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The dissolution of the marriage of children's parents, as well as the separation of parents who were not married to each other, will certainly affect the relationship of close relatives with children, primarily on communication with grandparents. Unlike parents, grandparents, brothers, sisters, aunts, uncles, must comply with the pre-trial procedure for resolving the dispute. By virtue of Part 2 of Article 67 of the Family Code of the Russian Federation, if parents refuse to provide close relatives of the child with the opportunity to communicate with him, the guardianship and trusteeship authority may oblige the parents (one of them) not to interfere with this communication. This means that if close relatives are prevented from communicating with the child, then it is necessary to submit a written (or oral) statement to the guardianship and trusteeship authority at the place of residence (registration) of the child with a request to assist in resolving the conflict. Specialists from the guardianship and trusteeship department are required to call the parents (or one of them), conduct a conversation and take measures to establish a schedule for communication with the child, and it is not at all necessary to draw up a written agreement. However, if the parents (or one of them) do not comply with the decision of the guardianship and trusteeship authority, the guardianship officer explains the right of close relatives to file a claim in court to remove obstacles to communication with the child. And then close relatives have the following evidence: an appeal to the guardianship and trusteeship authority, their response, an agreement on the procedure for exercising the rights to communicate between close relatives and children.
Consideration of this kind of civil cases occurs in the same manner as consideration of a claim regarding the procedure for communication between a separately living parent and a child.
Sample application to the guardianship and trusteeship authority
Local municipal administration
education municipal district XXXXXXX
address: st. Petrova-Vodkina, building 5 a
St. Petersburg, 198000
Applicant: Petrova Larisa Aleksandrovna,
registered at the address: St.
phone XXXXX, passport details
statement
I ask you to assist in protecting the rights of minor Petrova Irina Konstantinovna, born on January 1, 2011, registered with her mother, Ivanova Vera Nikolaevna at the address: St. Petersburg, st. Kommuny, 18 kv. 1, phone number ХХХХХХХХ. The parents were married, the marriage was dissolved on March 1, 2014 by the decision of the magistrate of judicial district No. 153 of St. Petersburg.
Since the summer of 2014, my husband and I have been deprived of the opportunity to take part in raising our granddaughter, because... mother of the child to create obstacles in communication: Ivanova V.N. does not answer phone calls, we do not know which kindergarten Irina attends, because... her mother transferred her to another institution, and she also changed her place of residence.
In accordance with Art. 55, art. 67 of the Family Code of the Russian Federation, I ask you to have a conversation with Vera Nikolaevna Ivanova, to explain to her the legal consequences of obstructing her granddaughter’s communication with close relatives. I ask you to respond to this appeal within the time limit established by law at the address: St. Petersburg, Grazhdansky Ave., 1, apt. 1.
Sample claim for removing obstacles to communication with a child and establishing a procedure for communicating with a child
In the Krasnogvardeysky District Court of St.
St. Petersburg
Plaintiffs: Petrova Larisa Aleksandrovna,
Petrov Petr Petrovich,
registered at the address: St.
St. Petersburg, Grazhdansky pr. 1, apt. 1
phones XXXXX
Defendant: Ivanova Vera Nikolaevna, registered
at the address: St. Petersburg, st. Kommuny, 18 apt. 1
phones XXXXX
Interested parties - guardianship and trusteeship authorities:
MA MO Rzhevka, address:
MA MO MO Academic
Statement of claim to remove obstacles to communication and to determine the order of communication between grandparents and a child
We, the Petrov spouses: Petr Petrovich and Larisa Aleksandrovna, are the grandparents of the minor Petrova Irina Konstantinovna, born on January 1, 2011, registered at the address: St. Petersburg, st. Communi, 18 apt. 1, with his mother, Vera Nikolaevna Ivanova. Our son was married to the Defendant, the marriage was dissolved by XXXXX. Since my parents' divorce, we could only see our granddaughter when the son was dating his daughter. The meetings took place from time to time, since Ivanova V.N. created obstacles in communication with Irina both for our son and for us. We have all the necessary conditions for the child to be at our place of residence, which is confirmed by the inspection report of the apartment at the place of residence, drawn up by a specialist from the guardianship and trusteeship department of the MA MO MOXXXX.
