After the divorce of the spouses, children who have not reached the age of majority, in the overwhelming majority of cases, remain with their mother. Sometimes a mother, driven by resentment against her ex-spouse or concern for the safety of the child, prevents her son or daughter from communicating with her father - forbids them to see, spend time together, and even talk on the phone. Nevertheless, in addition to equal responsibilities for the upbringing and maintenance of common children after divorce, former spouses also have equal rights in relation to them.
Pre-trial settlement of the order of communication with the child
First, try to negotiate peacefully. Try to explain to your ex-spouse that you want to take part in raising the child and do not harm his physical and mental health. If during a divorce by a court decision or by a voluntary agreement, the procedure for paying alimony was not established, discuss it with the child's mother - your willingness to bear the necessary costs will serve as additional confirmation of the seriousness of your intentions. If your ex-spouse agrees with your reasons, you can enter into a written voluntary agreement that sets out how you will communicate with your child.
If it was not possible to agree with your ex-spouse, you can contact the guardianship and guardianship authorities with a request for assistance in the implementation of your parental rights and responsibilities.
Going to court
If attempts to resolve the dispute out of court have not led to the desired result, you should contact the district court at the place of residence of the child's mother. You will need to write a statement of claim to determine the order of communication with the child. When filing a statement of claim, do not forget to provide a receipt confirming the payment of the state fee, copies of certificates of divorce and birth of a child, as well as any other documents that may serve as confirmation of the facts indicated in the claim:
- characteristics from work and place of residence;
- income statement;
- certificates from neuropsychiatric and narcological dispensaries confirming that you are not registered;
- certificate of no criminal record;
- documentary evidence of the payment of alimony.
The application will need to indicate exactly how the ex-spouse prevents you from communicating with the child, who can confirm the facts set forth in the claim. School teachers or kindergarten teachers and close relatives can testify. Also, the statement of claim should describe the order of communication with the child, which you consider acceptable: the place of communication, the frequency of meetings and their duration.
If you have previously applied to the guardianship and guardianship authorities, attach copies of your appeal and the decision. Guardianship authorities can also be involved as a third party.
Once the judgment is issued, your ex-spouse will be required to act accordingly. If, after that, she continues to interfere with your meetings with the child, you can go to court again, demanding the issuance of a writ of execution - then bailiffs will help to enforce the enforcement of the court decision. Also, measures of administrative influence (fine or administrative arrest) or measures of family legal responsibility, including deprivation of parental rights, can be applied to her.
