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Publication date: 26.03.2025
Меня зовут Дина Геннадиевна Галиева, я адвокат с 2010 года, специализируюсь на семейном и гражданском праве. Мой опыт работы позволяет эффективно защищать права клиентов в вопросах расторжения брака, взыскания алиментов, раздела имущества и наследственных споров. Также оказываю юридическую поддержку украинцам в Польше, консультируя по вопросам оформления документов, необходимых для различных жизненных ситуаций, включая регистрацию брака, нотариальные переводы и другие правовые аспекты. Я помогу вам составить правовые документы, представить ваши интересы в судах Украины, а также проконсультировать по любым вопросам, связанным с семейным и гражданским правом. Если вам требуется профессиональная юридическая помощь – обращайтесь. Вместе мы найдем решение даже в самых сложных ситуациях
Determining the Place of Residence for Children – A Real Case
In 2011, a client approached me who already had a court decision regarding divorce and determining the place of residence for the children. The court of first instance decided that the two older children would stay with the father, and the younger one with the mother. However, the mother filed an appeal, demanding that another child be left with her.
Situation
Initially, the case seemed quite ordinary, but it turned out to be much more complex. Both parents were suitable candidates for raising the children:
- Education and Career: Both had higher education and stable employment.
- Absence of Bad Habits: Neither parent had any bad habits, violence, or other behavioral issues.
- Dispute over Children: This was a complicated case because it wasn't a typical situation where one parent was clearly in better conditions to raise the children.
Decision
I joined the case at the appeal stage and worked until the final decision. The judicial investigation took a long time, but the following results were achieved:
- Appeal Court: The appeal court left the decision unchanged, confirming that the two older children should stay with the father.
- Higher Specialized Court: The higher specialized court annulled all previous decisions and sent the case for re-examination.
- New Investigation: During the new review, we were able to prove that the best option for the children was to live with their father.
- Cassation Instance: After cassation appeal, the courts of first instance, appeal, and cassation supported the decision to leave the children with the father.
Why Was This Difficult?
The case was difficult for several reasons:
- Equality of Chances: Both parents had equal rights and opportunities to raise the children, which made the decision-making challenging.
- Emotional Aspect: Both parents sincerely cared about their children, which created an emotionally tense atmosphere.
- Unclear Interests of the Children: Difficulties arose also because the children's interests in this case were not entirely clear and depended on many factors.
Questions and Answers
Question
What factors does the court consider when determining the place of residence for children?
Answer
The court considers several important factors, such as the parents' financial status, their ability to provide proper care for the children, and the psychological comfort of the children with each parent.
Question
How long can the appeal and cassation process last in a case about determining the place of residence for children?
Answer
The appeal process can take anywhere from a few months to a year, depending on the complexity of the case. Cassation proceedings may take even longer.
Why Contact Us?
- Experience in Complex Cases: We have experience in handling complex cases with various factors influencing the decision-making.
- Comprehensive Approach: We offer a comprehensive approach to resolving the issue and provide legal support at every stage of the process.
- Protection of Children's Interests: We are always focused on protecting the interests of children, ensuring legal stability for our clients.
Results of Our Work
- Protection of Children's Interests: We managed to strike a proper balance between the rights of the parents and the children's interests, allowing for a reasoned decision.
- Legal Support at All Stages: We provided detailed consultation and support at all stages of the court process, ensuring effective protection of the client's interests.
Legal Consultations
Court Representation
Protection of Children's Rights
This case is a clear example of how important it is to consider all the factors influencing the decision on the place of residence for children. Thanks to our experience and professionalism, we managed to achieve the optimal solution for both the children and the parents.
