The wife forbids seeing the child during marriage. What to do if your ex-wife won't let you see your child?

Hello.
I would like to ask your advice in the following situation.
I am married, this is my husband’s second marriage. He got married for the first time at the age of 20, “on the fly.” The marriage broke up in 2007, leaving behind a daughter, now 10 years old. My husband and I also have a child. The husband wants to see his daughter, which he did, but somewhere since the summer of 2010 ex-wife stubbornly does not allow him to communicate with the child (initially there seemed to be no problems). Her husband had to contact the guardianship authorities, where they explained to her that she had no right to prohibit the father from meeting his daughter. She (according to the employees) reacted inappropriately, shouted “why should I,” etc. Later, her grandmother called her husband and said that “Nastya is now new husband and she doesn’t want you to come,” and that if the husband does not back down, she (the ex-wife) will demand alimony from him from the moment of divorce (before that, to all her husband’s comments about financial assistance to her daughter, she replied that “we don’t need anything ", and when my husband donated money to the school for the child’s needs, she created a scandal for the teachers, forbidding them to accept any money from her husband; in fact, cash she does not need, since both her and her entire family are provided for by her parents, very wealthy people). The husband refused and said that he would insist on communicating with the child, and if necessary, then with the help of coercive measures. Then (and after consultation with a lawyer) her position changed - formally now she had nothing against her husband’s meetings with her daughter, but in fact, however, she prevented this in every way. When the husband presented a draft agreement on communication with the child, she refused to sign it, because it allegedly violated her rights, and presented her own draft, which was obviously unenforceable for her husband (for example, there were requirements for monthly payments for child support exceeding the monthly husband's earnings). The husband was forced to refuse and go to court. The trial took a long time, she went to the hospital, did not show up to psychologists, and delayed the consideration of the case in every possible way. The court practically forced her to sign settlement agreement on the husband’s terms. All this time since the beginning of the conflict, the husband did not see the child; the ex-wife simply did not pick up the phone when he tried to contact her on this issue (this despite the fact that formally she was supposedly not against their communication). At the same time, she personally did not explain her behavior to him in any way, avoided all conversations with him, hung up the phone as soon as she found out that it was he calling. And she brought the girl to the guardianship authorities, on her own initiative (without the demands of the employees) and the girl memorized how bad she felt with her dad.
After the settlement agreement between them came into force, the husband saw his daughter. The girl was very nervous and very hostile towards him (“you ate all your mother’s cookies.” “You dragged us through the courts” - despite the fact that she was brought to the guardianship authorities once, and not to court, it was her mother, “ “Mom doesn’t have any strength for you,” etc.) Then gradually the hostility disappeared, but with each meeting it always existed at the beginning, but was smoothed out in the process of communication. At the same time, from the words of his daughter, the husband learned that the ex-wife was in every possible way inciting the child against him. For example, he himself told his daughter that only good things should be said about parents, mom or dad, and when, in response to another stream of dirt, the girl repeated this phrase to her mother, she heard, “If there was something good in your dad, he would still lived with us" (this despite the fact that their marriage broke up due to her adultery, which began at the moment when her husband left for his father’s funeral in another city). Gift from my husband to my daughter for her birthday (a book with mythological creatures) she selected under the pretext that the sight of the creatures drawn there (hydras, gorgons, etc.) traumatizes the child’s psyche. She forbids the girl to talk to me, screamed at her, when the girl congratulated me on my birthday, she said: “Talk to everyone there (at our house), but don’t even say hello to her!” (despite the fact that, as already said, I had nothing to do with the dissolution of their marriage; it was explained to the girl that she could not talk to me, because I represented my husband’s interests in court, that is, I opposed her, and she attacked me I was offended for this (literally “pissed off my mother in court”)). Systematically teaches the child to lie, to keep silent about something. For example, she took away from her a drawing that the girl had drawn for her father and forbade her to give it as a gift, as well as to draw anything in our house, with the caveat: “just don’t tell dad, otherwise he’ll use it against us in court.” (it was told after the husband promised that he “would not use this against my mother in court”). Teaches the child what can and cannot be said, for example, stories, even mentions, about the mother’s new family, about her new husband, about the newborn brother are strictly prohibited. He lets his daughter read all the correspondence with her husband. financial matters, that is, things that are clearly not intended for the child, while teaching the child to say that it was supposedly the daughter herself who found the letters and read them. When the husband was sharply indignant at the last point (that the child was being drawn into a conflict, given adult letters to read and taught to lie), the ex-wife replied that the child had made it all up and that she had nothing to do with it. If any questions arise between her and her husband, she gives the phone to the child and encourages her to speak as if on her behalf, “Mom is asking where you and I will go for a walk.” To the husband’s words, “Let mom ask herself,” the girl replies, “Mom doesn’t want to.” talk to you." She wrote endless complaints of delusional content to her husband in guardianship, brought her daughter into guardianship to support these complaints (that he deliberately took the girl out into the rain to catch a cold) And so on, there are many such facts.
In general, the ex-wife created unbearable conditions for my husband to communicate with his daughter. You can’t envy the girl herself in such conditions either. Last time, when her husband came to congratulate her on her birthday, the child’s mother hid behind the door and listened to their every word, while the girl answered more and more in monosyllables, shuddered and looked at the door.
Soon after the conflict began, the girl developed night terrors; she began to be afraid to fall asleep in the dark, which had not happened before. The husband is also nervous, going on dates with his daughter is like going to war, with witnesses. The situation is unbearable for everyone.
What can you advise your husband in such a situation? It is obvious that the child’s mother is making every effort to ensure that the husband renounces his right to see his daughter and no longer appears in their house. (After the husband decided to stop visiting his daughter for a while, all complaints were addressed to him to various authorities stopped instantly). Should the husband take pity on the child, who is undoubtedly involved in the conflict, and retreat, not go there, as the ex-wife wants? The husband loves his daughter, he would like to communicate with her. But the conditions for this are unbearable. What is better for the girl herself - for dad to “disappear”, and even with a stream of slander against him like “dad abandoned you,” or for dad to come, but with scandals? How would you rate psychological state child now, what does this situation threaten her with if the “war” continues? How can you support your husband in such a situation?

