Parents are obliged to remember the rights of the child prescribed in ch. 11 tbsp. 80 SK RF. The list includes not only feeding, shod and dressing children, but also providing them with protection, including from relatives who abuse their position. If the father of the child behaves inappropriately towards the minor, the mother can limit his communication with him, especially with a direct threat to physical and mental health.
In court, referring to Article 73 of the IC of the Russian Federation, it is possible to temporarily prohibit the meeting of children with their father, including with relatives on his part.
The initial term is 6 months, if nothing is changed regarding the father and the child, the court deprives him of parental rights.
Selfishness or facts: briefly on the important
Often, an attempt to limit the communication of a father and son (daughter) consists of a woman’s personal hostility, blackmail, or due to the fact that having visited the pope, the children begin to disobey and question the requests of the mother.
It is important to understand that just like that, of one’s own free will, one cannot forbid meetings of family people.
Even after a divorce, having created another family, a father who is not deprived of parental rights should see his children from previous marriages (Article 66 of the RF IC).
When a woman, by imposing a ban, tries to blackmail a man, demanding in return for meetings money or material wealth, this is blackmail that can be used against her. It is enough to submit to the court an audio or video recording, a screen of correspondence to get a clear definition - how many times a week the father can see the child.
Another thing is if the former husband negatively affects the children at meetings, restores them against the mother, uses them as a weapon, settling scores with the woman who threw him. The collected evidence will allow him to achieve in court restrictions on his communication with the child.
What can serve to ban
In the Constitution of the Russian Federation in Art. No. 38 spelled out that both parents, incl. adoptive parents have equal rights to children, unless otherwise provided by a court decision.
The restriction of authority may be due to:
- non-fulfillment by a man of maintenance obligations;
- inflicting physical and moral harm (hits, or exerts psychological pressure);
- divorce, even if the father behaves exemplary.
Divorce can be a reason to not let the child go to his father when he lives far away or after talking with him the baby is very worried and requires that the parents be together. Protecting the nervous system of children, the court is forced to consider that mom and dad are not able to live in the same apartment. But while children cannot understand the motives of adults, it is better to limit their communication with their father.
When a woman, starting a new family life with another man, tries to make her forget her father by banning meetings, this is not an argument for a lawsuit.
If the pope is positive in everything, communication is beneficial, and there are no emotional negativities, the judge will refuse the lawsuit and will not accept the mother’s desire to build personal happiness to the detriment of the children's desire.
Not only that, if the father filed a counterclaim requiring the son (or daughter) to live with him, arguing that the ex-wife had a new husband who is ill-disposed towards the stepson, his demands can be satisfied and the child will live with dad.
Malicious Alimony, systematically evading the obligation to support children, may be limited in communicating with them. This is due to his intentions to worsen the life of the child, when the lack of regular funding leads to the fact that the son (daughter) is poorly dressed, eat little, do not attend the necessary circles, and do not receive medication.
Alcoholic, drug addict, homeless person, jailer - socially deserted people. They cannot positively influence the spiritual development of children and instill good inclinations in them. Even worse, if the asocial element is prone to violence, this is a direct threat to life and the court will meet the woman who demanded to limit the communication of children with such a father.
Partial and absolute solution
Having considered the lawsuit, the court takes into account:
- age of the child (or each of the children);
- where and how does father live;
- state of his health;
- what way of life leads;
- how much children love dad.
A partial restriction can be both in time (1-2 times a week month), and provide for the mandatory presence of the mother at the meeting. Especially if there is a suspicion that the father is rebuilding the children against her. Upon reaching 10 years, the child in court can express their own opinion.
An absolute restriction of up to 6 months is imposed by art. 69 SK RF, if father:
- slandering against the mother;
- manipulates children for their own purposes;
- refuses to participate in the life of the child;
- does not pay child support;
- went to prison (drank too much).
In this half-year, dad cannot communicate with his son (daughter). And if at the end of this period his behavior (lifestyle) does not change, then in court a woman may demand that the biological father be deprived of parental rights with an absolute prohibition on approaching children.
How to get everything right
On its own, the mother of the child cannot limit the rights of the father, therefore she needs to contact the court secretariat and write a statement on the model.
In the sections of the document fill:
- a hat (court address, name of father and mother);
- legal part (they must write what laws the plaintiff refers to);
- requirements section (in detail about what the mother wants);
- at the end, a list of copies of documents.
On the application and the folder with the documents put the audit of the secretary that the case is accepted into the work. You can send everything by registered mail, leaving yourself a receipt for sending and demanding to send a notification of receipt in writing.
In a court decision in favor of the mother, the father will not be able to see the children, learn about them from outsiders, or try to guard the child at educational institutions. A woman has the right, without the consent of the pope, to take children abroad, to solve other issues related to long trips, vacations.
The restriction does not deprive the child of the right to receive alimony or inherit property in the event of the death of the parent.
