In 99% of 100%, a divorce is a problematic event, and the help of a lawyer in a divorce is a necessity that determines the outcome of the case. The division of property is half the trouble, and the struggle for the attention of children is a real problem.
Let’s leave the prefaces. Live situations – judicial practice in which the courts determined the ways of participation in the educational process of the child of a parent living separately.
The principle of common and equal responsibility of both parents for the development and upbringing of the child is enshrined in Art. 18 of the Convention on the Rights of the Child of 20.11.1989. The key message for parents is to respect the best interests of the child!
Basically, in all the legislation regulating the topic, the right of every child living separately from their parents or from one of them is determined to maintain regular personal relationships, direct contacts and unhindered communication with them.
The separated parent also has the legal right to communicate in person with the child as long as it does not harm the child and his or her development.
At the same time, any method of communication and upbringing of a child is not constant, it can change depending on the circumstances and the desire of mom and dad to come to a common denominator regarding communication with the child.
“At the same time, each norm of the law regulating the issue states that the best interests of the child are priority number 1. Any decision taken by the court must always be “for the child” – for his harmonious development, but taking into account the principle of fair balance for the parents.”
The father in court asks to determine for him a schedule of meetings and free communication with the child without the presence of the mother (ex-wife). Mom, with a counterclaim, asks not to allow this. The first instance satisfies the father’s demand, the appeal court agrees with it.
Why are the courts making such a decision? Because the ex-spouses cannot restrain themselves and continue to conflict in the presence of the child during his meetings with the father. This, according to the opinion of the court, backed up by law, negatively affects the psyche of the child, therefore, to the detriment of him.
At the same time, the court took into account the fact that the psycho-emotional connection between the father and the child, due to the age of the latter, was not fully formed, that is, insufficient for separate communication. Therefore, the court determined that several meetings would be “with my mother,” and later, possibly alone.
In this situation, an adaptation period was established, that is, they did not refuse either the father or the mother, they gave the opportunity to do everything so that in the future the father could see the child alone, and the mother would not worry about this.
This adaptation period can be as long as a month, or maybe a year. It is established after a detailed analysis in court of each specific case, taking into account the opinion of the child, if he is able to shape it.
Let’s summarize! Until the end of the trial, not a single self-respecting lawyer on family disputes can confidently assert how the family showdown will end, since the child is not a bank deposit, it is impossible to divide his attention equally.
The only thing unambiguous in such cases is that there is no single formal approach to resolving such disputes, the welfare of the child always comes first, and the principle of equality of parents’ rights in raising children is applied depending on the circumstances of the situation.
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