After the official divorce, a man may face the fact that his ex-wife prohibits him from seeing the child. The reasons for the ban are varied, but most often they are jealousy and self-interest. A respectable alimony payer may well face an unreasonable ban on meeting his child. We will discuss what a father should do in this situation in our article.

The father and mother have the same rights to the child. This means that they are obliged to provide and educate the minor equally. Some women forget about this and after a divorce believe that the ex-husband should only pay money, while refusing the man to take part in the life of their child.

A woman should remember that while married and after its dissolution, the father has every right:

Represent the interests of the child in various authorities (school, kindergarten).
Raise a minor.
Spend weekends and vacations with your child.
Walking with a minor.
Protect the rights of the child.
Make responsible decisions regarding the education of a minor.

Before a divorce, issues of raising a child are decided by the spouses jointly. After a breakup, they should also be resolved mutually. The mother cannot prevent the child from meeting with the father, and is also obliged to take into account his opinion in the process of upbringing.

The father's legal rights should not be affected by the child's place of residence and the personal life of the ex-wife. To avoid misunderstandings, the parties must agree on the time of meetings on a voluntary basis. If this fails, the court will help resolve the dispute.

In what cases does a woman have the right to legally prevent a father from seeing his child?

In some situations, the reasons for a woman’s ban on father-child visits are quite justified. The ex-spouse may:

Abuse alcoholic drinks and drugs.
Negatively influence psychological health child through insults and intimidation.
Be a member of a sect, try to involve a minor in it.
Serve your sentence in prison.
Beat a child.
Commit other illegal actions against a minor.

