Child’s right to live with one of parents is ensured

News Restoration of rights

Daria Morozova was approached by a citizen of the Donetsk People’s Republic on the issue of assistance in determining the child’s place of residence.

The situation was aggravated by the fact that the applicant lived in the Russian Federation and had no relatives there other than her ex-husband. Upon divorce, they could not reach a consensus on the issue of determining the place of residence of their young daughter. In this regard, the disagreements had to be resolved in court.

As part of the court’s consideration of a civil dispute that arose between the parents of minor S., the father’s claims were satisfied. In this regard, the applicant L. desperately needed help to defend her position in court and to defend her daughter’s rights.

Taking into account the difficult moral and material situation of the applicant, the Ombudsman, within the framework of legal education, assisted citizen L. in drawing up an appeal against the decision of the court of first instance. Subsequently, the appellate court gave a legal assessment of the validity and legality of the contested decision, and ruled a new one to satisfy the arguments of the appeal and further determine the child’s place of residence at the mother’s place of residence. Thus, the right of minor S. to cohabit with her mother is guaranteed.

In most cases, due to ignorance of the norms of the current legislation, especially certain procedural aspects, the applicants literally “give up”. However, everyone has the right to know the methods and ways of protecting their rights and freedoms, in connection with which legal education is one of the most important tasks of the Ombudsman.