How to discharge a child from his father’s apartment and register him with his mother: procedure for minors

Is it possible to register a minor child without the consent of the apartment owner?

Place of residence is the place where a citizen permanently or primarily resides. A citizen who informs creditors, as well as other persons, about his other place of residence bears the risk of the consequences caused by this.
The place of residence of minors under fourteen years of age or citizens under guardianship is recognized as the place of residence of their legal representatives - parents, adoptive parents or guardians.

passport office at the place where the baby will be registered;

Multifunctional Center;

State Services portal on the Internet. Great for applying from the comfort of your home. However, you need to obtain a password and login for the system in advance;

Department of the Main Department of Internal Affairs of the Ministry of Internal Affairs of Russia.

Can a mother register with her child without the consent of the apartment owners?

Good afternoon Natalia, in accordance with Article 36 of the Civil Code of the Russian Federation, Guardians and trustees of minor citizens are required to live together with their wards. Separate residence of a guardian with a ward who has reached the age of sixteen is permitted with the permission of the guardianship and trusteeship authority, provided that this does not adversely affect the education and protection of the rights and interests of the ward. Guardians and trustees are required to notify the guardianship and trusteeship authorities of a change of place of residence. Guardians and trustees are obliged to take care of the maintenance of their wards, provide them with care and treatment, and protect their rights and interests.

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Every child has the right to live together with his parents, except in cases where this is contrary to his interests. The place of residence of children in the event of separation of parents is established by agreement of the parents. The place of residence of children under 14 years of age or citizens under guardianship is the place of residence of their legal representatives - parents, adoptive parents or guardians (clause 2 of article 54, clause 3 of article 65 of the Family Code of the Russian Federation, clause 3 of article 65 of the Civil Code Code of the Russian Federation).

Is it possible to register a child without the consent of the owner?

Most disputes between parents regarding the choice of place of registration of the child end in registration without the consent of the objecting party. Moreover, a document such as the consent of a parent who prevents this procedure is not required by law. This way the issue is resolved if:

If the spouses do not own the apartment where they live as owners, but are registered in it, then the consent of the owners to register the child is not necessary (Article 70 of the Housing Code of the Russian Federation). Especially if the child is newborn. After all, according to the law, the baby must live with his parents. It is impossible to register a minor child separately from his parents.

What does the legislation say?

Is it necessary for the child to be registered with the mother? The answer to this question is clear: no, registering a child with his mother is not at all necessary . The child may be registered with one of the parents.

What legislative acts regulate the registration and residence of a child with the mother? The rules and procedure for children are explained and enshrined in law by the following legal acts:

order No. 208 of September 20, 2007, Federal Migration Service of the Russian Federation;
“Rules for registration and deregistration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation” Art. 28;
Civil Code of the Russian Federation, Art. 20, 65;
Decree of the Government of the Russian Federation of July 17, 1995 N 713.

Children are also citizens of the Russian Federation, the main points of the procedure are the same as the rules for registration of adults , although there are also some nuances.

You can learn about whether it is possible to register a child separately from his parents, and how the issues of registering a child are resolved if the parents are not married, from our articles.

Registering a child without the father's consent

The responsible employee of the migration service will set a date when it will be possible to pick up the completed documents with all the stamps. State duty is not paid in this case. In addition, it is necessary to understand that as soon as the mother is discharged from the living space in which her children are registered, their registration is automatically removed after her.

Migration service employees often require the presence of both parents when registering a child or the written consent of the father, in the absence of which they may refuse registration. In this case, the mother may demand a written refusal to register without the father’s permission and will go with him to file an application in court, since they have no right to refuse registration on these grounds.

How to register a child with his father without the consent of the owner

passports of both parents (they are taken away during registration) and their photocopies;

the child’s birth certificate, which must contain a note on citizenship and a copy thereof;

application from the father to register the child;

a certificate from the mother’s place of residence stating that the child is not registered with her;

a statement from the mother that she is not against the child’s registration with the father;

an extract from the EIRC and the passport office at the place of residence of the spouses.

When registering a child, the consent of the homeowners or other persons living with him is not required. If the registration authorities require such consent and, on this basis, refuse to register the child, take a written refusal from them and go to court.

How to apply for registration - procedure algorithm

Find out the necessary registration requirements. Necessary to find out:
which persons must personally appear for registration and give permission.
Prepare the necessary documents:
Departure sheet (if the citizen has previously left his previous place of residence).
Documents confirming ownership of the apartment (agreement, registration certificate, extract from the Unified State Register of Real Estate, social tenancy agreement).
Marriage certificate.
Permission from the guardianship authority (if necessary).
Notarized power of attorney (if there is a representation).
Permit-coordination of housing standards per resident, issued by the local government (if social rent).
Visa or migration card (if the registered citizen is a foreigner).
Select a document submission location. The registration procedure itself is carried out by the territorial division of the Main Department of Migration of the Ministry of Internal Affairs. But third-party organizations are engaged in accepting documents. The client independently chooses through which authority to submit documents:
through the MFC (within 8-9 days);
through the government services portal (from 3 to 7 days).
Direct submission of documents. All mandatory participants are required to appear in person or their representatives by notarized power of attorney. In addition to the above papers, you will need to fill out additional acts:
- application (on a standard form);

When applying through the State Services portal, the application is submitted electronically (read about the nuances of registering a child at the place of residence through the State Services portal here). Representatives of the Main Department of Migration Affairs of the Ministry of Internal Affairs are obliged to invite the applicant and other persons to the selected territorial office to submit the entire package of papers. The invitation arrives by email within 3 days.