The most common reason for refusal is that the father has a large alimony debt, as well as lack of communication with the child for a long period. It often happens that the father has not seen the minor for several years, and the meeting may have a negative impact on the psycho-emotional health of the child.

Let us note that failure to pay child support is still not a valid reason for denying the father access to the child. A man may well have some financial difficulties. In any case, the woman has the right to go to court to collect the debt and resolve the issue regarding the ban on meetings at the official level.

Example. Smirnova M.V. is raising a seven-year-old son from his first marriage. The child's father suffers from alcohol addiction, does not work and does not pay child support. The man insists on meeting with the minor, receiving a justified refusal from the mother. Smirnova decided to resolve the situation by filing a lawsuit with a request to deprive her father parental rights. Based on the evidence provided alcohol addiction father and the presence of a large debt for child support, the judge completely satisfied the mother’s claim.

No matter how justified the reason for the mother’s refusal to allow the father to meet with the child, it should be supported by documentation. For this purpose, the woman must go to court to issue an appropriate ban or deprive the father of parental rights. Without an official court decision, the mother's actions can be considered illegal.

What laws does a woman violate and what could she face?

If a woman’s ban on a father’s meeting with a child is not justified, she violates the rights of a minor to:

Care and protection of parents.
Raising by parents.
Communication with parents.
Financial support by parents.

By law, a child must know who his parent is. A woman has no right to hide this information from a minor, and also cannot prohibit him from seeing his father. The only exceptions are cases of ban on visits and deprivation of parental rights.

Example. Sidorenko V.S. receives monthly alimony from her first husband for her three-year-old daughter. Despite this, the woman forbids the father to see the child. Sidorenko is doing everything possible so that her daughter considers her stepfather as her father. In this situation, the rights of father and child are violated. A man has the right to resolve the issue in judicial procedure.

In the event of an unjustified ban on visits between the father and the child, the woman may face a review of the minor’s place of residence. A man has the right to file a corresponding lawsuit in court, as well as request an inspection of the child’s living conditions.

How to resolve the issue of a ban on father-child visits peacefully

The issue of a father’s ban on visiting his child should be resolved peacefully. Former spouses need to discuss this point, sitting down at the negotiating table, finding a mutually beneficial solution. The parties have the right to consolidate the agreement by signing an agreement in writing. Notarization of the document is not required.

Example. Chmeryuk M.V. prohibits ex-husband see my ten year old son. The reason was the man’s new wife, who also comes to meetings with the child. Chmeryuk is categorically against such communication. Together with her ex-husband, she drew up an agreement under which the father would see the child at any time convenient for him on the mother’s territory.

The agreement does not have a standard form, but it must contain the following information:

Length of stay of the father with the child.
Venue for meetings.
Time of stay (weekdays, weekends).
Duration of agreements.
Other conditions relating to meetings between the father and the child.

The agreement should not reflect the relationship between the parents, payment of alimony and other conditions that are not directly related to meetings between the father and the child.

If the ex-wife prohibits the father from seeing the child, and there are no compelling reasons for this action, the man has the right to file statement of claim to the district court. There is no state duty charged for it. However, the man may need to pay for a lawyer and legal advice.

A man can file a claim on his own or with the help of a lawyer. The last option is the most relevant because it guarantees correct spelling statements taking into account the laws prescribed in the Family Code of the Russian Federation.

If a man does not have money for a lawyer, he should try to file a claim on his own. A sample document can be found on the Internet or on our website at the bottom of the page. The following information must be indicated in the application:

Full name of the court in which the claim is filed.
Passport and contact details of the parties (name, phone numbers, residential or registration address, passport series and number).
Details of the minor (full name, details of birth certificate or passport).
Requirements and their justification (the child lives with the mother and her groundless ban on meetings).
Evidence of the mother’s violation of the rights of the father and child (witness testimony, audio or video recordings).

The father should also provide facts confirming the mother’s refusal to resolve the issue peacefully. When making a decision, the judge will be based on the opinion of guardianship officials.