Currently we are deprived of the opportunity to communicate with the child. We made attempts to arrange meetings with my mother, but this did not bring the desired result. We want to take part in raising our granddaughter. We contacted the guardianship and trusteeship authority at the place of residence of the child and at our place of residence, but we were unable to resolve this problem.
In accordance with Part 1 of Art. 67 of the Family Code of the Russian Federation, grandparents, brothers, sisters and other relatives have the right to communicate with the child. According to Part 2 of Art. 67 of the RF IC, if the parents (one of them) refuse to allow the child’s close relatives to communicate with him, the guardianship and trusteeship authority may oblige the parent (one of them) not to interfere with this communication. If the parents (one of them) does not obey the decision of the guardianship and trusteeship authority, close relatives of the child or the guardianship and trusteeship authority have the right to file a lawsuit to remove obstacles to communication with the child. The court resolves the dispute based on the interests of the child and taking into account the child’s opinion.
Guided by Article 67 of the Family Code of the Russian Federation, WE ASK: Oblige Vera Nikolaevna Ivanova not to interfere with our communication with our minor granddaughter Irina Konstantinovna Petrova, born on January 1, 2011, and determine the following procedure for communication with her granddaughter: every Saturday of the month at 17.30, the grandmother and/or grandfather pick up the child from mother at the place of actual location and return the child to the mother at the place of residence at 20.00 of the same day.
Application:
1. A copy of the marriage certificate of the Petrov spouses (4 copies).
2. Copy of birth certificate of Petrova I.K. (4 copies).
3. A copy of the application to the guardianship authority of the Rzhevka Moscow Region (4 copies).
4. A copy of the application to the guardianship authority of the Moscow Region Moscow Academy of Medical Sciences (4 copies).
5. Copy of the response from the Moscow Region Moscow Region MA Rzhevka (4 copies).
6. Characteristics from the place of residence of the Petrov spouses (4 copies).
7. A copy of the certificate of registration of the Petrov spouses at the place of residence (4 copies).
8. Characteristics from the place of work of Petrov P.P. (4 copies).
9. Receipt for payment of state duty - for the court.
Documents are presented according to the number of persons participating in the case. Original documents will be presented at the preliminary hearing.
According to practice, in most Russian families unpleasant conflict situations often arise over grandchildren. Some parents prevent their children from communicating with close relatives. This may be due to any quarrels or misunderstandings.
Disputes often arise about establishing ways for grandparents to participate in the upbringing of a minor child. Mothers and fathers can independently determine the place and time of communication between grandparents and grandchildren. In this article you can find out exactly what rights a grandmother has to communicate with her grandchildren are established by current legislation.
Does a grandparent have the right to see their grandson after a divorce?
Some lovers' relationships don't work out. Despite the large number of years they have lived together, despite the presence of common children and property, the couple often accepts. It's just difficult for them to find a common language.
Disagreements may arise while raising children, performing household duties, etc. Often, ex-lovers then part ways far from peacefully. Even after a divorce, there may be conflicts between the parties regarding the maintenance of common children.
At the same time, mom and dad do not have the right to protect the child from communicating with relatives, and also should not interfere in the relationship between grandmother and granddaughter, grandson. Of course, this is only relevant if the grandmother’s upbringing does not contradict the interests of the child. Communication should not harm a child who has not yet turned eighteen years old.
In no case should education contradict the norms of moral and ethical law. Parents themselves can personally decide, even in a separate agreement (for example, in), whether the communication of a grandchild with his grandparents complies with the basic norms of family law. Only the court should deal with this.
At the same time, a family lawyer plays an active role in determining the rights of relatives to raise a child. That is why, if grandparents are not allowed to see their grandchildren and carry out educational work, then they have the right to seek appropriate help from a lawyer or lawyer, and after that - to the court with a claim.
Relatives can independently determine ways to participate in the upbringing of their grandchildren through the courts. When spouses get divorced, very rarely everything goes quietly and calmly, without mutual insults, mutual claims (apartments, houses, cars).
After a divorce, it is the mothers who are left with the child in their arms who have the hardest time. It is difficult for them to raise children on their own. Therefore, they, because of which even more unpleasant conflicts arise.
At the same time, everyone forgets about grandparents who cannot see their beloved grandchildren grow up. They also don't have to wait for their kids to come to their home for the summer holidays. All grandparents whose grandchildren were taken from them by mothers (sometimes fathers) offended by divorce should know that the law gives them the opportunity to defend their right to communicate with their grandchildren.
