The very essence of divorce often raises questions about the order of participation of parents in the upbringing of their children. Most of the difficulties arise from the parents who are forced to live separately from their children after a divorce. Moreover, it is not uncommon for one of the former spouses with whom the children live to prevent the second parent from taking part in the upbringing of their child. However, parents have an equal right to raise common children.
In other words, any prohibitions on the part of one parent are a violation of the rights of the other. Yes, restrictions can occur if the court has ruled that further communication between the second parent and the child may cause the latter mental trauma. The agreement of the spouses on participation in the upbringing of the child can be an excellent solution because it will contain all aspects of the interaction between the parent who will live separately and the child. Professional lawyers of Kasyanenko & Partners Law Company will help you draw up such an agreement. Besides, if the former spouse, with whom the children remain, will violate the terms of the contract, then he is obliged to pay moral damages that he caused by his actions to the second parent. Sometimes we can talk about material damage.
The current legislation does not provide for a specific form of such a contract, which is another reason for contacting a professional who knows his business. The contract must be notarized in order for it to become legally binding. If the parties are not able to peacefully resolve the issue of participation in the upbringing of the child, then this will be handled by the appropriate guardianship and guardianship authorities. Employees of these bodies will offer the most honest options for communicating with the child. Of course, before this, various aspects and circumstances of the former spouses ‘ life will be studied.
Such a dispute about the participation of parents in the life of a child can be sent to the courts for resolution. The basis for filing a claim may well be a violation of the rights of a parent who lives separately, or various obstacles on the part of the former spouse. In addition to restoring justice, the plaintiff also has the right to demand compensation in court for moral or material damage from the defendant. The court can distribute the parent’s participation in the child’s life in various ways, such as:
- dating opportunities;
- granting the right to a joint vacation or partial stay of the child at the place of residence of the second parent.
Conditions can be spelled out in detail: not only a specific period of time but also aspects of spending time together. The decision to raise a child may also contain a clause stating that a third person must be present when Dating. This is done only in the interests of the child.
Factors and circumstances that are important
The court must necessarily take into account the presence of such factors as:
- a responsible attitude of parents to the performance of their duties for the upbringing and maintenance of the child;
- the child’s attachment to one of the parents;
- age of children;
- the physical and mental state of the child.
Information about the physical, material and mental state of the parents will also be taken into account when making a decision. If the former spouse with whom the child lives openly and deliberately evades his or her responsibilities for raising the child or violates a court decision, the child may be transferred to the second parent.
If, unfortunately, you are in the situation described above and you are prevented from seeing and communicating with the child, then contact our divorce specialists, who will not only help you properly file a lawsuit but will also represent your interests at meetings.