Is divorce possible without the wife's consent if there are small children?

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Act three

- working with a psychologist in such a situation is necessary, because it is important for a woman to start, of course, with herself, with increasing her confidence, self-belief, faith and search for her strengths, if she has decided to divorce and intends to go to the result! This is the most important step in the divorce process.

If the father really decides to make an attempt to take the child, then it will definitely not be during the divorce process. This is a separate lawsuit in court, where the father will prove that he is, figuratively speaking, “better than the mother” and if he proves it, then yes, there is a possibility that the child will remain with the father.

The husband takes the child - what to do?

The best way out for a mother in such a situation would be to take into account the opinion of a child over 10 years old. Indeed, in this case, it may be possible to maintain a good relationship with him. Otherwise, the situation will reach the point of absurdity and the child will simply run away to his father. Consequently, parents will have to reconsider in court the issue related to the child’s place of residence.

In fact, this will already constitute the abduction of a child, but cannot be qualified under Art. 126 of the Criminal Code of the Russian Federation. The reason is the lack of selfish intent in the actions of the father who takes away his child. After all, the parent believes that he is acting in the interests of the child. Moreover, the age of a young person is of secondary importance, since for persons under 10 years old. Art. 57 of the RF IC is not applicable, and for persons older than this age, the article contains a reference to “taken into account” and is countered “if this does not contradict his interests.” Such an interesting Article 57 of the Family Code essentially gives equal opportunities to both mother and father (as well as the court and guardianship authorities) to arbitrarily interpret the situation and the child’s opinion about it.

What to do if your husband threatens to take away your children

The law equally enshrines the rights and responsibilities of parents in raising a child (Article 80 of the RF IC). The father can take the baby from the mother if he proves:

that the woman does not care about the child, the baby is not well-groomed, hungry and dirty;
the wife’s immoral lifestyle - drinks, uses drugs, leads a dissolute life, does not work anywhere;
the wife beats the child, throws him out onto the street, and forces him to beg.

This provides grounds for depriving the mother of parental rights.

There are other circumstances that may force the court to place the baby with the father:

mother works in shifts, daily;
work involves traveling;
living conditions do not make it possible to place the child with the mother;
the woman is unbalanced, prone to hysteria;
the child categorically refuses to stay with his mother.

Based on the interests of the child and protecting them, the court will take into account all the pros and cons and render its verdict.

The worst thing is if life has turned into hell, and the husband does not give a divorce, threatening to take the child for himself.

And he will be guided only by the interests of minor offspring when determining with whom it would be better for them to live (Clause 3 of Article 65 of the RF IC). If the child is over 10 years old, he will also be asked where and with whom he prefers to live.

According to statistics, after a divorce, only 7-10% of cases of children are left to their father.

The husband’s threats to take away the baby are nothing more than an attempt at manipulation; here the child is used as a tool of pressure on the wife. Even if we imagine that the father took the child for himself, he will not have enough time or patience for everything that needs to be done.

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To ensure a normal existence for the offspring, you need to: wash, iron, learn homework, buy groceries and cook healthy and at the same time tasty food (not pizza and dumplings with fried eggs).

In addition, the court will examine the personal qualities of the mother and father, and no one will take away children from a woman leading a normal life without reason. This is only possible if the mother is deprived of her rights in relation to the child.

Demanding that the child be taken away from the mother, the father is most likely guided not by the interests of his son or daughter, but by a feeling of revenge, a desire to hurt his ex as much as possible.

When the situation is tense to the limit, a woman must pull herself together and remain calm and sane, so as not to give reason to doubt her moral health. The husband is just waiting for his wife to:

will cause a scandal;
will start hysterical, will cry;
will get into a fight.

If you show aggression and let go, you should immediately call the police and call law enforcement officials.

In this case, it is necessary to ensure the presence of witnesses - a neighbor, friends who can confirm in court that the incident and assault took place.

You should try to talk to the baby’s father again and find out what he really wants. At the same time, it would be useful to remember that the man, the father of your child, has the right to see him, and if the child is over 5 years old, then to take him on a day off. By preventing communication, the woman herself is on the verge of breaking the law.

This will be a test for the spouse and an opportunity to see how he will behave. At the same time, you cannot get into trouble, you must always remember: the child and him too, he has the right to know how the baby feels, what his progress is in school, in sports, etc.

