Getting custody of a child for the FATHER after divorce in COURT // It’s possible. But...
Keeping a child with the father after a divorce through the court // It's possible. But...
I would like to consider two relatively recent court decisions that should be noted by both colleagues in family law and those preparing for court proceedings concerning children.
Appellate ruling of the Moscow City Court dated April 6, 2022, in case No. 33-11895/2022.
This decision is interesting because the mother's prolonged absence from the children's lives played a role.
"In support of the stated claims, I stated that on April 8, 2020, the defendant left the family, leaving the children with the father; on August 14, 2020, the marriage between the parties was dissolved; since June 2021, the children have permanently resided at their registered place of residence with the father. The mother has avoided contact with the children in every possible way, does not participate in their upbringing or comprehensive development, does not participate in the educational process, and does not inquire about the children's health; the father does not create obstacles to communication. The plaintiff has all the necessary conditions for the upbringing and development of the children. Her financial situation and work schedule allow her to provide for the children financially and fully control their educational process. The plaintiff took steps to involve the defendant in the upbringing of the children and to collect child support and administrative liability for failure to fulfill parental responsibilities.
Unfortunately, the first-instance court's decision is prohibited from publication, and we will not know:
1. How was it proven that the mother avoids contact with the children? I assume that extra-judicial appeals to guardianship authorities were involved. This, incidentally, is a fairly good tool, and many unfairly neglect it.
2. C "does not participate in the educational process, does not inquire about the children's health" - generally clear; these are certificates from the place of study and medical institutions in which the father is listed as the person who participates in such matters.
3. "The plaintiff took steps to involve the defendant in the upbringing of the children." In this case, I believe letters, messages, correspondence, and possibly witness testimony were involved. Many also do not pay sufficient attention to this type of evidence (witness testimony).
The second decision is interesting precisely from the perspective of the consideration of witness testimony—Determination of the Third Cassation Court of General Jurisdiction dated March 11, 2020, No. 88-4129/2020.
"Furthermore, it follows from the testimony of witness S. that in 2018, Sh. left home for three days. On March 8, 2019, she left home without warning and only returned the following morning. The children were left with S. at that time. Also, on the evening of May 3, 2019, Sh. left home, saying she would return in two hours. However, she only returned on May 5, 2019, in a state of alcohol intoxication."
A forensic psychological examination was also conducted in the case, but the court also based its decision on the witness's testimony.
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