Determining the place of residence of children
R.kiy P. E. appealed to R.skoy O. I. about determining the place of residence of the minor child of Ratsiburinskaya Valeria Pavlovna on 10.12.2012, born with him, R.skaya O. I. filed a counterclaim to R.skoy P.E. about determining the place of residence of the minor child of R.koy V.P. on 10.12.2012, born with her.
By the decision of the SMSDN of the Akmola region, the satisfaction of the claims of R.K. P. E. to R.Skoi O. I. on determining the place of residence of the minor child of R.Skoi Valeria Pavlovna born on 10.12.2012 with him was denied.
The counterclaim of R.koi O.I. to R.skom P. E. for determining the place of residence of the minor child of R.skoi Valeria Pavlovna, born on 10.12.2012, was satisfied with her.
The court determined the place of residence of the minor child of R.skaya Valeria Pavlovna born on 10.12.2012 with R.Nskaya Olesya Igorevna.
The court, satisfying the requirements of the counterclaim, pointed out the extreme undesirability of breaking the natural psychophysiological bond between a child at that age and the mother, depriving the child of a habitual habitat, which would negatively affect the mental and physical health of the child.
From the meaning of the Normative Resolution of the Supreme Court of the Republic of Kazakhstan No. 4 dated April 28, 2000 "On the application of legislation by courts in resolving disputes related to the upbringing of children", it follows that the court takes into account the attachment of the child to each of the parents, brothers, sisters, his age, moral and other qualities of parents, the relationship existing between each parent and the child, the possibility of creating conditions for his development and upbringing (occupation, work schedule, their financial and family relations, etc.), as well as other circumstances that characterize the situation, which has developed in the place of residence of each of the parents. It should be borne in mind that the advantage in the financial and living situation of one of the parents is not in itself an unconditional basis for meeting the requirements of this parent.
The Convention on the Rights of the Child states, "The States Parties to this Convention, Bearing in mind that the need for such special protection of the child was provided for in the Geneva Declaration of the Rights of the Child of 1924 and the Declaration of the Rights of the Child adopted by the General Assembly on November 20, 1959, and recognized in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights political rights (in particular, in articles 23 and 24), in the International Covenant on Economic, Social and Cultural Rights (in particular, in article 10)."
At the same time, principle 6 of the Declaration of the Rights of the Child, adopted by the UN General Assembly on November 20, 1959, states that a young child should not, except in exceptional circumstances, be separated from his mother.
Taking into account the child's young age, one year and eight months, when the need for security and identity is still strongly developed, as well as the exceptional need for a mother and natural affection for her, the fact that the father had not previously been left alone with the child without a mother, does not have the proper skills to care for a young child, financial situation Considering that the parties are positively characterized by their place of residence and work, the court considered it necessary to determine the place of residence of the child with the mother.
Another example, by the Decision of the SMSDN of the South Kazakhstan region, the claim of Dekhkanbayeva Sh.M. to the defendant Dekhkanbaev F.T., the interested person, the body performing the functions of guardianship and guardianship of the Shymkent city Department of Education, for determining the place of residence of the children was satisfied.
The place of residence of the minor children of T.va D.F., born on 08/21/2007, T.ova B. F., born on 04/19/2009, and T.va A. F., born on 06/26/2011, was determined at the place of residence of the mother of D.va Sh.M. South Kazakhstan, Shymkent, Ryskulova Street, house number 5.
In satisfying the plaintiff's claims, the court took into account the attachment of minor children to their mother and to each other, their age, the moral and other personal qualities of the parents, the relationship existing between each parent and the children, the possibility of creating conditions for the development and upbringing of children, the type of activity, the working hours of the parents, their financial and marital status.
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