If the child is ten years old, the judge will take into account his opinion. A psychologist will talk to the minor in a sensitive manner and find out whether he wants to see his father.

Let's make a reservation that the issue will be resolved for the father in positive side, if the reasons for the mother’s refusal to meet the child were not justified. If a man causes harm to the physical or psychological health of a minor, he will receive a denial of the claim. Moreover, there is a likely risk of a complete ban on communication with the child by official structures or deprivation of parental rights.

Liability for violation of a court decision

After the court verdict is rendered, the woman is obliged to fulfill it. Otherwise, various penalties may be applied to her and preventive conversations may be held:

Establishing a strict time frame within which the mother is obliged to comply with the court's decision.
Transferring the child to be raised by the father (in case of malicious violation of the law and the judge’s decision).
Initiation of enforcement proceedings.
Imposition of a fine in the amount of one to two thousand rubles.
Conducting a conversation with a bailiff.

If the child himself does not want to see his father, the bailiff is obliged to involve a psychologist in the work. A specialist will find out the reason for the minor’s behavior in order to further draw up an action plan.

Conclusion

A minor child has the right to see his father, regardless of whether the parents are officially married or divorced. The mother does not have the right to establish a ban on meetings. The only exceptions are cases negative impact father on the physical or psychological health of the child. In such a situation, it is necessary to protect him, but this should be done through a trial.

The latest and most relevant legal information, taking into account the individual nuances of your problem, can be obtained by calling toll-free numbers 24/7 or by filling out the form below.

Not all spouses manage to separate peacefully. And the worst thing is that in this situation children often suffer, becoming hostages of parental conflict. After a psychologically difficult divorce and property disputes, stress for loving father The mother may be prohibited from meeting her baby.

Many women use children for manipulation ex-husband for the purpose of obtaining material benefits or the desire to “annoy” the ex-husband. Men become enraged by the intrigues of their ex-wife, which supports the woman’s feeling that she is in complete control of the situation.

Note: Most often victims female intrigues It is precisely those men who are not indifferent to the fate of their children who become the ones who limit communication with their children.

Father's rights to a child before and after divorce

Important! No matter what arguments the ex-wife uses, the Russian Family Code clearly establishes the equality of parents’ rights to raise children. And these rights can only be limited by deprivation of court. Contrary to misconceptions, divorce is not a limitation of the father’s rights to the child.

According to the law, after a divorce, the father has equal rights and responsibilities with the mother. He has the right to take care of the baby, spend time with him, and participate in his upbringing. The father also has the right:

See your children. Based on the provisions of Article 66 of the RF IC, neither the mother nor the father have the right to prevent the second parent from meeting the baby. If the parents cannot agree, the court will resolve the issue;
Change the baby's last name. If, when registering a birth, a child received his mother’s surname, at his request it can be changed to his father’s;
Learn about your children from their mother in a timely manner. He has the right to know whether the baby is healthy, where he lives, where he studies;
Travel outside the Russian Federation with the child with the written consent of the mother. If the mother refuses to provide such permission without reason, the father may file a lawsuit.

If not divorced

Most citizens believe that mom will take better care of the children than dad. And most fathers are not ready to take responsibility for the upbringing and guardianship of a child. There are also such fathers, communication with whom poses a threat to the mental and physical health baby.

But those fathers who want to take part in raising a child, are ready to spend their time and money on their children, but who are prevented from meeting the child by their mother, should know what rights the father has and how to defend them.

Parents can independently agree and even draw up a schedule for visiting the father. But situations often arise when the mother, in violation of the RF IC, prohibits the father from seeing the baby even if the spouses are not divorced, but are temporarily living separately. Mothers justify such restrictions by the fact that the father gives little money to support the baby or by the desire to find a new father for the child.

Such a restriction of the father’s rights is obviously illegal and violates not only the rights of the man, but also the rights of the child.

