IN MYTISCHI CITY COURT OF THE MOSCOW REGION Plaintiff: S.N.A. Vidnoye, st. Shkolnaya, 98, apt. 206 Representative of the Plaintiff: lawyer Khoruzhenko A.S. Legal bureau "Moscow legal" Moscow, st. Maroseyka, 2/15 tel Defendant: S.K.R. Mytishchi, Moscow region, Yubileynaya st., 67, apt. 131 Representative of the Plaintiff: Sh.P.V.

3rd person: Department of Guardianship and Trusteeship of the Ministry of Education of the Moscow Region for the Mytishchi Municipal District

COUNTERCLAIMS

on determining the place of residence of children when parents live separately, collecting alimony for the maintenance of minor children

S.K.R. claims were filed against S.N.A. on determining the place of residence of minor children S.G.K., born 12/20/20__, and S.A.K., born 03/13/20__ Disagreeing with the claims, the party S.N.A. in accordance with the requirements of Art. Art. 137, 138 of the Code of Civil Procedure of the Russian Federation declares a counterclaim.

Currently, minor children live with their father at the address: Mytishchi, Moscow Region, Yubileinaya St., 67, apt. 131. The parties live separately. Plaintiff – S.N.A. lives at the address: Vidnoye, Shkolnaya St., 98, apt. 206.

S.N.A. has a permanent place of residence, a permanent place of work as a nurse in the pediatric department of the Vidnovskaya city clinic, has a constant income necessary to create normal conditions for the development of the child. The mother, S.R.D., lives with the Plaintiff and has 25 years of teaching experience. The plaintiff, as an employee of a medical institution, has preferential treatment when placing his children in preschool and school institutions. Thus, the financial and living situation of S.N.A. allows you to ensure the upbringing and maintenance of the child, there are all the necessary conditions for his development.

If the children are transferred to the mother, the Plaintiff also has the right to claim child support from the Defendant - S.K.R. to ensure their normal maintenance. The interests of the children require them to live together with their mother.

The plaintiff also incurred expenses for the services of a representative in the amount of 20__0 rubles, as well as payment of the state fee. In accordance with Art. 98 of the Code of Civil Procedure of the Russian Federation, to the party in whose favor the court decision was made, the court has the right to reimburse the other party for all legal expenses incurred in the case.

Based on the above, guided by the requirements of Articles 57,65,80-81 of the RF IC of the resolution of the Plenum of the RF Armed Forces “On the application of legislation by courts in resolving disputes related to the upbringing of children”, Art. Art. 98, 137,138 Code of Civil Procedure of the Russian Federation,

Example of a claim to determine a child’s place of residence

In the _________ district court of the city __________ ____________________________

Plaintiff: ____________________________ Address: ____________________________

Defendant: ____________________________ Address: ____________________________

Third party: Guardianship and trusteeship authorities of the district “________” of the city ________ Address: ____________________________

STATEMENT OF CLAIM to determine the place of residence of a minor child

I am the Plaintiff, _______________________, I am the father of a minor ________________________, born _________, which is confirmed by the birth certificate series II-MU number ________, issued by the __________ department of the Civil Registry Office of the Civil Registry Office of the city _______ ________. The mother of _________ is the defendant, ____________, with whom I was in a marriage that was dissolved on _________.

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After the termination of marital relations between me and the defendant, our common minor child remained to live with me and still lives with me. The defendant has repeatedly expressed a desire to take the child, which I do not agree with; we are unable to reach an agreement on determining the place of residence of our common minor child.

I am against the child living with the defendant, since children at that age need attention, care and affection from their parents, which the defendant cannot properly provide. All issues related to ensuring adequate nutrition and personal hygiene of the child have always been and are under my responsibility. I work for the company ________________, position: ________, average monthly income: ______ rubles. I have a residential premises for use, located at the address: _______________________, where I am registered. This room meets sanitary requirements; there is a real opportunity for a comfortable stay for a minor child. I live in an ecologically clean area with developed infrastructure (near the house is a clinic, kindergarten, school.). My family members lead a healthy lifestyle (no one smokes or abuses alcohol.). Living with me will contribute to the safe and comfortable development of the child, rather than living with the mother.

Article 38 of the Constitution of the Russian Federation states: . Motherhood and childhood, the family are under state protection. ".

According to Art. 54 of the RF IC, a child is a person who has not reached the age of eighteen years (the age of majority). Every child has the right to live and be raised in a family, as far as possible, the right to know his parents, the right to be cared for by them, and the right to live together with them, except in cases where this is contrary to his interests.

A child has the right to be raised by his parents, to ensure his interests, comprehensive development, and respect for his human dignity.

Clause 1 of Art. 61 of the RF IC provides that parents have equal rights and bear equal responsibilities in relation to their children (parental rights). Parents have a priority right to raise their children over all other persons.

According to Art. 63 of the RF IC, parents have the right and obligation to raise their children. Parents are responsible for the upbringing and development of their children. They are obliged to take care of the health, physical, mental, spiritual and moral development of their children.

By virtue of Art. 65 of the RF IC, parental rights cannot be exercised in conflict with the interests of children. Ensuring the interests of children should be the main concern of their parents.

