Upon cancellation by spouses of marriage or at separate accommodation of officially not divorced spouses they quite often have a question of definition of the residence of the minor child. Judgments usually define in such disputes cohabitation of the child with mother. But sometimes fathers take children to themselves at once and live together with them, both parents have the equal rights and duties concerning the child. At the same time the loving mother also wishes to live together with the kid. In such cases the woman asks a question how to seize the child from the husband.
Instruction
1. Consider at the address court with the claim for definition of the residence of the child the fact that judicial bodies at decision are guided only by the interests of the child and from the 10th summer age consider his opinion on desire of accommodation with any given parent, but not ambitions or desires of his parents. Such factors as age of the child are considered; his affection for each of parents, the sisters and brothers; moral and other qualities of parents; a possibility of each of parents to create appropriate conditions for his development and education for the child; relations between parents and child; and also other factors which can be taken court into account, proceeding from features of any given business.
2. Address to tutorship and guardianship authorities at the place of residence of the child, that is that area or the municipal unit in which the kid together with the father lives. Guardianship authorities will be anyway attracted with court as the third party so will be the best for you if the staff of this institution accepts your party and will advocate your interests together with you.
3. Provide characteristics from the place of the work and residence. Let these documents as it is possible most in detail show you as worker, describing not only business qualities, but also moral shape and also your communication with neighbors, participation in public life of the yard and other "trifles" which in the set would characterize you as the wonderful person and careful mother.
4. Invite staff of bodies of guardianship and guardianship to carry out survey of living conditions in your apartment though they also will have to make this document, but it is better if you show an initiative in this question.
5. Take active part in all moments concerning collecting documents for the solution of a question of giving in court of the claim.
6. Do not show feeling of false bashfulness and attract witnesses to proof of own priority right for accommodation of the child with you. It can be tutors from kindergarten or the teacher from school which is attended by your offspring; neighbors in the house; teachers of circles of out-of-school education who visit yours the daughter or the son; parents of friends of your child. All these people will give evidences in court how the child develops as communicates with peers and adults, about his attitude towards each parent and preferences of communication with one of them (if those to them spoke), about its ukhozhennost and other data necessary for court
7. Take care also of that in court also those citizens who have data on the negative facts (if those took place) treatment of the father of the child were invited. Except testimony in similar cases it is necessary to provide also the documents confirming it: references from emergency station, the conclusion of the children's psychologist and others.
8. You should not despair if the financial position of the father of the child surpasses your financial position. This fact does not give it advantage before you. At making decision on definition of the residence of the child the court considers this circumstance only in total with others.
9. Surely be present at each court session whatever difficult it was of you as your absence at the solution of so important question can be regarded by court as indifference to the fate of the kid. If circumstances really objective (a serious illness and to that similar), then try to inform on it court in advance or to send to court session for maintenance of your claim and representation you in court of the lawyer, having transferred it the right to represent your interests in judicial bodies.