Where to contact

In such a situation, the father has the right to contact the guardianship authorities at the child’s place of registration or the court. The application to the guardianship authorities is drawn up in free form. It should contain the following information:

Personal data (full name, residential address of spouses and child);
Date of marriage registration (if marriage took place);
Date of birth of the baby;
Statement of factual circumstances. The fact that you do not live temporarily, support the children financially, the spouse prohibits meeting with the children;
Please take measures to the mother, establish a schedule for visiting the children;
Applicant's signature.

Important! When contacting the guardianship authorities, you should refer to the following articles of the RF IC: 61 (equal rights of parents in raising children), 66 (the right to participate in the raising of children of a parent living separately).

If the spouses did not file for divorce, but the father lives separately, and the mother restricts his rights to see the baby, the father has the right to apply to the court to protect his rights. To do this, a statement of claim is filed to determine the place of residence and the order of communication with the child. But in practice, the number of such claims filed within a marriage is minimal - all litigation begins between spouses during or after a divorce.

After divorce

The Russian Family Code establishes equal rights of parents in relation to children, regardless of whether they live together or are divorced. A parent (most often a father) who lives separately has the same rights as the mother to communicate with the baby. And the second parent has no right to interfere with this.

You can solve the issue of meeting your baby with the help of:

Agreements with ex-wife. You can try to reach your ex-wife through peaceful negotiations and conversations. After all, every mother wants happiness for her children and does not want to cause psychological trauma that remains for life. You can make a schedule of dates or enter into an agreement, clarifying all the details. Alternatively, dad can pick up the children from kindergarten or school, or take them to his place for weekends or holidays;
If the ex-wife refuses to comply with the agreed upon schedule of visits or a court decision allowing the father to see the children, a state executor (bailiff) can help the father. Of course, selecting a child for communication with the help of a state executor is a dubious pleasure, but the child will see that dad is ready to do anything for a date with him.

Where to contact

If the former spouses fail to reach an agreement, the father can protect his rights in court. To do this, you should go to court with a claim and provide evidence (witness testimony, video and audio recordings). By court decision, the mother will be obliged to provide the father with the opportunity to see the children.

Important! Children over ten years of age have the right to choose who they want to live with after their parents divorce. If the child expresses a desire to live with his father, the court will take his opinion into account when making a decision.

The procedure for protecting the interests of the father

Failed negotiations with the mother are grounds for filing a lawsuit. Filing a claim is carried out in accordance with Art. 131-132 Code of Civil Procedure of the Russian Federation.

The statement of claim must contain information about:

Name and address of the court;
Personal information and contacts of both parents;
Personal data of children;
Names and addresses of the guardianship authority;
A factual statement of the circumstances of the case and evidence of the applicant’s attempts to negotiate with the other parent about visits with the children;
The applicant’s requirements and the proposed procedure for communicating with the child;
Signature, date, list of documents attached to the claim.

Important! A competent lawyer is the key to success. He will help draw up a claim, collect evidence, and will also be able to represent the interests of the applicant in court. At a minimum, seek a free consultation from our specialists directly on the website to receive prompt legal assistance. The sample claim below is provided for your reference. It is almost impossible to independently draw up a statement of claim and take into account all significant circumstances without legal experience.

The father must be mentally prepared for a long trial and listening to the mother's counter-arguments. After consideration, the court makes a decision in favor of the father or mother.

An approximate procedure for establishing a procedure for communicating with a child:

Negotiations with mother;
Contacting the guardianship authorities to record facts of violations on the part of the mother;
Preparation of claims and documents for court;
Participation in court hearings and obtaining a court decision;
Execution of a court decision.

Attention! If there is a court decision on the order of communication between the father and the children, but the mother continues to prevent such communication, compulsory measures to comply with the decision may be applied to her in accordance with Article 66 of the RF IC with the imposition of fines by bailiffs.

Such measures include:

Establishing a deadline for the execution of a court decision;
Imposition of penalties;
Collection of enforcement fees.

Also, in the future, the father can raise the issue of the children living with him before the court and guardianship authorities.

