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Legal Assistance for Determining the Place of Residence of a Child

A lawyer specializing in determining the place of residence of a child will help clarify the legal aspects of the process, including how court proceedings unfold and how your interests will be protected in court. If the child is over 10, their opinion must be considered, unless it contradicts their best interests. Guardianship authorities assess the child’s living conditions, and a lawyer can challenge any errors found in the process. Legal guidance is crucial, especially if circumstances change, requiring ongoing legal support.


Are the Rights Equal?


In Belarusian law, parents share equal rights and obligations regarding their children, as outlined in the Constitution, the Rights of the Child Act, and the Marriage and Family Code. Regardless of whether parents live together or separately, their right to care for the child is equal. In cases of separation, disputes may arise regarding child custody, but the guardianship authority must participate in the court proceedings. The court considers various factors, including the child’s age, attachments, and the parents’ ability to provide suitable care.


Voluntary Procedure for Determining the Place of Residence of a Child in Belarus

In Belarus, the Marriage and Family Code allows parents to voluntarily decide where their child will live if they are no longer together. If parents are separated or divorced, they have the right to mutually agree on which parent the child will reside with. In such cases, the child’s place of residence is determined by the parent with whom the child lives. This voluntary procedure simplifies decisions without the need for court intervention when both parents agree.


The Сhoice is Up to the Children


In Belarus, children over the age of 10 have the right to express their preference regarding which parent they wish to live with. However, this right is not absolute; the court may override the child’s decision if it contradicts their best interests. The child’s opinion is assessed by the guardianship authority and, if necessary, a personal interview is conducted to ensure the child’s wishes are sincere and not influenced by external parties. This process ensures the child’s well-being and development remain the priority.


Determining the place of residence of a child without court participation

The place of residence of a child can be determined through a Children’s Agreement, a written document between parents that addresses not only residence but also communication, maintenance, and travel procedures. This agreement is legally binding once certified by a notary. To finalize it, both parents must appear in person, provide a passport or residence permit, and submit the child’s birth certificate along with supporting documents. A notary fee is required for certification, ensuring the agreement’s authenticity and legality.


Judicial procedure for determining the place of residence of a child


If parents cannot agree on the child’s place of residence, one parent can file a claim in court. The court then considers several factors, such as each parent’s care and attention to the child, their emotional attachment, and material conditions like income and employment. For children aged 10 and older, the child’s opinion is also considered, provided it aligns with their best interests. The court relies on the guardianship and custody authority’s assessment to ensure the child’s well-being is prioritized.


What’s the purpose of a lawsuit to determine the place of residence of a child

A lawsuit to determine the place of residence of a child gives one parent the authority to make decisions about the child’s living arrangements and upbringing. This ensures that the non-custodial parent cannot unilaterally take the child. The court typically also establishes the child’s visitation schedule with the other parent. In making its decision, the court prioritizes the child’s best interests, including proper care, material support, and emotional well-being, ensuring the child’s upbringing is secure and balanced.


The role of the guardianship and custody agency in determining the child’s place of residence


The guardianship and custody agency plays a crucial role in determining a child’s place of residence. It inspects the child’s living conditions, assessing factors like sleeping arrangements, study space, cleanliness, and overall environment. The agency’s report is vital for the court’s decision, and decisions made without considering its findings may be overturned. Additionally, if the child is over 10, the agency is responsible for ascertaining the child’s preference for which parent they wish to live with, ensuring the child’s best interests are prioritized.


Our Services

Child’s Residence Guidance
We guide you through the legal process of determining your child’s place of residence, ensuring the best interests of the child are prioritized and all legal requirements are met.
Children’s Agreement Drafting
We assist in drafting a legally binding Children’s Agreement, covering all aspects of child custody, communication, and support, ensuring your rights and the child’s well-being are protected.
Document Preparation for Court
We provide expert advice on which documents are essential to secure a favorable court decision regarding your child’s residence, ensuring a smooth and effective legal process.
Claim and Document Filing
We prepare a statement of claim and gather all necessary documents for court, making sure every detail is in place for a successful legal resolution.
Court Representation
Our experienced legal team will represent your interests in court, advocating for the best outcome in the determination of your child’s residence.

Documents to Submit for Court in Child Residence Disputes

Guardianship Authority Conclusion

Guardianship Authority Conclusion

Provide a formal conclusion from the guardianship authority, detailing the child’s living conditions and the agency’s assessment of their best interests.

Character Reference Materials

Character Reference Materials

Submit character references, such as family background assessments or work-related references, to support your case and demonstrate a stable environment for the child.

