The decision of the district court’s determination of the procedure of communication with the child
C. appealed to the court claims to M. on divorce and determination of the procedure of communication with the child of the parent living separately.
The representative plaintiff in the trial insisted on satisfaction of claim requirements, their rationale explaining that since June 2007, the parties began to live together, 12.01.2008, was married, and from this marriage a daughter of W. March 28, 2008 year of birth.
In September 2008, the relationship deteriorated, the family began to arise quarrels, scandals, adversely affected the relationship with their child. Trying to keep the family together no avail, because the couple are not the same vital interests and there are insurmountable odds.
Marital relations between the spouses have been completely discontinued as of October 20, 2009. From this point, the plaintiff with the defendant live apart, the General economy is not conducted, the preservation of the family is impossible.
The plaintiff disagrees with the fact that her daughter will still reside with the mother. However, as a parent living separately from the child, wants a complete and easily communicate with her daughter to participate in her upbringing and education, as well as his parents.
The defendant prevents the plaintiff and his parents to communicate with her daughter, to resolve the dispute amicably failed. With 01.11.2009, the Complainant has not seen her daughter.
Moral and personal qualities of the claimant, no bad habits enable you to communicate with her daughter, without causing harm to her physical and mental health. The plaintiff, higher education, stable job, all the conditions for fellowship, education and development, including decent housing.
Parental rights and duties arise and cease, regardless of your registration. No one has the right to limit the parent in communicating with the child no matter what kind of relationship developed between her parents.
The plaintiff intends to exercise his parental rights in her interests and in order to protect her rights, believes that his communication with his daughter should not be formal, wear the episodic nature of the meetings and does not want to stand before the daughter in a negative role because of disagreements with his wife.
Based on the above requests to dissolve the marriage between the plaintiff and the defendant, to determine the next exercise of the plaintiff’s parental rights to daughter of W. 2008 birthday: the plaintiff has the right to communicate with his daughter for 3 days of every week of every month continuously, including nights sleep, in the place of residence or location of the plaintiff, without the presence of the defendant, except for the time when the child will be on vacation or out to the defendant by agreement with the plaintiff. Twice a month communicating with her daughter should fall on weekends and/or holidays by agreement with the defendant; the plaintiff has the right to communicate with his daughter in the summer for 15 days continuously, including nights sleep, in the place of residence or location of the plaintiff, and grandparents by the plaintiff, including trips abroad, without the presence of the defendant by agreement with the defendant.
The representative of the Respondent K. V. Abramov explained that since September 2008 the relationship between the couple became worse and a year later, in October 2009, a marital relationship completely stopped. At the specified time, the spouses live separately in the same household are not. The defendant together with his daughter lives with his parents.
During the quarrels, the plaintiff had behaved aggressively towards the defendant, her parents and daughter. So during one of his trips, when the girl could not calm down and fall asleep, he jumped up and began to shake the child, throwing her out of the stroller. Aggressive behavior of the plaintiff was repeatedly.
However, no obstacles as the plaintiff and his family in dealing with a girl is not repaired and not repaired.
Before trial, the plaintiff has not provided material assistance to the contents of the daughters and spouses, that shows his true attitude toward his wife and daughter.
The defendant is currently on leave to care for a child, in his final year at the economic faculty of the University. It is extremely important to determine a schedule of communication of the daughter with the father is that the child is still breastfed, he is very attached to his mother, feels safe only when it is close and therefore it is absolutely impossible separation from his mother even for a few hours, and even more days.
The Respondent and her parents, unlike the plaintiff, have no bad habits, Smoking, and sometimes abuse alcohol. Because the child is a minor, she was not yet two years old, violent tearing it from the mother may cause a psychological trauma. In addition, it should be noted that the current age of the child provides a routine day, including NAPs, walks, four meals.
At the same time, the plaintiff in the lawsuit actually describes only its material benefits and financial support provided by his parents to a young family. And provides no evidence of his personal involvement in the upbringing of the child during the marriage relationships and the ability to raise the child in the future. Meanwhile, for all the time of the marriage the plaintiff did not actively participate in the upbringing of his daughter.
The child’s relationship with the father is possible only in the usual daughters living conditions, preferably in the presence of the mother. Meet the child with the father in unusual conditions, with the person she actually knows, given the young age, can have a negative impact on the moral, spiritual and physical development of the daughter.
Therefore I believe it is essential to determine the next exercise of the plaintiff’s parental rights: once in two weeks, on Saturday or Sunday, by prior notice to the defendant, from 10:00 to 15:00 at the place of residence of the mother or on walks in the surrounding area.
As they Mature girls order can be revised to reflect the desires of the father, the child’s opinion.
The Respondent in judicial session has supported the opinion of the representative, adding that the plaintiff never went to reconciliation, if the couple has any conflict to reconciliation was always the defendant. The plaintiff often drank alcohol. Barriers in communicating with her daughter she the plaintiff did not present.
After hearing of the persons participating in the case, interviewing witnesses, examined the written materials of the case, the court finds that the claim for dissolution of marriage and the definition of order of contact with the child shall be satisfied partly on the basis of the following.
Here we follow the conclusions set out in the conclusions of bodies of guardianship and guardianship, made on the basis of inspections of apartments plaintiff and defendant. The testimony of witnesses (the plaintiff’s mother and the mother of the defendant). Other written materials of the case.
Given the above, since the autumn of 2009 the child lives separately from his father, between the parties has a conflicting situation in the last 6 months, the plaintiff does not communicate with the child (either by phone or directly, with the one exception), the child is still being breastfed, when we meet with the plaintiff did not know him, the grounds for determining the order of contact with the plaintiff at his place of residence in the absence of the defendant cannot be considered valid.
The court considered it possible to determine the following procedure for the communication of the plaintiff’s daughter: every 2 and 4 Saturday of the month from 10:00 to 13:00 hours at the place of residence for the defendant at the following without the presence of the mother.
In the rest of the claim is not subject to satisfaction, because in the court’s opinion does not fully meet the interests of the child in the present relations of the parties and the juvenile of the age of the child. In addition, it may affect neispolnimi the decision of the court in this part, in connection with the inability to control the order finding the child in the holidays with each parent.