The Family Code states that grandparents, great-grandparents and great-grandparents must communicate with their own grandchildren. They can take a direct part in their upbringing. However, parents cannot interfere with this or make attempts.
Among other things, if, for example, a daughter-in-law does everything possible to limit the child’s meetings with her husband’s parents, then the latter have the right to go to court. In this case, you can file a lawsuit demanding the removal of all obstacles to the exercise of rights. According to one of the articles of the RF IC, a dispute about the participation of the ex-spouse’s parents in the life of the child is resolved by the court.
How to defend a grandmother’s rights to communicate with her grandchildren?
You can apply to the court; this right is enshrined in Article 67 of the RF IC, which reads:
- all close relatives have the right to take part in raising the child and can also communicate with the child. Nobody can stop them from doing this;
- if mom and dad are categorically against allowing close relatives the opportunity to maintain communication with the child, the guardianship and trusteeship authority may oblige them not to interfere with communication if there are no objective reasons for this;
- If the mother or father of a common child does not obey the decision made by the guardianship and trusteeship authority, then the child’s close relatives and the guardianship and trusteeship authority have the right to file a claim in court. The court usually resolves the dispute based on the interests of the child. He always takes into account his opinion.
If the guilty parent refuses to obey, then measures established by civil law are applied to him.
Where to contact?
To file a corresponding application, you must go to court.
What documents may be required?
The claim form is very simple:
- first you need to enter the title. It must contain details of the court, information about the plaintiff (that is, about the grandmother filing the application) and the defendant (about the parent who is preventing the relative from meeting the child);
- information part. Its main task is to describe the current situation. The reasons for the ban must be indicated. It is important to identify violations, if any. Among other things, it is also necessary to establish the basic requirements for the court and the defendant and justify them;
- final part. It is important to include a list of required documents. They should be attached to the completed application. The signature of the plaintiff is also required, as well as the date of filing the application.
Immediately after the relevant application is submitted, the trial will begin. Not only the plaintiff, but also the defendant and the child must take part in it.
Among the documents there must be an identity card (passport of a Russian citizen).
Is it possible to legally limit a child’s communication with relatives?
There are times when communication with relatives can harm a child. These include maintaining an incorrect lifestyle (grandparents). In this case, you can go to court to limit the child’s communication with such relatives.It is generally accepted that a grandmother loves her grandchildren much more than her own children. She cherishes the kids and constantly pampers them. However, some grandmothers may regularly insult their parents in the presence of their children, turning the latter against their mother or father.
Often relatives even offend their grandchildren. Most are capable of using obscene language in the presence of children. How, in this case, can you limit the grandmother’s communication with the child? If a relative violates all moral and ethical standards of behavior regarding the upbringing of her grandson, then she should go to court.
And the closest relatives, justifying their actions with desire.
The interests of the latter are not taken into account, and this is a direct violation of the law. If the situation cannot be resolved peacefully, the grandmother can defend her rights to communicate with the child after the divorce of his parents in court.
What rights does a grandmother have to a child after a divorce?
Defines the concept "". Their circle includes not only mother and father, but also grandparents, brothers, sisters who have both or one parent in common. After a divorce, loved ones have the right to communicate with children, call them, buy gifts and clothes.
The parent with whom the minor lives should not interfere with the grandparents, unless their actions have selfish or illegal motives.
If the mother does not allow them to see their grandchildren, they can go to court. This authority will determine the frequency of meetings between relatives and children.
The court will take into account the mother's claims and a decision will be made in accordance with them. At the same time, they will ask, his consent will be required upon reaching the age of ten.
Does he have the right to see his grandson?
The grandmother, to whom her grandson is attached, has the legal and moral right to meet with him. When parents refuse to allow elderly people to communicate with their children, the first thing they can do is contact the guardianship and trusteeship authorities with a statement.
The document contains a request for assistance in ensuring that they are not prevented from meeting their grandchildren. If the decision of the authority does not change the situation, the next step will be to go to court at the place of registration of the defendant.
