After the divorce of spouses the children who did not reach majority in most cases remain with mother. Sometimes mother movable by offense at the former spouse or care of safety of the child interferes with communication of the son or daughter with father – forbids them to see, spend together time and even to speak by phone. Nevertheless, except equal obligations for education and keeping of the general children after the divorce, the former spouses have also the equal rights in relation to them.
Pre-judicial settlement of an order of communication with the child
For a start try to agree peacefully. Try to explain to the former spouse that you want to take part in education of the child and do not do harm to his physical and mental health. If at a divorce by a court decision or under the voluntary agreement the order of payment of alimony was not established, discuss it with the child's mother – your readiness to undertake necessary expenses will serve as additional confirmation of gravity of your intentions. If the former spouse agrees with your arguments, you can conclude the written voluntary agreement establishing an order of your communication with the child.
If it was not succeeded to agree with the former spouse, you can appeal to tutorship and guardianship authorities about rendering assistance in realization of the parental rights and duties.
Appeal to the court
If attempts to solve a dispute in a pre-judicial order did not result in desirable result, it is necessary to appeal to district court at the place of residence of mother of the child. It will be required to write the statement of claim about definition of an order of communication with the child. Do not forget to provide at submission of the statement of claim the receipt confirming payment of the state fee, the copy of divorce certificates and about the child's birth and also any other documents which can serve as confirmation of the facts specified in the claim: - characteristic from work and from the residence; - certificate of income; - the reference from psychoneurological and narcological clinics, confirming that you do not stay on the registry; - certificate of lack of criminal record; - documentary confirmations of payment of alimony. It will be required to specify in the statement, how exactly the former spouse interferes with your communication with the child who can confirm the facts stated in the claim. School teachers or kindergarten teachers, close relatives can give evidences. Also in the statement of claim the order of communication with the child which you consider acceptable has to be described: place of communication, frequency of meetings and their duration. If earlier you addressed to tutorship and guardianship authorities, attach copies of your address and the made decision. Guardianship authorities can be also attracted as the third party. After a judgement is passed, your former spouse will be obliged to act according to it. If and after that she continues to interfere with your meetings with the child, you can appeal to court again, having demanded issue of the court order – then bailiffs will help to provide implementation of the judgment forcibly. Also measures of administrative influence (penalty or administrative detention) or measures of family and legal responsibility, including deprivation of the parental rights can be taken against it.