Any violation of the rights of a child by the husband - cruelty, beating - must be recorded by the police by calling a squad to the house.

If the husband is partial to alcohol or is a drug addict, then these facts should also be documented at least in the protocol of the district police officer. All these measures will help in court so that the child remains with his mother.

Despite the court's decision, the ex-husband may decide to take the offspring from the mother. Having realized that her husband took the baby without consent, the woman must:

find out from the guardianship authorities whether the father agreed with them on his intention;
immediately run to the police and file a report of kidnapping.

You need to fight for your child using legal methods, because if there is a court decision and it is determined that the offspring will live with his mother, and the father will come and communicate, then it turns out that it is he, the father, who has broken the law.

In cases where it is not clear where the father hid the baby, it is necessary to ensure that the child is put on the wanted list. The PLO should be notified of the incident in writing.

There is only one way out - to negotiate amicably with dad and let the baby go for the weekend, even if you really don’t want to. If you can’t decide on a schedule for meetings, it’s worth trying to involve PLO workers. And if the court approved this communication, then all you have to do is follow the court’s decision.

Children usually love both mom and dad and want to see both of them. Since it so happened that the relationship did not work out, then you need to try not to poison the life of the cub even more by tearing it into two parts.

The father took the child and does not give it to the mother, what should I do? Lawyer's answers

Current legislation provides that parents equally have the right to raise their children, take care of their health, physical, mental, spiritual and moral development. As a result, such behavior is completely lawful and it will not be possible to hold the spouse accountable or influence the spouse in any way, except when there is a possible threat to the life or health of a minor.

“The communication routine is the schedule for seeing the child. The specified schedule is prescribed in sufficient detail in the court decision, since it indicates the time and frequency when the father can see the child, whether he has the right to take him away overnight or to see him only in the presence of the mother, so it is quite difficult to prescribe these requirements without involving a lawyer.”

Documents that will be required in court

If a husband wants to take the children after a divorce, he must prepare very seriously for the court hearing. The main thing is to collect, prepare and provide the necessary documentation. Its presence will significantly increase the chances of success. What documents are needed:

Statement of claim if the husband is the initiator of the divorce procedure. It must indicate your desire to take the child and the reasons why the court should take your side.
Documents indicating the income level of the former spouses.
Acts of inspection of the living conditions of both husband and wife.
Medical documents confirming that the wife has problems with alcohol, drugs, severe mental and other illnesses. Similar certificates documenting the fact that the husband has no such problems.
Documents from other competent authorities, which record facts of the wife’s behavior that threaten the well-being and health of the child.
Characteristics from the place of work and place of residence, both father and mother.
Documents confirming the father’s ability to successfully raise minors (education, training courses, past parenting experience, etc.).

The husband must have all the conditions for the normal upbringing of the child

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It is worth knowing that the court will make a decision based on the entire complex of facts, data and circumstances, both positive and negative. The husband must have all the conditions for the normal raising of a child (stable and high income, excellent living conditions), and must also have an impeccable positive reputation if he wants to count on success.

When preparing for trial, it is worth trying to collect as much information as possible to prove that the child’s presence with his mother will cause harm to the latter and pose a danger to his development and life. The data presented to the court must be reliable and official; dubious and false facts cannot be used, as this will lead to negative consequences.

Detective agency gives advice to mothers in the war for children

As in martial arts, the war for a child has its own weight categories. We are talking about the thickness of parental wallets. Disputes over a child's place of residence are rarely started by ordinary workers. A man with average earnings will quite agree to the role of “Sunday dad”, provided that the mother is completely adequate. As a rule, militant fathers have a powerful financial and administrative resource behind them. Your ex-spouse probably has the ability to hire the best lawyers, detectives, journalists and other necessary people. Such a father can easily bribe the police, guardianship authorities, not to mention the nanny or the child’s class teacher. It will not be difficult for him to annoy your loved ones, destroy your business, ruin your career, even hire hooligans to intimidate you. Understand: a financial resource in the war for a child is no longer just money. These are the cartridges that your ex-husband will not regret for you.