Case Study

During the divorce, the spouses decided that three year old son will live with his mother. The father regularly pays child support as ordered by the court. She picks up her child from kindergarten on Friday, spends the weekend with him, and goes to the sea in the summer. However, three years later, the ex-wife decides to stop such communication, demanding that her father a large amount for the maintenance of his son. It was not possible to come to an agreement with the mother.

The father filed a lawsuit to establish a schedule of visits with his son. The problem was that my father’s work involved business trips, and from time to time he was not home for several days. However, the court supported the father’s demands, and a decision was made to establish the days for the father to meet with his son.

As a protest, the mother completely stopped communication between her ex-husband and her son. The father was forced to re-write a statement to the court. With the help of a lawyer, it was possible to organize the forced execution of a court decision and bring the ex-wife to justice for obstructing the execution of the court decision.

Is it possible to take the child for myself?

Judicial practice indicates that in most cases children remain to live with their mother. However, there is a category of parents whose living with them can pose a danger to the baby. Then the father has the right to sue his son or daughter. However, in order to deprive a former spouse of maternal rights, it will be necessary to prove that she:

Does not raise the child, does not care for him;
Uses violence against children, forces them to beg, teaches them to use alcohol or drugs;
Has an alcohol or drug addiction;
Has a mental disorder;
She committed an offense against the life and health of children.

Attention! When making a decision to establish the place of residence of children, the court takes into account financial situation both father and mother. But mother's absence permanent job or the fact that she lives with her parents, graduates from a university, is NOT the basis for establishing the place of residence of the children with the father.

Having decided to sue the children from the mother, the father needs to calculate his strength - whether he can pay enough attention to them, and not shift the care of the children to the grandparents. Will she be able to combine her work schedule with child care?

Legal assistance

If disagreements arise between former spouses, the legal process to establish a schedule for visits with children may drag on indefinitely. To clearly articulate his legal requirements, the father should contact a lawyer.

At the initial consultation, the lawyer will explain the procedure, draw up a list of necessary evidence, and develop a strategy for behavior in court. In the future, the lawyer will help to correctly fill out the statement of claim and will represent the interests of the applicant in trial, and will also help monitor the execution of the court decision. Initially, we recommend contacting our lawyers online for a free consultation.

Remember that by protecting your rights, you are acting in the interests of children. Try to get rid of them parental quarrels and, if possible, protect from negativity. And remember, the law protects the rights of all participants family relations. And the court will help resolve controversial issues.

Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
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An approximate procedure for establishing a procedure for communicating with a child:

Negotiations with mother;
Contacting the guardianship authorities to record facts of violations on the part of the mother;
Preparation of claims and documents for court;
Participation in court hearings and obtaining a court decision;
Execution of a court decision.

Establishing a deadline for the execution of a court decision;
Imposition of penalties;
Collection of enforcement fees.

Also, in the future, the father can raise the issue of the children living with him before the court and guardianship authorities.

Wife won't give birth to child after divorce

In practice, this condition is not always met. Often the rights of the mother are placed above the rights of the father, and the mother does not allow the father to see the child. Without a decision from a court or guardianship authority, such actions are absolutely illegal, and a man can appeal against them in the manner prescribed by law. Reasons for the ban Sometimes mothers have objective reasons to protect their child from communicating with the father.

If a woman's rejection of her ex-man based on his bad habits, criminal tendencies (unexpunged convictions) or domestic violence, then a truly loving father should think about: is there any point in continuing to communicate with his child, being for him negative example? On the other hand, it happens no less often that after a divorce the wife does not allow him to see the child, and the father does not know what to do, because there are no objective reasons for this.

What to do if your wife does not allow you to see your child

Is it possible to take the child for myself? Judicial practice shows that in most cases children remain to live with their mother. However, there is a category of parents whose living with them can pose a danger to the baby. Then the father has the right to sue his son or daughter. However, in order to deprive a former spouse of maternal rights, it will be necessary to prove that she:

Does not raise the child, does not care for him;
Uses violence against children, forces them to beg, teaches them to use alcohol or drugs;
Has an alcohol or drug addiction;
Has a mental disorder;
She committed an offense against the life and health of children.

