The lawyer spoke about the rights of a child when parents divorce

The rights of a child when parents divorce are an important aspect of ensuring its well-being and protecting its interests, said Victoria Danilchenko, a lawyer and chairwoman of the Victoria Danilchenko Bar Association. She told Izvestia on December 20 about the rights of minors.

According to her, when adults divorce, the child first of all retains the right to communicate with each of the parents, which implies the possibility not only to spend time with them, but also to participate in events and decisions important to him.

In addition, in accordance with the law, the child has the right to receive material support.

"It is important that adults take into account the child's opinion and desires, creating conditions for the child to participate in the process of conflict resolution and making decisions that affect his or her life. As the child grows older, he or she becomes more independent and his or her opinion on who he or she wants to live with begins to play an increasingly important role," the expert added.

She explained that disputes on determining the place of residence of children at the separation of parents, the court must resolve in accordance with the principle of equality of rights of parents and with mandatory consideration of the opinion of the child who has reached the age of ten years, his attitude to each of the parents, other relatives who belong to the family.

"Article 57 of the Family Code of the Russian Federation enshrines the right of the child to express his opinion, which is not limited by the condition of reaching a certain age, but establishes the obligation to take into account the opinion of a child who has reached the age of ten years, except when it contradicts his interests," - clarified the lawyer.

The court takes into account the child's attachment to the mother and father, brothers, sisters and other family members, moral and other personal qualities of adults, relations existing between each of the parents and the child, the possibility of creating conditions for upbringing and development. Other circumstances that characterize the situation in the place of residence of each of the divorcing spouses are also taken into account.

"Also, when taking into account the opinion of a child who has reached the age of ten, the courts find out whether the child's opinion is not a consequence of the influence of one of the parents or other interested parties on him, whether the child realizes his own interests when expressing this opinion and how he justifies it. Taking into account the established circumstances, the child's opinion is not always decisive in making a decision by the court," Danilchenko said.

Therefore, despite the obligation of the court to take into account the opinion of a child who has reached the age of ten, it does not mean that the minor himself decides where to live. His opinion is valuable information for the court, but it must correspond to his interests. If, for example, the child expresses a desire to live with his mother, but the court determines that this does not correspond to his interests, then a decision will be made in favor of the father and vice versa, the lawyer explained.

Earlier, on September 11, psychologist Olesya Lupak told "Izvestia" about the main causes of anxiety in children. For example, such a state can arise in the case of hyperopaque parents. In such an approach, the child does not develop independence, but retains the helplessness inherent in newborns.