Most of the women who contact us share the same mistake. At first, they did not attach much importance to the ex-husband’s attempts to get a child. Mothers usually reason like this: “I am mentally healthy, not an alcoholic, not a drug addict. Who would dare take my child away from me?” According to the logic of these women, circumstances are in their favor - which means there is no need to spend money on a lawyer or go to court. But believe me, you should not underestimate your opponent and rely on Themis’s tradition of taking the woman’s side. Many mothers got burned because of this. Even a court decision made in your favor and entered into force is not yet a reason to relax. The ex-husband can simply violate this very decision by taking the child for himself without asking and then, for example, taking him abroad. And for this he will get practically nothing.

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What to do if one of the spouses took the child away

The woman is holding in her hands a thick folder with dozens of bureaucratic formalities: extracts from the court, appeals to the prosecutor's office, letters to the State Duma. She received answers from deputies that this issue was not within their competence. Ulyana many times went to her husband’s work in the department for combating extremism and terrorism in Tomsk, talked with her ex-husband’s superiors, but they shrugged their shoulders. There was nothing they could do to help Ulyana in her care either. She appealed to the Commissioner for Children's Rights and Human Rights. I wrote to the prosecutor's office of the Tomsk region and went to the prosecutor general's office in Moscow.

The ex-husband sent us screenshots to the editor, where allegedly Ulyana demands 50 thousand rubles from Andrey and then Katya will stay with him. According to Ulyana, she did not write these messages on WhatsApp and calls them fake, just like her profile on the website of intimate services. According to lawyers, the court does not accept such screenshots as evidence. Finding out who sent the messages is quite simple - for this, the court orders a technical examination of the phone.

May 14, 2021 polrostov 44

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NEW LEVEL

2. The same clinical manifestations of acute respiratory infection (body temperature above 37.5°C and one or more signs: cough, shortness of breath, feeling of chest congestion, blood oxygen saturation according to pulse oximetry (SpO2) 94%, sore throat, runny nose, decreased sense of smell and taste, signs of conjunctivitis) in the presence of at least one of the epidemiological signs:

There is already a large body of evidence about the benefits of maintaining mother-child contact and breastfeeding when diagnosed with coronavirus, however, Russian maternity hospitals practice separation of mother and child even if a coronavirus infection is suspected. Unfortunately, this practice can lead to the end of breastfeeding, disruption of the formation of child-parent bonds, and put the health and emotional state of the mother and newborn at risk. WHO recommends maintaining contact with the baby and breastfeeding. What to do if the mother wants and is able for health reasons to stay with the baby, but the doctors insist on separation?

9) What to do and what to do? A friend has two children, the father took one child, 12 years old, the child does not attend school, does not give it to his mother, the father has all the documents, and does not allow him to file a divorce. Mom has a living space of 13 sq. m. What actions should the mother take first? Thank you.

7) After the divorce, the child remained with the mother, the father regularly pays child support. Quite by chance we learned that the child was being sent to temporary shelters, and the mother also turned to help groups where they provided free clothes and food. The father has zero opportunity to see the child, since the distance is very large and the mother’s residence is unknown. The child is not sent on vacation. Can a father take the child into his own care? What do you need to do for this?

How I returned a child stolen by his father

Counterclaim. I filed objections to the original claim and my own counterclaim - they were combined into one case. Since at the time of filing the claim, the child lived with his father, I asked to determine where my daughter would live with me and to transfer her to me for upbringing. If the final decision and writ of execution do not contain this phrase, the bailiffs will not be able to take the child away from the parent who lost the court case.

At the clinic you can get a certificate stating that the mother came to the appointments without signs of alcohol intoxication, and a copy of the child’s medical record - there are consents or refusals from vaccination signed by the parent. I also took a certificate from a private dentist, whom I went to myself and took my daughter to.

At a preliminary hearing, at the request of one of the parents, the judge can determine where the child will live before making a decision. To do this, the court will take into account the opinions of the child and the guardianship authorities. If the move will prevent the child from going to school or kindergarten, then at least until the completion of the proceedings, the child will remain with the parent with whom he already lives.

The court decided with whom the six common children would live. I took into account that the mother has a four-room apartment, and the children’s father has no housing and no job, but has three children in a new marriage. The court checked the characteristics of children from school and kindergarten - all teachers confirmed that the children were happy, neat and kind. The guardianship authorities sided with the mother, and the court left the children with her. But the court also referred to the mother’s permanent income, which consists of 72% from the pension of a disabled child and another 22% from payments for a parent with many children. If the children were handed over to the father, this money would go to him.

