court for consideration, and also draws a conclusion with which parent the child will be better off. The absence of this body during the consideration of the case is a gross violation of the law.

Criteria by which the court works

The court considering the case is guided by data characterizing the personality of the parents, their ability to create normal conditions for the development of children, as well as the existing relationships in the family, the ability to ensure the child’s communication with the second parent and relatives. Takes into account the conclusion of guardianship.

How is the trial going?

The trial takes place in a court session with the participation of all parties and third parties. The parties must prove the circumstances they refer to and provide all available evidence. If there are difficulties in obtaining documents, you can ask the court to request them.

The article indicates the main points that you should pay attention to when drawing up a claim to determine the place of residence of a child. A sample document is also included. It can also be found in specialized books or at the court stand. The main thing is to collect a complete package of documents and correctly draw up an application.