Regardless of the body that is responsible for the reception, specialists take only copies of documents, checking them with the originals. The only document taken in the original is a passport.

Receiving a passport with a stamp indicating the new place of registration.

How to register a person in an apartment without the consent of other owners

application form for temporary registration (a sample application is provided by the FMS);
residential rental agreements;
passports;
certificates of parents for temporary registration at the specified address;
marriage (divorce) documents;
child's birth document;
certificate that the child was not registered with the father (mother) (although the FMS can receive it through electronic registers).

In the first case, a person becomes the owner and receives legal rights to registration in an apartment (house). If each of the co-owners uses separate rooms in an apartment, then such an apartment can be considered communal, and he has the right to register any person with him without the consent of the others.

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Rules for registering a child at the place of registration of the mother

When a baby is born, you need to quickly resolve the issue of his registration . If dad and dad live together, and both are registered here, then there are no questions.

And if the parents have registration in different areas, or get divorced, then how to register the child with the mother in order to do everything correctly and not waste time, which is already lacking? How much will the procedure cost?

Find out on our website how to register a child with his father or grandmother, as well as how to register a child temporarily at his place of residence.

Is it possible for a mother to register a child without the consent of the other owner?

Moreover, a document such as the consent of a parent who prevents this procedure is not required by law. This way the issue is resolved in the case of . if: That is, if the apartment belongs to both parents, and for example. the father opposes the registration of the child, then the mother can, without his consent, draw up a document to register the baby in the apartment where she lives. Good to know .

According to Art. 246 of the Civil Code of the Russian Federation, the disposal of property in shared ownership is carried out by agreement of all its participants. A participant in shared ownership has the right to sell at his own discretion. donate, bequeath, pledge your share or otherwise dispose of it in compliance with its alienation for compensation, the rules provided for in Article 250 of this Code. Article 250 of the Civil Code of the Russian Federation provides that when a share in the right of common ownership is sold to an outsider, the remaining participants in shared ownership have a preemptive right to purchase the share.

Is it possible to register a child without the consent of the owner?

Despite the fact that the issue of registering a child seems simple, there are practically nuances that significantly slow down this process. The most pressing question that arises after the parents divorce is who the child will live with and where he will be registered. The simplest option is an agreement between the parents for the child to live with one of them. If such an agreement cannot be reached, you have to go to court. The judge in such a process can hear the opinion of the child if he is 10 years old. And only after the court makes an appropriate decision, one of the parents in whose favor it was made can register the child with them. There are situations in which one of the parents does not give his consent to the child living with the other.

The registration authorities consider such an application for three days, after which they issue a certificate of registration at the place of residence determined by the parents, Form No. 8. It will be an attachment to the birth documents. The birth certificate may not contain any marks other than the citizenship stamp. This registration option is the simplest. However, there are families in which the issue of child registration is complicated by the divorce of the parents. Let's consider the option in which the child needs to be registered with his father.

Timing, cost and result

The average waiting time for such a procedure is 5-6 days . However, the fastest result can be achieved by contacting directly the department of the Main Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation.

They will complete the entire process in 3 days . In other cases, you will have to wait about 6-7 days, and when submitting an application via the Internet, it can take up to 9 days.

The procedure can be completed faster if the employment of employees of the selected body is low.

The child’s representatives will not incur any obligatory expenses, since the law does not establish payment for obtaining registration . The procedure is performed free of charge and is not subject to taxes or duties.

What documents are issued as a result? If for an adult the result is a stamp in the passport , then for a minor under 14 years of age who does not yet have such a document, a special certificate

indicating the place where it is registered.

Accordingly, for a minor from 14 to 18 years old, a stamp will be affixed to the passport. No notes are made on the birth certificate.

For information on how to obtain a certificate of your child’s place of registration using Form No. 9, read our article.

Housing Consultant

Question: Good afternoon, my name is Maria. I live in Moscow, where my son and I do not have registration. My ex-husband now lives in his own apartment, and my child and I are forced to rent a house. It is not even possible to provide papers for the school, since there is no registration. Tell me, how can I force my husband to pee the child at home?

It should be taken into account that Federal Law No. 5242-1 defines two types of registration : at the place of residence and at the place of residence. Persons are required to register a minor in the apartment where they are permanently registered. At the same time, there are no restrictions on the temporary registration of a child, but only within the limits specified for parents.

Elena Mishchenko, head of the city real estate department, answers:

Permission for temporary registration is possible only with the consent of all owners. If the child’s father and his sister are against your registration, then, unfortunately, you will not be able to register for this living space. But if you actually live in this living space with your son, then in this case you can try to resolve the issue by going to court with a corresponding application. If the court makes a positive decision, you will be registered in an apartment at your place of residence.

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