A difficult moral atmosphere in the house (guardianship officials find out whether there are other adults in each parent’s house and what their character and habits are, and also determine how the mother and father behave at home with the child).
Lack of children's products, things and toys.
The area of an apartment or house per person is less than the minimum living space standard established by the law of the region of the Russian Federation.
Lack of water, light, heating and other amenities.
Lack of space to sleep and study.

A cap. It includes information about both parents (data from the passport, registration and contact information), as well as the place and locality of the conclusion of the contract.
Title, for example; Agreement on children; Agreement on the place of residence of children and the procedure for their upbringing; etc.
Subject of the agreement. It includes the following information:
Place of residence of the minor.
How will a mother living separately raise a minor?
Will the mother communicate with her offspring, for what amount of time and on what days?
The amount and frequency of payment of alimony (an optional item, since the law allows for the conclusion of a separate notarized alimony agreement).

Additional terms and conditions. These include:
The period for which the agreement is concluded. If it is not specified, then by default the contract is valid until the child reaches adulthood.
The procedure to be followed by a party wishing to challenge the clauses of the agreement.
Autographs of each party to the agreement with a transcript.

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Trial

If an agreement cannot be drawn up, the husband must carefully prepare for the trial. The court may satisfy the father's request in situations where:

a woman does not fulfill her maternal obligations due to her problems with alcohol, drugs, mental or other serious illnesses and complications. If these circumstances exist, the father provides the court with medical and other documents that confirm the fact that the mother has problems that do not allow her to fully ensure the interests of her son (daughter) after the divorce. It is worth resorting to the testimony of acquaintances, relatives and neighbors who will confirm that the ex-wife has problems. The father may indicate such facts as the reason for divorce in the statement of claim if he initiates the divorce process;
the wife cannot fully provide normal living and upbringing of the children due to the lack of sufficient financial resources or a very high workload. These factors may have a lesser impact on the court’s decision, but if present, they should be used as additional evidence of the importance of a son (daughter) being close to his father;
The ex-wife’s lifestyle is harmful and dangerous for the child. Such a circumstance can influence the court's decision only if the mother really leads an antisocial lifestyle and there are a large number of facts proving this circumstance.

Free legal assistance - the father does not give the child to the mother: what to do

Good day, according to the law, parents have the same rights to the child, in order to solve your friend’s problem, you need to apply to the court with an application to determine the child’s place of residence and meetings with him, such issues are resolved only by the court, I wish good luck to your friend and you, I will be grateful thank you for rating the answer

Hello. I have the following question: one girl got married, a girl was born from the marriage. When the girl is 2 years old, her parents divorced and the father does not give his daughter to his mother, he says that there is no living space. And the mother herself rents an apartment with a friend)) The mother works as a dentist in a hospital)) work experience is 2 years)) until this time the mother saw her child regularly) but in recent months the child’s father does not want to show his daughter to the mother at all. Does the father of the child have the right to do this? What should be done to return the child to the mother? Thanks in advance) Where should I go with this problem?

What to do if the husband took the child and does not give it back

Good afternoon, I’m filing for divorce from my husband, I’m now moving in with my parents, my husband took the child and won’t give him back, he threatens that if I take him away everyone will be in trouble, how should I deal with this situation, I’m worried about my 2.5 year old daughter, what should I do, does he have the right not to give me my daughter, she is registered with me.

You urgently need to apply to the court for a divorce and to establish the child’s place of residence, of course, with you. In the meantime, contact the guardianship with a request to help conclude a pre-trial agreement with your husband on the child’s residence with you. The girl is still very small, they should help you.

A guardian or trustee is appointed by the guardianship and trusteeship body with his consent or upon his application in writing at the place of residence of the person who needs to establish guardianship or trusteeship over him, within a month from the moment when the said body became aware of the need to establish guardianship or trusteeship over him. with such a face. At the same time, among many factors, the child’s opinion is also taken into account, provided that he has reached the age of 10.

In September 2013, my ex-wife died. There are two girls left, the youngest of whom is ours together. Daughter is 9 years old. The grandmother, the wife's mother, took custody of the eldest girl, because... her father died. They are inciting my daughter against me in every possible way. The guardianship said that I could take my daughter with the police. But I don’t want to injure the child. I tried to talk to my grandmother, but to no avail. Guardianship doesn't help either. Please tell me the solution to the problem.