Relatives may refuse to satisfy a claim for the following reasons:- the court will be presented with evidence that communication with grandparents traumatizes the psyche of their grandchildren. Elderly people may drink alcohol or the living space may be in unsanitary conditions;
- the mother will prove that the baby is not properly cared for while he is staying with relatives. Children return dirty, hungry, and get sick after visiting them. The grandchildren's leisure time is not organized; they are left to their own devices;
- relatives exert psychological pressure on minors, undermining the authority of the mother or father, try in every possible way to present them in the most unfavorable position, and blame one or another party for the divorce.
If such facts are not revealed, and the mother prevents meetings with relatives, measures may be taken against her in accordance with the law.
Does he have the right to take custody if the spouses get divorced?
A grandmother can take her children in to raise her if only she has permission from the guardianship authorities or the court. This may happen if:
- ex-spouses;
- parents refuse to pick up their children from the educational institution where the child was temporarily staying;
- the fact of committing a crime against a minor will be proven;
- mother or father abuses children;
- parents suffer from alcoholism and take drugs;
- Minors are subject to negative psychological pressure (parents are members of a sect).
In court, the grandmother may insist on limiting the former spouses' parental rights if grounds are presented.
What to do if your ex-daughter-in-law is against communication?
A woman who is offended by a man quickly forgets how much work, effort, and money the mother of her ex-husband put into their child.
Emotions do not allow us to adequately assess the current situation.
Often the daughter-in-law prevents the grandmother from communicating with her grandchildren, changes her phone number, and sometimes even moves to a different address.
Relatives can refer to the legislation, according to which a minor, after the divorce of his mother and father, living in the territory with one of them, has the right to communicate with all representatives of the family. Even if they are in different states.
The best solution to conflict situations is peaceful. Guardianship and trusteeship authorities can help resolve the problem. But if it is not possible to reach a consensus, you need to go to court. Restricting a child’s rights is a violation of all legal and moral norms.
Such principles on the part of the mother directly harm his mental health. Some women, in relation to former family members, turn the child against them.
When making a decision, the court will take into account not only the opinion of the child, which the mother could impose, but also the arguments of other opponents. Grandmothers can take care of their grandchildren and take care of their health. If there is no verbal agreement with the parents, the court determines the frequency of meetings.
There are precedents in judicial practice when a daughter-in-law uses the services of her mother-in-law as a nanny. At first after the divorce, she accepts the help of her grandmother, and when the baby grows up, the woman goes to work and does not allow them to see each other anymore.
Such incorrect behavior is unacceptable from both legal and moral aspects. The position of the law on this issue is firm - a daughter-in-law can limit communication with a child only if there are facts of a negative impact on the younger generation.
How to help a grandmother survive her son’s divorce from his wife if there is a child?
Some grandmothers are very upset about their son's divorce. They perceive their grandchildren as their children if they have been closely involved in their upbringing from a young age.The man’s task is to find an approach to his ex-wife in which all parties will come to a mutual decision on the issue of communication with the child.
A man must be strong and not allow emotions to take over the situation, because we are talking about the most dear people.
The mother-in-law, from the height of her years, must also assess the situation correctly, not interfere in the affairs of the former spouses, and not escalate the situation. Divorced people have a hard time, they are going through changes in their lives. If close people do not support you morally, the situation becomes much more complicated.
You need to maintain good relations with your daughter-in-law. In raising children, all adults must unite and become allies.
Family code.
Article 55. The child’s right to communicate with parents and other relatives
1. The child has the right to communicate with both parents, grandfather, grandmother, brothers, sisters and other relatives.
Article 67. The right to communicate with the child’s grandfather, grandmother, brothers, sisters and other relatives
1. Grandfather, grandmother, brothers, sisters and other relatives have the right to communicate with the child.
2. If the parents (one of them) refuse to provide the child’s close relatives with the opportunity to communicate with him, the guardianship and trusteeship authority may oblige the parents (one of them) not to interfere with this communication.
3. If the parents (one of them) do not obey the decision of the guardianship and trusteeship authority, the child’s close relatives or the guardianship and trusteeship authority have the right to file a claim in court to remove obstacles to communication with the child. The court resolves the dispute based on the interests of the child and taking into account the child’s opinion.
In case of failure to comply with the court decision, measures provided for by civil procedural legislation are applied to the guilty parent.
