on removing barriers to communication with a child

[Адвокат]

At __________ District Court

Claimant: _________________________
________________________________
(name, address)

phone: _______________________

Representative __________________
(FULL NAME.)

the address: _________________________
phone: _______________________
E-mail address: _______

Respondent: ______________________
________________________________
(name, address)

phone: _______________________

Representative __________________
(FULL NAME.)

the address: _________________________
phone: _______________________
E-mail address: _______

Guardianship Authority ___
____________________________ <*>

Representative __________________
(FULL NAME.)

the address: _________________________
phone: _______________________
E-mail address: _______

Case number _____________________

MEETING STATEMENT
on the removal of barriers to communication with the child and
determining the order of communication with the child

"__" ___________ ____, between me and the defendant in this case - ________________ (full name) marriage was registered. From this marriage, we have a common minor child - ___________ (full name). Now he is _________ (indicate age) <**>.
Since "__" _________ ____, the marriage relationship between me and the respondent has actually been terminated, no common household is being maintained. The child lives with his mother.
"__" __________ ____, the defendant filed a lawsuit with the _________ district court to dissolve the marriage and recover child support. To date, the specified statement of claim is pending the said court (case No. ______) and no decision has been made on it. I am the defendant in this case. In accordance with Articles 137, 138 of the Code of Civil Procedure of the Russian Federation, the defendant is entitled, before the court decides, to bring a counterclaim to the plaintiff for joint consideration with the initial claim. The counterclaim shall be accepted by the judge if there is a mutual relationship between him and the initial statement of claim and their joint consideration will lead to a faster and more accurate settlement of disputes. In this case, this is exactly the situation.
The fact is that according to article 24 of the Family Code of the Russian Federation, when considering a divorce case, it must be determined which of the parents the child will live with. As mentioned above, our son lives with his mother, the defendant in this case. The respondent, taking advantage of this, since ___ _________ ___ and still prevents me from meeting my child and participating in his upbringing. Thus, the defendant violates my parental rights as the father of the child to the detriment of his physical and mental health, moral development, and education.
Inadequate fulfillment by the respondent of her parental duties, unfavorable living conditions and raising her child, her negative personal qualities do not allow her to ensure his proper upbringing and development - these are the grounds for my constant participation in raising a child.
I have repeatedly suggested that the respondent conclude an agreement in writing on the exercise of parental rights by a parent living separately from the child (the draft is attached). <***> But he received an unmotivated refusal.

Therefore, based on the foregoing, as well as in accordance with Articles 61, 63, 66, 67 of the IC of the Russian Federation and Articles 137, 138 of the Code of Civil Procedure of the Russian Federation

I BEG:

1. To oblige the respondent not to obstruct the communication of the plaintiff - ____________ (full name) with a minor - ____________ (full name).
2. To determine the following order of communication between father and child: _______________.
Option. The respondent agrees to provide the plaintiff with an opportunity to meet with the child __ days a week: __ days on weekdays (_____ - indicate on which days) and __________. On weekdays, the respondent provides the opportunity for father and grandmother to communicate with the child in the evening (morning) from _____ to ____ hours ____________ (where exactly), and on Saturday provides the father with the opportunity to pick up the child for the whole day from ____ to ____ hour.

In addition, the respondent undertakes to provide the father with the opportunity, at his request, to spend the vacation with the child, for which he undertakes to draw up all the necessary documents.
Also, the respondent undertakes to resolve issues related to the education and upbringing of their child - ______________ (full name), and other similar issues together with the plaintiff.

Applications:
1. Copies of the statement of claim.
2. Receipt of payment of state duty.
3. Copy of marriage certificate.
4. Copies of the draft agreement on the procedure for communication with the child.



Claimant: __________________

"__" _____________ ____ g.

--------------------------------
<*> According to paragraph 2 of Art. 66 of the IC of the Russian Federation, if parents cannot reach an agreement, the dispute is resolved by a court with the participation of the guardianship and trusteeship body at the request of the parents (one of them).
<**> According to Art. 57 of the IC of the Russian Federation when considering such cases, the court finds out the opinion of the child. Moreover, taking into account the views of a child who has reached the age of ten is mandatory, unless it is contrary to his interests.
<***> The agreement indicates the time, place, duration of communication, the order of such communication, the possibility of the presence of other persons, etc.
Source: https://www.gruppa-pravo.ru/obrazci/vstrech_isk.html

 

[Матушкин Андрей Николаевич]

Thank!