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Husband wants to take the child after divorce

Cases of divorce of spouses are very frequent and the reasons are different. Filing for divorce is part of the deal. After the end of a marriage, the question logically arises - what to do with joint property and children. It is best to reach an amicable agreement, but most often the spouses divide both property and children. Divorce and a child - here a problem arises - with whom should the child live?

Because men by nature are burdened with pride and if a woman leaves the family, then in his understanding, she does not recognize his achievements and does not appreciate him, which deeply offends him. A man cannot forgive this. This situation is very dangerous. If there is money and great resentment, a man is capable of extreme measures. He can even commit a crime and steal a child from his mother, beat her, and persecute her. In court, such men hire the best family lawyers and use all the services of a lawyer in court to deprive the woman of everything.

If it has become obvious that the ex-husband has firmly decided to take the child, and an agreement cannot be reached, dig trenches. We will have to live in a state of siege for some time. It is nervous and difficult, but there is simply no other way. “In this case, it’s good to go somewhere with your child until the court makes a decision in your favor.” If you move, change your mobile phone number. The new SIM card must not be registered to you. These SIM cards are regularly sold near the metro. Do not insert a new card into the old device, get a new one. Avoid planes and trains - travel by car. If you do fly to another country, buy tickets from foreign airlines with several transfers. It is best to fly from Minsk, which can be easily reached by car. — If you decide to stay in the country, write a statement to the Border Service of the FSB of Russia with a request to temporarily restrict your child from traveling abroad. During the acute phase of the confrontation, it is better to transfer the child to home schooling and abandon sections and clubs. Talk to the teachers, write a statement indicating all the persons who can pick up the child from the educational institution. Make sure that teachers have your phone number and let them call you in any alarming situation. — It is better for a child to go for a walk with his mother and a second accompanying person (preferably a man). Look around carefully, don't go too far from home. If you see suspicious people in the yard, it’s better to play it safe and return home. — Have a conversation with your child in advance about what to do in an emergency. Tell him about all the important phone numbers, addresses, and how to behave if he is taken away against his will. It would also be a good idea to provide your child with a miniature GPS tracker. — It is advisable to equip the entrance to the house and the space in front of the front door with video cameras. Don't skimp on high-quality equipment with good resolution and a DVR with sufficient memory. In case of illegal actions by the father or his assistants, this will allow you to collect valuable evidence.

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Surprisingly, many women, after their husband took away the child, stop the real fight for parental rights. Everything turns into the appearance of vigorous activity; this activity unfolds exclusively in the paper field. They write to whoever they can: courts, police, bailiffs, prosecutors, deputies. They even send their stories to the president himself on twenty pages. As expected, the response at best is only unsubscribes. Remember: paperwork alone (even with a good lawyer) will not help you get your child back. Stop flattering yourself with the hope that some general or high official will cry after your letter and send special forces to save the baby from his father’s captivity. Do not try to force the local police officer or bailiffs to work with papers (unless they are banknotes). There is no point in competing with the bureaucratic machine in paperwork. The system is still invincible in this genre. Over the years, officials have perfected their ability to avoid work. You are a burden and an extra headache for them.

The husband takes the child - what to do?

Often the court takes the mother’s side and gives the child to her in the event of a divorce. But not all men are ready to give in and take the child away by force. In this material we will discuss how to act when a husband takes a child, as well as when the help of a family law lawyer is required.

In this case, it is very difficult, since both parents have equal rights. There is no specific place of residence with one person, so they can live with both their father and mother. If the father tries and hires a good lawyer, then the court may decide the case in favor of the father if such a situation arises before the divorce.