Health and Safety Records

Health and Safety Records

Present documents verifying the absence of issues such as substance abuse or psychiatric conditions, ensuring a safe and healthy environment for the child.

Child's Birth Certificate

Child’s Birth Certificate

Include a copy of the child’s birth certificate to establish legal parentage and confirm identity in the legal proceedings.

Factors Considered
in Child Residence Disputes

1
Parental Care and Attention
The court evaluates which parent demonstrates more care and attention to the child, considering factors like work schedules, availability, and overall environment.
2
Child’s Age and Attachments
The child’s age and emotional attachment to each parent, siblings, and other family members are important factors in deciding residence.
3
Parents’ Personal Qualities
The court assesses the personal qualities of each parent, including their ability to nurture, support, and provide a stable environment for the child.
4
Material and Psychological Environment
The court considers whether each parent can provide a suitable living environment, including financial stability and a positive emotional atmosphere for the child’s development.
5
Level of Upbringing
The court examines whether each parent can offer proper upbringing, ensuring the child’s educational, emotional, and social needs are met.
6
Other Circumstantial Factors
Other circumstances, such as the overall living situation and any external influences, are also taken into account when determining the child’s place of residence.

Other Services

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Determination of the Child’s Place of Residence

We offer legal assistance in determining the child’s place of residence, ensuring that the best interests of the child are prioritized. Whether through mutual agreement or court intervention, we guide parents through the legal process, considering factors like care, living conditions, and emotional attachment to each parent. Our expert legal team ensures a fair and well-reasoned decision, protecting both the child’s rights and the parents’ interests.

Determination of Other Order of Departure of the Child

Our services include helping parents establish the terms under which their child may travel or relocate, either within or outside the country. We help navigate the legal requirements for temporary or permanent relocation, ensuring both parents’ rights and the child’s well-being are considered. Whether for vacations, international moves, or other purposes, we ensure that all legal formalities are followed, including obtaining court approval when necessary, to avoid future disputes.

Deprivation of Parental Rights

In cases where a parent’s actions endanger the child’s well-being, we assist in filing for the deprivation of parental rights. This procedure involves legal action to remove a parent’s custody and visitation rights, ensuring the child’s protection. Our team ensures that all legal grounds, such as abuse or neglect, are thoroughly investigated and presented in court, with the child’s safety and future care as the primary concern.

Agreement on Children

We assist in creating legally binding agreements on child custody, visitation, and support, ensuring clear and enforceable terms between parents. Whether during divorce or separation, our team helps parents draft agreements that meet the child’s needs and establish practical arrangements for their care. This agreement can also address other matters such as education, health care, and vacations, making it a comprehensive document that protects both parents and children.

Restoration of Parental Rights

If parent’s rights have been removed, we offer services to restore them through legal procedures. Restoration of parental rights requires proving that the parent has rehabilitated and is now able to provide a safe and stable environment for the child. Our experienced team navigates the complex legal process to present a compelling case for restoring parental rights, always focusing on the child’s best interests and long-term stability.

Guardianship and Custody

We provide expert legal services for establishing guardianship and custody, whether for a minor child or an incapacitated adult. Our team assists in filing petitions for guardianship, ensuring that the child’s or individual’s welfare is prioritized. We also represent clients in custody disputes, ensuring that all legal requirements are met, and the arrangement is in the best interests of the child or individual needing care.

Adoption in Belarus

Adoption is a deeply personal and life-changing process. We provide comprehensive legal assistance for those looking to adopt in Belarus, guiding you through every step of the procedure. Our services include filing the necessary paperwork, representing clients in court, and ensuring that all legal requirements are met to finalize the adoption. We help ensure that the process is smooth, legally compliant, and focused on securing the best future for the child.

Restriction of Parental Rights

In certain situations, where a parent is deemed unfit to care for a child, parental rights may be restricted rather than fully revoked. We help navigate the legal process of imposing restrictions, ensuring that the child’s safety and well-being are prioritized. Whether due to health issues, criminal activity, or neglect, our team ensures that all legal options are explored, and the child’s rights to a safe and supportive environment are upheld.

Challenging the Record of Parents

In cases where a parent’s rights or actions are disputed, we offer services to challenge official records or decisions regarding parental status. Whether challenging custody arrangements, allegations of misconduct, or other issues, our legal team works to ensure that your rights as a parent are protected. We thoroughly investigate the circumstances and work to modify or overturn unjust decisions, ensuring that the child’s welfare remains the central focus.