All issues related to the upbringing and education of children are resolved by parents by mutual consent based on the interests of the children and taking into account the opinions of the children. Parents (one of them), if there are disagreements between them, have the right to apply for resolution of these disagreements to the guardianship and trusteeship authority or to the court.

In accordance with paragraph 3 of Art. 65 of the RF IC, the place of residence of children when parents live separately is established by agreement of the parents. In the absence of an agreement, the dispute between the parents is resolved by the court based on the interests of the children and taking into account the opinions of the children. In this case, the court takes into account the child’s attachment to each of the parents, brothers and sisters, the child’s age, moral and other personal qualities of the parents, the relationship existing between each parent and the child, the possibility of creating conditions for the child’s upbringing and development (occupation, work schedule of the parents , financial and marital status of parents, etc.).

I wish that the child is raised and kept in favorable conditions that contribute to his worthy development in society as an individual. I can create the most favorable development conditions for him. I draw the court’s attention to the fact that between me and _______ a very warm, affectionate relationship has developed, typical of a father and son, and leaving the child in the defendant’s care can have a negative impact on the psychological, physical health and inner world of the child. Due to the fact that we are unable to reach an agreement on the place of residence of our common minor child, I am forced to go to court with this claim.

Based on the above, guided by Art. Art. 61, 62, 63, 65, 66 of the Family Code of the Russian Federation,

1. Determine the place of residence of the minor __________________, born ____________, with me, ______________.

APPENDIX: copy of this statement of claim - 2 copies; a copy of the divorce certificate - 3 copies; copy of birth certificate - 3 copies; copy of the reference from the plaintiff’s place of work - 3 copies; a copy of the plaintiff’s income certificate - 3 copies; a copy of an extract from the house register - 3 copies; receipt of payment of state duty.

"__" ____________ G. _________/______________/

ASK:

1. Determine the place of residence of minor children: S.G.K., born 12/20/20__, and S.A.K., born 03/13/20__. Place of residence of the Plaintiff – S.N.A. – at the address: Vidnoye, Shkolnaya St., 82, apt. 206 and oblige the Defendant S.K.R. transfer them to be raised by the Plaintiff.
2. To collect from the Defendant – S.K.R. funds spent on payment for the services of a representative in the amount of 20__0 rubles. and funds spent on paying the state duty in the amount of 400 rubles.
3. To collect from the Defendant – S.K.R. alimony for the maintenance of minor children in the amount of 33% of total income from the moment the claim is filed until the children reach adulthood, in a fixed amount according to income - 20__0 rubles.

1. Please notify the legal bureau “Moscow Legal” of the date and time of the court hearing, Moscow, st. Maroseyka, 2/15,

Statement of claim to determine the child’s place of residence

When deciding to file a claim in court to determine the child’s place of residence, it is important to be guided by the principle of creating the most favorable conditions for the child. Often such claims are driven by the personal wishes of the parent living separately, but such a position will most likely not find understanding with the court.

In order to correctly prepare such a claim, careful preparation and submission to the court of a number of mandatory documents is required, confirming that the residence of this particular parent will allow the child to feel as comfortable as possible and will ensure the protection of his rights and the freedom to exercise them. As a general rule, it is considered that parents are able to independently agree on the child’s place of residence.

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A parent living separately has the right to establish the procedure for participation in the upbringing of the child, by agreement or through the court (see - statement of claim for participation in the upbringing of the child), the second parent, in case of violation of this order, can also contact the police, guardianship and trusteeship authorities for return him a child. The issue of a child living with one of the parents, if an agreement cannot be reached, will be decided by the court.

Statement of claim to determine the child’s place of residence

How to draw up a statement of claim to determine the place of residence of a child with his father

The application has a traditional structure. The claim is sent to the district court at the defendant’s place of residence, and only in writing.

The claim must include the following information:

1. Full name of the court to which the application is being filed.
2. Indication of personal information of the plaintiff and defendant.
3. The information part of the claim, which indicates the essence of the problem.
4. Indication of specific laws and articles that the plaintiff was guided by when drawing up the application.
5. Basic requirements of the statement of claim.
6. List of additions attached to the claim.
7. Plaintiff's signature.

Of course, the correctness and clarity of drawing up a claim plays a significant role during the consideration of the case. Therefore, we strongly recommend entrusting this task to the specialists of the law firm Pravo Group and enlisting their support at all stages of solving your problem!

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Features of drawing up a statement of claim to determine the place of residence of a child with his father

The key factor that needs to be taken into account when drawing up a claim is the interest of the child himself. That is, you will need to thoroughly prove why the child will live better with you than with the other parent. In this case, a variety of evidence can be used:

• Financial security of each parent;
• His characteristics, both from close people and from neighbors, other surroundings;
• To which parent is the child more attached?
• Housing and living conditions that the parties to the dispute can provide to the child.

At the same time, the court itself will carefully analyze the information, as well as evaluate the moral character of the parents - mother and father and determine the place of residence of the child with the father. The outcome of the case depends on how you present yourself in court. That is why we recommend turning to specialists in this matter - lawyers from Pravo Group.

If the child is over 10 years old, the court will definitely take into account his own preferences, which parent he wants to live with more - with his mother or with his father!