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In disputes about the child's place of residence, the court does not give priority to either the mother or the father, but proceeds from the interests of the child. Kirill Gavrilichev, a family lawyer and managing partner of LEGAL Group, told Izvestia about this on April 27.

"There is no presumption in Russian legislation that children should be left with their mother, and in each individual case it is necessary to establish all the circumstances and determine the child's place of residence based on his interests," he said.

According to the expert, both parents have equal rights and responsibilities. However, in practice, young children, especially under 3-4 years of age and breastfed, are more likely to stay with their mother in the absence of her negative characteristics.

The lawyer stressed that when considering a dispute, the court takes into account many factors, including the living conditions and the attachment of the child. The expert added that the father can get the child to live with him if several conditions are met.

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"Three factors are important: the child is with his father at the time of the trial and the staff of the guardianship and guardianship authority leave to examine living conditions, secondly, the child expresses his desire to continue living with him, thirdly, the father should not have negative characteristics (for example, a criminal record for violent crimes, registration in narcological or neuropsychiatric dispensary)," he explained.

According to him, the child's opinion is recorded with the participation of a psychologist, guardianship authorities or during a forensic examination. If the child is 10 years old, he must be interviewed by the court. The lawyer noted that in such situations, the court, as a rule, does not forcibly change the child's place of residence if he has already adapted to the current conditions.

He also clarified that living with one parent does not deprive the other of the right to participate in education. This right can only be restricted through the courts, if there are grounds such as abuse of rights, abuse, alcoholism, or evasion of duties. The expert added that if a child lives with his father, he has the right to collect alimony from the mother, either by agreement of the parties or through the court.

On April 21, the head of the family Law and Inheritance practice said that in Russia, discussions about a possible tightening of the divorce procedure could lead to an increase in actual divorces and a decrease in interest in the institution of the family. The expert recalled that the current legislation already provides for certain restrictions: according to Article 17 of the Family Code of the Russian Federation, a man cannot initiate a divorce during his wife's pregnancy and within a year after the birth of a child.