Alimony Collection

We assist in the collection of alimony, ensuring that non-custodial parents fulfill their financial obligations to support their children. Our services include enforcing alimony agreements, pursuing overdue payments, and taking legal action when necessary. Whether seeking support for the first time or enforcing a court order, our team works diligently to ensure that alimony is paid on time, helping to maintain the child’s well-being and standard of living.

Collection of Alimony from a Foreign Citizen

When a non-custodial parent resides outside Belarus, collecting alimony can be complex. We provide legal assistance to collect alimony from foreign citizens, navigating international laws and agreements. Our team ensures that the necessary procedures are followed, whether through direct negotiations, international enforcement mechanisms, or legal action, ensuring the child’s financial support is not hindered by the other parent’s location.

Changing the Amount of Alimony

If the financial circumstances of either parent change, we assist in modifying the amount of alimony. Whether seeking an increase or decrease, our legal team helps file the necessary petitions to adjust alimony payments in line with new income levels, living expenses, or other relevant factors. We ensure that any change reflects the child’s needs and is legally sound, providing a fair outcome for both parents while prioritizing the child’s best interests.

Why Us

Personal Approach

Personal Approach

We provide tailored solutions, taking the time to understand your unique situation and needs, ensuring that every case receives individualized attention and care.

Experienced Family Lawyers

Experienced Family Lawyers

Our team consists of skilled family lawyers with years of experience in handling complex child custody, guardianship, and family law cases, ensuring the best possible outcome for you.

Cross Industry Experience

Cross Industry Experience

With experience across multiple legal sectors, we bring a well-rounded perspective, leveraging our diverse expertise to navigate even the most complicated family law matters effectively.

We Speak Your Language

We Speak Your Language

We understand the importance of clear communication. Our team is fluent in multiple languages, ensuring that you receive precise and accessible legal advice no matter your background.

Fast Response Time

Fast Response Time

We prioritize your case with urgency, ensuring quick responses and timely updates, so you’re never left in the dark during any stage of the legal process.

International Experience

International Experience

Our team has extensive experience in international family law, helping clients navigate cross-border custody issues, alimony collection, and other matters involving foreign jurisdictions with ease.

FAQ

If I dissolved my marriage with my spouse, but remained living in the same house with her, in this case, can I apply to the court to determine the place of residence of our son?

If you and your spouse are living in the same house after divorce, but separately, a dispute about the child’s place of residence does not arise. Instead, you should apply to the court for a decision on the arrangement for each parent’s participation in the child’s upbringing.

If I want to dissolve my marriage with my spouse and determine that my child should remain living with me, can I apply to the court with these requirements and how much state duty should I pay?

Yes, you can. According to Article 39 of the Code of the Republic of Belarus, the court will decide on the dissolution of marriage, the child’s place of residence, and the arrangement for each parent’s participation in their upbringing. Additionally, the court will determine alimony obligations. When filing a claim with these requirements, you must pay a state duty of 3 basic units.

How does a child find out which parent he/she wants to live with?

The child’s preference is typically determined through an interview with a professional, such as a psychologist, to ensure that the process does not harm the child’s psyche. The psychologist ensures that the child’s opinion is sincere and not influenced by either parent. The assessment is done in a way that prioritizes the child’s emotional well-being, ensuring that their voice is heard in a safe and supportive environment.

Does it matter who is the better off parent in a dispute over the child’s residence?

No, it does not. The court does not prioritize financial stability over the child’s well-being. What matters most is which parent provides the best care for the child’s emotional and physical development. The court will focus on factors such as the parent’s ability to nurture, provide a stable environment, and meet the child’s overall needs, rather than their financial status. The child’s best interests are always the top priority.

Can a child be left to live with his father and grandmother?

No, grandparents do not have the right to determine the child’s residence. While they do have rights to communicate with the child, the child’s primary residence is typically determined by the parents. In the case of disputes, the court will decide where the child should live, usually with one of the parents, taking into account the child’s best interests. Grandparents may be involved in the child’s upbringing, but they cannot replace the parents in terms of legal residence.

What does a court decision on determining the place of residence of a child with one of the parents?

A court decision on determining the place of residence of a child resolves the dispute between parents about which parent the child will live with. It is not about a specific address but about which parent will have custody, regardless of the child’s registration. In practice, such a decision is often required for certain administrative procedures or the consent of the other parent. Additionally, foreign authorities frequently require a court decision to confirm with whom the child resides when handling matters abroad.

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    • Lawyer
      Legal assistance is provided by advocate Anton Grinewich, Specialized Legal Bar No. 2 in Minsk.
    • E-mail
      info@ambylegal.by
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      Office: 1 Krasnaya str., Minsk, Republic of Belarus Postal address: 1 Krasnaya str., Minsk, Republic of Belarus
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