The rights of minors should not be violated; this is strictly monitored by the state machine. The child’s right to a place of residence is especially zealously observed.
It is not possible to discharge minor children anywhere.
However, situations can develop differently, and couples can divorce, which affects the fate of the child. Often they are the ones who force you to leave your spouse’s apartment and register at a different address. For the ex-wife, this process becomes seriously complicated if a child is also subject to discharge with her. To carry out such a procedure, knowledge of legal norms and compliance with established rules will be required.
Place of residence of the child
Children need constant adult care; they cannot provide for themselves either in terms of safety or financially. Responsibility for the life and upbringing of minors falls entirely on the parents, and in their absence, on the guardians or adoptive parents. In this regard, legal norms determine that children must live with their parents.
In accordance with the Civil Code of the Russian Federation, newborn children must be registered at the place of residence of the parents within one month. Subsequently, the registration addresses may change, but the child can still be registered only at the place of residence of his parents or one of them. This procedure continues until the child turns 14 years old, when he receives a passport. From the age of 14, children have the opportunity to conditionally choose; they can register separately from their parents, for example, with their grandmother, if the father and mother give their permission to this procedure.
Until the receipt of a passport, a child can be registered exclusively at the place of residence of the father or mother. When parents have different registration addresses, the issue of registration is decided by the two parties jointly, unless there is a court decision to determine the place of residence of the minor.
How to discharge a child from his father’s apartment and register him with his mother?
It is permitted by law to discharge children from the apartment of one of the parents and register them with another.
But this procedure must be carried out correctly.
The main thing is that after this the child is registered at the place of registration of one of the parents (Article 20 of the Civil Code of the Russian Federation).
Registering minor children with strangers (even relatives) is prohibited.
To remove a child from the father’s apartment, parents must comply with the following rules:
- if the mother or father does not consent to discharge, you can go to court;
- when the new place of residence is in another district of the city or town, the child’s opinion may be needed during the procedure;
- living conditions in the new apartment must be no worse than the conditions at the minor’s previous place of residence;
- if a child is registered in a privatized living space, then he can be discharged only if the court decides so.
In other words, it is impossible to discharge a minor into worse conditions or to register him in a living space where at least one of the parents is not registered. Can a father expel an adult child from the apartment?
If the child has reached the age of majority, then the father cannot discharge him without his consent. It is possible to resolve the case through the court, but if the person being discharged has the right to a share of the real estate, it will not be possible to discharge him.
Important: most often the question of discharging children arises when parents divorce. And the procedure depends on whether the adults come to mutual agreement.
Reasons for deregistration
It is always difficult to remove a minor from registration; when carrying out such an action, it is important to take into account the interests of the child himself, as well as the conditions that will be offered to him in return. When discharging minors, it is extremely important that there are grounds. The reasons that prompt the father to formalize the removal of the child from his apartment may be:
- The sale of property, in which the owner himself is obliged to deregister at this address.
- Divorce with the wife, after which she loses the right to be in this premises, since she is a stranger to the owner.
Recently, another point has been added to the reasons for the discharge of children, when evidence of the absence of a genetic relationship with the minor has been received. In all of the listed cases, first of all, the question is considered whether it is possible to re-register the child in another placement; it is impossible to remove him from the register.
Divorce of parents
Parental divorce is the most common reason for children changing their place of residence.
If the living space belongs to the father, and after the dissolution of the relationship the son or daughter remains with the mother, then it is reasonable to assume that the young child will be discharged. But this doesn't always happen. If the ex-wife has the opportunity to deregister from her husband and register at a different address, then there should be no problems. But women do not always have the opportunity for such maneuvers. In the absence of living space, it will not be possible to discharge the mother and child anywhere, especially since the minor has the right to remain living with his father, because he does not lose kinship with him.
As practice shows, such issues are most easily resolved peacefully. It will only be possible to discharge an ex-wife and child in court if she has property that she owns. And in the absence of such, and even if there are financial problems, the man will have to wait for their resolution and only then initiate discharge.
Is discharge possible if the father does not agree?
