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Father prevents his son from traveling abroad, how to change the surname without the consent of the father
It often happens that after parting, dad appears in the baby’s life only on weekends. But at the same time, she has just as many rights to influence the upbringing and development of the child as the mother.
Situations are different. Sometimes parents are categorically unable to come to an agreement even for the good of the child: everyone has their own ideas about what this good should be. healthy-food-near-me.com found several real stories and tried to understand them from the point of view of the letter of the law (and not the emotional component) with the help of an expert – lawyer, specialist in family law, David Bendeliani.
“He does not remember his son, but does not allow him to leave”
“My son and I have been living alone for a long time. Daddy rarely remembers him and only from my prompting. “Pleases” us with his visit to the two main holidays of the year – New Year and the birthday of his son.
And then all of a sudden, when I learned that my son and I were going to Prague, I stood up and fell asleep with questions: “What? How? When? How much? With whom? If you decide to leave for good, I won’t let you in, ”and slammed the door.
I wonder how he can stop us? I haven’t thought about permanent residence yet. I’m just going to see a friend for a month to try to work in her beauty salon. If I like it and succeed, then nothing prevents me from staying there. But I did not even think that someone could put a spoke in my wheels. Is it real – not to let us leave? “
The spouse has the right to file a statement of disagreement with the departure of a minor child from the Russian Federation to the territorial body of the FMS or the Ministry of Internal Affairs, and the child will not be released from the country. But the mother can try to resolve this dispute in court through civil proceedings.
“Threatens to court, demands to change the school”
“The son is in the third grade. He likes school, there are best friends among his classmates, he enjoys going to the basketball section, which is here, at school, led by his favorite physical education teacher. Of course, it never crossed our minds to change the educational institution. And then his dad, who had lived in another city for a long time, returned and decided to take an active part in his son’s school and social life. He campaigns for the cadet class and boxing every day. The boy no longer wants to meet with him, but he does not pay attention to his son’s discontent and continues to bend his line.
He ignores my requests not to get into our measured and rather happy life: he scares that he will take the case to court. He claims that he can, by a court decision, influence his son’s choice of schools and sections. “
All issues related to the upbringing and education of children are decided by the parents by their mutual consent, based on the interests of the children and taking into account the views of the children. If there are disagreements between the parents, the parent (one of them) has the right to apply to the guardianship or guardianship authority, as well as to the court. If the father goes to court with a statement, the court will proceed from the interests and preferences of the child.
He wants to decide everything himself, although he lives separately
“I don’t complain about material assistance from my ex-spouse. My daughter and I have enough for everything: for summer holidays, for children’s rooms, for birthdays, and for developmental activities. But there is one “but”: he constantly requires a report on what we spend money on – that’s okay, that’s okay. But he is always unhappy with my decisions.
“Why did they go to Anapa again, the sea is dirty there. I had to go to the Crimea. Next time I will buy a ticket myself “; “Why would she do these rhetoric classes, let it be better to go to dances. It will be more interesting for her there “; “Well, is this an elegant dress for a girl? Where are the ruffles, bows, laces? I will not give any more money for clothes. Buy it myself. “
And so in everything and always. I don’t want this money anymore. ”
The sums of money (alimony) are at the disposal of the parents, but are intended solely for the needs of the child. In this case, the father has the right to inquire about the expenditure of the alimony paid to him. In case of revealing the fact of irrational use of alimony payments, the father can apply to the PLO or to the court.
But can he demand that he be provided with a detailed report on the expenditure of alimony? No, the legislation does not provide him with such a right. Except when an agreement is drawn up between the spouses on the expenditure of alimony by the parent and a report on the costs of the child.
Well, divorce is an everyday matter. In grief and joy, until death do us part – this, unfortunately, does not always work. Therefore, it is important to be prepared for anything. healthy-food-near-me.com has prepared a memo for you so that you know for sure what rights a father can claim for a child in case of divorce.
Regardless of the place of residence, after the divorce, the father should not be deprived of his rights to the child, as well as be limited in them. It is unequivocally in the child’s best interest to maintain an even friendly relationship between the parents, so as not to cause mental trauma to the children. Regular meetings with the father will contribute to the formation of a socially healthy personality.
Nobody restricts the child’s father in his rights, but no one relieves him of his responsibilities for the maintenance and upbringing. Both are enshrined in the legislation of the Russian Federation, the Family Code of the Russian Federation.In addition, an agreement can be drawn up – it must be notarized in the presence of a representative of the guardianship and guardianship authorities, as well as on the basis of a judicial act (court decision). The father can:
1. Participate in the upbringing of the child.
2. Receive data on the child’s attendance at school, kindergarten, school preparation courses, as well as medical and other institutions.
3. To agree or not to leave the child outside the country (according to the Federal Law of August 15, 1996, No. 114-FZ “On the procedure for leaving the Russian Federation and entering the Russian Federation”).
If one of the parents, adoptive parents, guardians or trustees declares his disagreement with the departure of a minor citizen of the Russian Federation from the Russian Federation, the question of the possibility of his departure from Russia shall be resolved in court. To do this, you need to submit an application to the court at the place of registration of the defendant, that is, the child’s father. If it is established in court proceedings that one of the parents is leaving the Russian Federation with the child for the sake of rest, then such a statement will most likely be satisfied.
4. Be aware of the child’s surname change if he is under 18 years of age.
If the parents live separately or are divorced and the parent with whom the child lives wants to give him his last name, then this issue is resolved by the guardianship and guardianship authority, depending on the interests of the child and taking into account the opinion of the other parent.
It is not necessary to take into account the opinion of the other parent if he or she is deprived of parental rights, declared incompetent, or avoids raising and maintaining a child without good reason. Regardless of whether one of the parents agrees to change the child’s surname or not, the final decision remains with the guardianship authority.
5. To represent the interests of the baby in all institutions and authorities, to spend holidays with the child, etc.
6. Be the legal representative of a minor in transactions (in particular with real estate).