Family lawyer: the child after divorce
Upon dissolution of the marriage changed the fate of not only the spouses, but mainly is radically changing the lives of children. And it is very important to protect our young from psychological stress and to make every effort that would upon dissolution of the marriage in the first place were taken into account the interests of minors.
In this article, the family lawyer will try to uncover the main points on a subject such as the determination of the place of residence of the child after the parents divorce and the determination of the procedure of communication with the child the non-custodial parent.
After all, the lives of our children depend on us, their parents. Sometimes being under the influence of resentment toward the other spouse, seeking revenge for the heartache that we have endured or transfer we forget about living with us little people. Very not easy for a young child to see parents quarrel, and even more so when such quarrels parents entangle children. Begin to put pressure on the child, forced to take one side or the other, and sometimes even banned from seeing the other parent. As a result of such actions, the child is suffering great mental trauma and sometimes without the intervention of a psychologist is not enough.
I, as a family lawyer, faced daily with such problems in families, ask parents not to forget that children, despite their age, are very serious about ending the marriage between the parents. And no matter who takes to live a minor, communication with a second parent he needs. The child should know, and most importantly to feel that he has both parents, he has the right to love both, so in any case should not hinder the child’s relationship with the estranged parent.
Of course, not all situations be treated equally. There are times when the opposite should be to protect the child from communicating with the parent when such communication causes harm to the child. In practice, the courts are going to that make Decisions limiting the child’s relationship with the parent. But to get the decision of the court family lawyer should present evidence that communication between the parent and the child have a detrimental effect on minors.
Any lawyer in family court in the first instance will give spouses the Council to resolve all issues peacefully and not to bring the case to court. After all, spouses are entitled to sign an agreement with each other about where and with whom they will live if the marriage is terminated child; on which days the non-custodial parent can visit a minor, what days to take in, when and on what conditions to travel with a child on vacation. In this agreement can be assigned the same rights and obligations of the parent living together with the child. For example, the duty of the mother to allow the father to leave the child abroad, or about the parent’s duty to provide information to the other parent about the health, performance in school and other important information concerning the child.
It happens that the couple, ready to discuss further the education of the child, but can’t come to a consensus In such cases, the spouses are forced to seek resolution of the dispute in court. The judge is obliged to carefully study the case materials, the characteristics of both parties, the conditions of life of both spouses and to render a Decision based on the interests of the child, not the desires of the spouses. If the child is older than 10 years, the judge may summon him to the court and to know the opinion on all controversial issues. In addition to the views of the child when deciding the court also relies on the opinion of the tutorship and guardianship, which certainly should be involved in a dispute about the child. In its decision, the court specifies the parent remains the child to live, with specific days where the other parent will see the child. In addition prescribes and see where the child’s parent, in the presence or without the presence of the parent with whom the child resides. Together with the Decision of the court issued a writ of execution in case of non compliance with one of the parent of the decision of the court, the other parent may apply to the judicial bailiff-executor with the requirement to initiate enforcement proceedings and unfair to oblige the parent to comply with the ruling.
And yet before you go to court to consult with a family lawyer, because each situation is very individual and requires careful analysis.