There are diametrically opposite situations when a man is against the child being discharged, and a woman, on the contrary, insists on changing the place of residence with the minor. Such moments cause a lot of controversy; many want to know whether the mother can arbitrarily discharge the child to another address without the consent of the father. When looking for an answer to this question, there are several important points to remember:
- The child cannot be discharged on his own; he can only change his address together with his mother or father.
- It is impossible for a minor to be first discharged and then registered. This procedure is carried out in one step - documents are submitted for registration at a new address and automatically deregistered at the old one.
To change a child’s place of residence, you do not need a huge number of documents or permission from the owner, but you cannot do without the consent of the second parent, provided that he has an official status and is included in the birth certificate. This procedure is regulated by two regulations at once:
- The administrative regulations, which regulate the rules by which children can be registered, indicate that the passports of both parents are required when registering. This means that an application for re-registration of a minor is accepted only in the presence of both parents.
- The Family Code of the Russian Federation, Article 65, paragraph 3, indicates the fact that when the child’s parents live separately, his place of residence is determined by agreement of the parties.
Based on this, we can conclude that a woman does not have the right to arbitrarily decide to re-register a child at a different address.
Application for the removal of a minor from the apartment
A sample application for registration and at the same time for the discharge of a child is approved by Order of the Ministry of Internal Affairs of Russia No. 984.
If the child has not reached the age of 14, one of the parents fills out the application; after 14 years, the child must fill out and sign the document himself.
The first part of the application states who provides the child with an apartment, a new address and other personal data and on what basis. The second part of the application states that in connection with the registration of a minor at a new place of residence, he must be deregistered at the old address and some personal data must be filled in in the same way.
Paperwork
The discharge procedure is carried out to the territorial unit of the Ministry of Internal Affairs, where parents should apply with a request to change their place of residence. Both the mother and the minor are deregistered in one go. To do this, submit a package of documents, which consists of:
- ID cards of both parents.
- Child's birth certificate.
In addition, an application for deregistration is filled out at the specified address.
If the extract is made simultaneously with registration for a new place of residence, then you will also need to provide the following documents:
- Certificate of ownership of the premises where the mother and child are re-registered.
- The permission of the owner of this living space to register an adult, and a minor is registered automatically.
When registering in a municipal apartment, the consent of all residents registered on its territory will be required.
Application for deregistration
There is no unified form for deregistration. Such a statement is of a notification nature and can be written in any form on an A4 sheet. It is recommended to indicate the following:
- Name of the territorial body of the Ministry of Internal Affairs.
- Applicant details.
- Document's name.
- The text of the form expresses a request for the discharge of the indicated persons.
- Full name of mother and child and their date of birth.
- The date of submission of the application is indicated.
- The document is certified by the signature of an adult, and the initials of the applicant are affixed.
It should be noted that such a one-sided procedure cannot always be performed. It is possible if a woman travels outside the Russian Federation with her child, but on the territory of Russia, registration authorities try not to discharge the child anywhere. For this purpose, another procedure is provided - registration at a new address and simultaneous deregistration from the previous place of residence. This procedure ensures that the child will not be left without registration and will have a place to live.
Register and discharge a child through State Services
Parents can register their child at a new address and at the same time discharge them from another living quarters by using the government services portal. To do this, you need to go to the “Registration of Citizens” section and select.
You can fill out the application directly on the portal and attach copies of the necessary documents, or make an appointment through the portal at the Ministry of Internal Affairs and fill out everything there. Children over 14 years of age must apply independently. You will need to come to the Ministry of Internal Affairs in person and bring the originals of all necessary documents. You should check their list in advance!
After reviewing the application, parents will receive a certificate of registration of the minor at the place of residence; if the child is over 14 years old, then a stamp is placed in his passport confirming registration.
Information about registering a child at the place of residence through the public services portal
Consent of the other parent
The father's consent to a change of residence address is necessary in all cases, unless he is deprived of parental rights by court. This consent can be expressed in several ways. The easiest way is to go to the Ministry of Internal Affairs together. In this case, the passport officers do not have any questions, and the man expresses his consent with the passport provided. If the father is unable to be present at the discharge in person, he is required to sign an agreement to carry out this operation. It must be notarized. In this situation, the woman acts as a representative of her ex-husband.
