2023-08-27 11:30:00
Of course, the law stands guard over the interests of children, but as a rule, conscious parents always have many questions: what participation in the upbringing will each parent take, whether the child will live with mom or dad, what will be the amount of alimony, and many others. . Whether only the court can give answers to the questions raised, Olga ZEZYOTKO, notary of the Brest notary district, explains.
“If earlier parents had to go to court to determine who will raise their children after a divorce, now everything has become easier,” says Olga Viktorovna. – You can contact absolutely any notary in the country, regardless of the place of residence of the child and parents. If the parents have agreed with each other, the notary will help draw up an agreement on children and certify it.
As practice shows, the need to conclude an agreement on children arises in most cases as a result of the need to dissolve the marriage of the parents. Parents, both married and not officially married, can conclude an agreement on children with a notary, upon dissolution of marriage, the marriage between which has already been dissolved.
It should be noted that an agreement on children can be certified by a notary only if the issues that are the subject of an agreement on children are not resolved by a valid court order or are not regulated by a marriage contract, an agreement on the payment of alimony.
In the agreement on children, parents can determine with which of them the children will live, the procedure for communicating with the children and participation in their upbringing of a separately living parent, the amount of alimony for children, the procedure for leaving the Republic of Belarus for children and other issues of raising and maintaining children, if this does not violate the rights and legitimate interests of children and other persons and does not contradict the law.
The terms of the contract should not contradict either the requirements of the current legislation or the rights of the child. For example, the inclusion in agreements on children of conditions providing for the refusal to collect or pay alimony or the payment of alimony in a smaller amount than established by applicable law is unacceptable, because. providing maintenance to minor children is the responsibility of parents (Article 88 of the Code of the Republic of Belarus on Marriage and Family), and the amount of alimony can only be reduced by a court.
To conclude an agreement on children, parents must contact any notary office or notary office, regardless of place of residence, and discuss the terms of the document. In addition to identity documents, the notary must provide confirmation that the agreement is concluded between the parents of the children (birth certificate of the child, a copy of the birth certificate, a certificate containing information from the birth certificate record, a mark in the passport).
If the parents violate the agreement on children, it can be enforced. The executive document issued on the basis of such an agreement is subject to execution in the manner prescribed by the legislation on enforcement proceedings. And also the court may decide to limit communication with the child of one or both parents for a certain or indefinite period.
Regardless of who the child is left with, both the father and the mother have equal rights and obligations in relation to him. This rule also applies in case of divorce of parents (unless otherwise specified in the agreement on children) (parts 1 and 2 of article 76 of the Code of the Republic of Belarus on marriage and family).
The agreement on children enables parents to settle the issues of upbringing and maintenance of children without going to court, taking into account the mutual interests of both children and parents.
Prepared by Andrey LUSHCHIK
UNP 201022632
#divorce #children