Attention! When making a decision to establish the place of residence of children, the court takes into account the financial situation of both the father and mother.

What should I do if my ex-wife forbids the father to see his son?

Important

If the child expresses a desire to live with his father, the court will take his opinion into account when making a decision. The procedure for protecting the interests of the father Failed negotiations with the mother are grounds for filing a claim in court. Filing a claim is carried out in accordance with Art. 131-132 Code of Civil Procedure of the Russian Federation. The statement of claim must contain information about:

Name and address of the court;
Personal information and contacts of both parents;
Personal data of children;
Names and addresses of the guardianship authority;
A factual statement of the circumstances of the case and evidence of the applicant’s attempts to negotiate with the other parent about visits with the children;
The applicant’s requirements and the proposed procedure for communicating with the child;
Signature, date, list of documents attached to the claim.

Important! A competent lawyer is the key to success.

Where to go if your ex-wife does not allow you to see your child after a divorce

In other circumstances, the influence and upbringing of both parents is necessary for the child, and the ex-wife cannot interfere with communication with the father.

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Your Gender Select your gender. Woman Man Your progress of answers Where to go if the ex-wife does not allow you to see the child If, after the termination of the marriage relationship, the ex-wife prevents the father from seeing the children, he can protect his interests by contacting the guardianship authorities or the court. To do this, you need to draw up a statement of claim and submit it to the district court at the defendant’s place of residence (the ex-wife will be the defendant).

What to do if your ex-wife does not allow you to see your child?

Attention

Men become enraged by the intrigues of their ex-wife, which supports the woman’s feeling that she is in complete control of the situation. Note: Most often, the victims of women's intrigues to limit communication with a child are precisely those men who are not indifferent to the fate of their children. Father's rights to a child before and after divorce Important! No matter what arguments the ex-wife uses, the Russian Family Code clearly establishes the equality of parents’ rights to raise children.

And these rights can only be limited by deprivation of court. Contrary to misconceptions, divorce is not a limitation of the father’s rights to the child. According to the law, after a divorce, the father has equal rights and responsibilities with the mother.
He has the right to take care of the baby, spend time with him, and participate in his upbringing. The father also has the right:

See your children.

My wife forbids me to see my child - what should I do?

However, the child’s mother, after the divorce, began to violate the father’s right to see the child, and therefore he was forced to go to court to determine the order of communication with the child. The problem was that the father and mother did not live in the same locality. However, the court sided with the father and determined the days the child lived with him, almost as indicated in our statement of claim.
Currently, the decision of the Zhukovsky City Court of the Moscow Region has entered into force, but the child’s mother does not intend to comply with it. Excited enforcement proceedings and material is being collected to bring the mother to justice under Part 2 of Art. 5.35 of the Code of Administrative Offenses of the Russian Federation for the purpose of subsequent transfer of the child to the father.

A client contacted us, whose problem was also that his ex-wife did not allow him to communicate with his child.

Algorithm for action in a situation where, after a divorce, the wife does not allow her to see the children

1 Father’s rights to a child before and after divorce
2 If not divorced
- 2.1 Where to contact
3 After divorce
- 3.1 Where to contact
- 3.2 Procedure for protecting the interests of the father
- 3.3 Procedure
- 3.4 Case Study
4 Can I take the child for myself?
5 Legal assistance

Ask a lawyer a question for free! Not all spouses manage to separate peacefully. And the worst thing is that in this situation children often suffer, becoming hostages of parental conflict. After a psychologically difficult divorce and property disputes, a mother’s ban on meeting her baby can become stressful for a loving father. Many women use children to manipulate their ex-husband in order to obtain material benefits or to “annoy” their ex-husband.

Legal assistance!

Moscow and region

St. Petersburg and region.

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