On determining the place of residence of children
For example, T. filed a lawsuit against T. to determine the place of residence of the joint children of the SMSDN of the Akmola region.
It follows from the contents of the statement of claim that the Yerementau District Court is considering a civil case on the claim of T. to T. for the dissolution of marriage. In accordance with Article 22 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family", when a marriage (matrimony) is dissolved in court, the spouses can submit to the court an agreement on which of them minor children will live with. If there is no agreement between the spouses, as well as if it is established that this agreement violates the interests of the children or one of the spouses, the court is obliged to determine which parent the minor children will live with after the dissolution of the marriage (matrimony).
Thus, the issue of determining the place of residence of the children should be resolved upon the dissolution of the marriage.
According to paragraph 5) of Part 1 of Article 154 of the CPC, the judge returns the statement of claim if there is a dispute between the same parties, on the same subject and on the same grounds in the proceedings of the same or another court or arbitration or arbitration court.
So, R. appealed to R. I. about determining the place of residence of the minor child R. born on 10.12.2012 with him, R. filed a counterclaim to R. about determining the place of residence of the minor child R. born on 10.12.2012 with her.
By the decision of the SMSDN of the Akmola region, the satisfaction of R.'s claims against R. I. on determining the place of residence of a minor child born on 10.12.2012 with him was denied. The counterclaim of R. to R. for determining the place of residence of a minor child born on 10.12.2012 was satisfied with her. The court determined the place of residence of a minor child born on 10.12.2012 with R.
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.
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