NEW LEVEL

If there is a positive smear for Covid, mother and baby can be separated WITHOUT her consent by decision (WRITTEN) of a council of doctors (Parts 9 and 10 of Article 20 of Law 323-FZ). The reason is that the mother has a particularly dangerous disease that poses a danger to others. Since Covid-19 has been included in the list of especially dangerous diseases approved by the Government of the Russian Federation since January 31, 2020 (Government Decree No. 66 of January 31, 2020)

The grandmother took the child and will not give it back

what to do if the guardianship authorities become interested because of false accusations? I have a 4 month old baby whose grandmother took him and won’t give him back. She slandered that I drink and my husband and I are arguing. and wrote to the guardianship authorities. but this is only from her words. I convinced some of my neighbors to say the same thing. but I'm not a drinker. except that my husband and I can afford a bottle of beer once every two weeks and the house is clean and there is good food in the refrigerator. We can afford delicacies. He says he will be deprived of his parental rights. and arrange guardianship. is this possible? and what to do? What should I be guided by and how should I behave? how to pick up a child? and how long to wait for the commission’s result. what if they believe grandma and not me?

Hello Anna! In accordance with Art. 63 of the RF IC, parents have a priority right to raise their children. This means that parents have the right to take their child away from other persons temporarily raising him at any time. Moreover, they pick it up physically, come and take them away to live at their place of residence. If for some reason you are deprived of this opportunity, then you have the right to file a claim to take the child away from the grandmother and return him to his mother. One of the parents has the right to file a claim to determine the place of residence of minor children. A grandmother, grandfather or any other relative will be recognized as an improper plaintiff if he files a claim on his own behalf to determine the child’s place of residence after the divorce or separation of his parents. A dispute about determining the place of residence of a minor child is permissible only between the child’s parents in the event of their separation and is not permissible between the child’s parent, who by virtue of the law has a priority right to raise his child, and the child’s grandmother or other relative. If you do not take actions aimed at returning the child, over time your inaction will be directed against you and may be regarded as evasion of parental responsibilities, which, by virtue of Art. 69 of the Family Code of the Russian Federation is the basis for deprivation of parental rights. In the event of deprivation of parental rights (which happens only in extreme cases, if the parents cannot provide evidence of care for the child and his financial support), the child may be placed under guardianship.

22 Apr 2021 polrostov 280

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How if there is no divorce, leave the children with their mother

The daughter has two children, 5.5 and 9 years old daughters, she and her husband are getting divorced, she does not work anywhere, she is a former entrepreneur. The relationship between the parents stopped because he oppressed my daughter, he believed that she should serve him (he is Armenian by nationality) and that all their women obey only their husbands. My daughter got tired of all this, she came to live with me. He comes and takes the children. He asks her for forgiveness, says that he will improve, she believes him, only this year her granddaughter has changed schools for the third time. But patience is over. He is not correcting himself, his daughter is mean to divorce. There will be a trial on March 24, and he took his eldest granddaughter and turned her against her living with her mother, will not give her up, and threatens to take her to another city a thousand kilometers away. He understands that the court will be on his mother's side. Give advice on how to deal with this situation. If he takes his granddaughter away, then we won’t be able to pick her up a thousand kilometers away. And the child speaks in his father’s phrases. And in general, can he just take the child away before the divorce? Before her father’s trip, my granddaughter studied at our school in the third grade with straight A’s, she loved it here so much. And now he says that he hates this school and all of us. What to do, how to argue, please help me...

Svetlana Vasilievna. In order to prevent your daughter’s husband from taking the children out of the city, urgently file a claim to determine the children’s place of residence, collect alimony and a ban on leaving. I also advise you to contact the guardianship and trusteeship authorities so that they can make a conclusion that communication with the father has a detrimental effect on the mental, physical, etc. child's condition.

It is not necessary for a man to give you money in his hands. It is best if transfers are made to a card.
As for communication with the child, during the trial it is best to establish when a man can meet with the child.
It is worth establishing rules when a man can come to your home, or when you will take the child to him.

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Based on the severity of the injuries and aggravating circumstances, the woman can immediately contact the prosecutor’s office, providing a medical report on the beating and relevant confirmation. This can be done even after refusal to initiate a criminal case, thereby appealing the previously made decision.

Divorce through court.
Divorce through the registry office.
What papers will be needed for a divorce through the registry office.
Separation of children in divorce.
How to divorce your husband if you have children.
How to divorce your wife if you have a child.
Divorce if the child is under 1 year old.
Divorce of spouses with children under 3 years of age.
Divorce with two or more children.

You can get a divorce in the registry office if the spouses agree to this and they do not have common children who have not yet turned eighteen. Also, in the registry office you can get a divorce if the second spouse is recognized by the court as missing or incompetent, or has been in prison for more than three years.