In conflict situations, when the parties cannot come to a common denominator, disputes are resolved in court. The father or mother can file a lawsuit to resolve the issue of the child's place of residence. Many factors are taken into account, including the opinion of the child himself.
Consent of the guardianship authorities to remove the child from the apartment
Often our clients have a question about whether it is necessary to obtain the consent of the guardianship authorities to register a minor at a new address.
According to current legislation, the consent of the guardianship and trusteeship authorities is required only in the case of the sale of real estate owned by a minor child. In this case, in order for Rosreestr to register the transaction, it is necessary to obtain permission from the guardianship and trusteeship authorities. The guardianship will consider the application of the child’s parents for the sale of one piece of real estate and the acquisition of another, and if the child’s living conditions do not worsen as a result of such a transaction, it will issue consent to carry out this particular transaction.
Sometimes parents even enter into preliminary agreements of intent to purchase and sell with buyers and sellers of apartments and provide them with guardianship. This is not a prerequisite, but it does happen. After registering the transaction, the parents register the child at the new address and at the same time deregister at the previous one.
If the minor is not the owner of the apartment, then in the event of his registration and discharge there is no need to apply to guardianship.
Registration to mother's apartment
Discharge of a child from the father's apartment and registration with the mother is easy if the woman has her own living space. Having her own property simplifies the process of deregistering her ex-husband’s apartment. She does not need to look for a place where she can both live and register.
When registering in someone else's apartment or house, you may need:
- Permission from the owner and co-owners, if the premises are privatized.
- Permission from local authorities when registering in municipal housing.
Having residential premises in private ownership, these permits are not needed. The procedure is carried out in one stage with a minimum amount of documents.
Can an ex-husband expel a minor child from the apartment?
If the parents are divorced or are in the process of signing documents, the father has the right to submit papers to remove the minor from his apartment. But even here several conditions will have to be met. In what case will such an extract be considered legal?
- If the child does not live at his place of registration.
- If the housing is not privatized and the minor is not among the owners.
- If there is somewhere to discharge the baby and to whom (that is, the procedure can only be carried out if the mother has similar living conditions for the child).
If a man wants to discharge him without the consent of the minor and his mother, the procedure will have to be carried out through the courts. You should immediately prepare for a decision not in your favor, since the court is accustomed to protecting the interests of minor citizens with extreme severity.
So, can a father expel a minor child from the apartment? It turns out that in fact he has the right to submit an appropriate application for discharge, but in reality the court’s decision is unlikely to be positive. If a minor child is registered in a privatized apartment and is its owner, it is impossible to discharge him without the permission of the mother and the sanction of the child himself.
In the event that the parents have agreed on the release and further sale of real estate , the child must receive his share of the transaction. It must be transferred to the minor’s personal account, otherwise the transaction is considered illegal.
If the ex-husband has agreed with the baby’s mother to discharge the baby and register him at the mother’s place of residence, the issue can be resolved through the migration services.
Registration procedure
It is not difficult to register in your own residential premises. To do this you will need:
- Go to the territorial office of the Ministry of Internal Affairs at the location of the apartment.
- Provide a package of documents.
- Submit an application on behalf of the mother for registration (a sample is attached to the article).
- Hand over all the papers to the specialist and wait for the procedure to be completed.
If you contact the registration authority directly, then in three days you will be able to receive a registration stamp in the passport of an adult citizen and a certificate of residence for a minor.
For a child, the registration process itself is quite simple. Required:
- Passports of both parents.
- Birth certificate.
But since he cannot be registered without his mother, an additional document on ownership of the residential premises will be required. If the apartment belongs to a woman, then no extra paperwork is required.
Is the child's father's consent required?
As with discharge, the father’s consent to registration is required. You can get it in several ways:
- The man will personally come to the registration office of the Ministry of Internal Affairs along with his ex-wife.
- A written agreement on the child’s place of residence will be drawn up, certified by a notary.
- There is a court order regarding the minor’s place of residence.
If the father is deprived of parental rights, then he will need to present a court decision, which will automatically remove the question of the need for his permission.