Article 5.35 2. Violation by parents or other legal representatives of minors of the rights and interests of minors, expressed in deprivation of their right to communicate with parents or close relatives, if such communication does not contradict the interests of children, in deliberately concealing the location of children against their will, in failure to comply with a court decision to determine the place of residence of children, including a court decision to determine the place of residence of children for the period before the court decision to determine their place of residence, failure to comply with a court decision on the procedure for exercising parental rights or on the procedure for exercising parental rights for the period before the court decision enters into legal force, or otherwise preventing parents from exercising their rights to raise and educate children and to protect their rights and interests, -
shall entail the imposition of an administrative fine in the amount of two thousand to three thousand rubles.
3. Repeated commission of an administrative offense provided for in Part 2 of this article within a year -
shall entail the imposition of an administrative fine in the amount of four thousand to five thousand rubles or administrative arrest for a term of up to five days."
If these measures do not work on you, there will be a trial on the grandmother’s claim to determine the order of her meetings with the child. Because there are no grounds for limiting the grandmother’s rights, then the court will establish a certain schedule of meetings, which you will be required to comply with. In case of non-compliance with the court decision, the same Code of Administrative Offenses - either the same 5.35 or 17.15:
Failure to comply with non-property requirements contained in the executive document
(introduced by Federal Law dated October 2, 2007 N 225-FZ)
1. Failure by the debtor to fulfill the non-property requirements contained in the executive document within the period established by the bailiff after the issuance of a decision to collect the enforcement fee -
(as amended by Federal Law dated April 21, 2011 N 71-FZ)
shall entail the imposition of an administrative fine on citizens in the amount of one thousand to two thousand five hundred rubles; for officials - from ten thousand to twenty thousand rubles; for legal entities - from thirty thousand to fifty thousand rubles.
2. Failure by the debtor to fulfill the requirements of a non-property nature contained in the executive document within the period newly established by the bailiff after the imposition of an administrative fine -
shall entail the imposition of an administrative fine on citizens in the amount of two thousand to two thousand five hundred rubles; for officials - from fifteen thousand to twenty thousand rubles; for legal entities - from fifty thousand to seventy thousand rubles.
The Family Code of the Russian Federation establishes that the child’s relatives, in particular grandparents, have the right to communicate with him.
But often the situation develops in such a way that parents, or one of the parents, forbid the child to meet with his grandparents and other people close to him.
What to do if a grandmother is not allowed to communicate with her grandson?
There are several options for solving the problem. You can contact the guardianship authorities, who are obliged to take certain measures, namely, inform the parents that they are violating the law and restricting the child’s rights to communicate is unacceptable. You can also go directly to court with a claim to determine the order of communication with your grandchildren. The latter option is more preferable because it has the power provided by state resources. For example, if a decision made by a court is not executed voluntarily, then bailiffs can take up the issue. And employees of the guardianship authorities or qualified lawyers specializing in family law issues can help the grandmother in Moscow draw up a statement on the procedure for communicating with the child.
Features of the grandmother’s statement on the procedure for communicating with her grandson
The claim is filed based on the general rules of jurisdiction, that is, at the place of residence of the person who is preventing communication with the child - at the place of residence of the negligent parent. There is no state fee for filing a claim - as stated, having the opportunity to spend time with family members is a child’s right. The state does not charge money for filing an application in defense of such a right.
An important point: imagine that both the grandmother and the child want to see each other, communicate with each other, spend a certain, fairly large amount of time together. At the same time, the grandmother is retired, that is, she has a lot of free time, and her grandson, for example, goes to school and attends the swimming section. In this situation, the court will certainly allow the grandmother and grandson to spend time together, but the court will have to take into account the child's busy schedule when determining at what time the contact will take place and for how long. That is, the rights of the child are placed higher by the courts than the rights of grandmothers and other relatives.
Consequences of failure to comply with a court decision on the procedure for communication
Parents who decide to limit their child’s communication with relatives can be advised to abandon this stupid idea. That relative who really strongly desires to communicate with the child will find a legal way to achieve communication. Through the guardianship authorities, through the court, through bailiffs. It makes more sense to agree on everything peacefully. By concluding, as a last resort, an agreement that would stipulate the schedule of meetings with the child and establish the procedure or procedure for its termination.
- Do not forget that administrative liability is provided for illegal restriction of a child’s rights. By not allowing a child to see relatives once, you can receive a not very large, but unpleasant fine. If restrictions on rights continue to occur, parents risk being arrested for up to 15 days.
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