Is it possible to discharge children from the apartment without the consent of the father or mother: how to do it
- information about the participants in the process;
- full name of the judicial authority;
- the essence of the problem, how does the other half motivate their reluctance to agree to the discharge of their son or daughter?;
- requirement to deregister;
- where do you plan to register after this (you must make it clear that the child’s rights will not be violated);
- list of attached documents;
- date, signature.
You will definitely need the help of a qualified lawyer specializing in housing issues. In addition to consultations and assistance in collecting documents, he will help to avoid sharp corners during the proceedings. Especially if it cannot be done without the participation of the board of trustees.
How to Discharge a Child from an Apartment Without the Father's Consent
also have to face difficulties in the event of replacing your registration with a new one, when a child under eighteen years of age moves from housing with a larger area to a smaller one . Such a maneuver may well be regarded by the court as an attempt to violate the rights of the child. If the minor is already the owner of the area, then the deregistration process will be difficult even for the child’s closest relatives – the parents. Another interesting condition is that the apartment in which the minor will be registered must be located in the same area as the child’s current place of registration.
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If the registration of a minor occurred before the privatization of the living space, then the consent of the guardianship authorities is mandatory, regardless of whether the child is the owner of the apartment or not. And again, permission to discharge can be obtained only if guarantees are provided that the child will be registered in a full-fledged living space comparable to the former one.
Registration and discharge of a child in case of divorce
I am the owner of a two-room apartment, in which one is registered. My son is registered at a different address, he recently divorced his wife, they have a child together and my son wants to register him with me, but I am against it. My son says that he can register his child without my consent. Tell me, is this possible?
The mother of a fifteen-year-old son, after divorcing her husband, decided to register him with his grandfather - her father, who was registered in an old five-story apartment building. The mother wanted her son to live near the college where he planned to enroll soon. When the mother applied to the migration authority for registration, it turned out that the house where the grandfather lived was in disrepair and was subject to demolition. Therefore, you cannot register there for permanent residence.
The nuances of a child being discharged from an apartment by the father without the mother’s consent
The application and package of documents are reviewed within a two-week period. If consent to the extract is received, a purchase and sale transaction is drawn up. After registering property rights in Rosreestr, you should contact the passport office to deregister the baby by submitting the following documents:
- the other parent has been deprived of parental rights;
- there is an agreement defining the procedure for the exercise of parental rights by the adult with whom the offspring remains (the document is drawn up on the basis of the requirements of Article 66 of the RF IC);
- a corresponding court decision was made.
Is it possible to remove children from the apartment without the consent of their mother? How to do this through court
- identification documents of the persons involved;
- application for deregistration (if the citizen is 14 years old - then from him);
- documents for the previous apartment;
- consent of the board of trustees (if needed) and (or) another document confirming the legality of the transaction (for example, a court decision);
- departure slip.
- 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.
How to discharge a minor from an apartment
Until a small citizen has reached the age of 10 years, his consent to discharge and registration is not required. In the future, he must confirm that he does not object to this procedure. This applies to cases where a minor is registered in the parents’ apartment. His father and mother cannot deregister him without his consent.
If necessary, they can also be issued if certain conditions are met, but this is done only in court. During the investigation, it becomes clear where the small citizen lives, who is related to the owner of the apartment, how and under what circumstances he was registered in this area, etc. If there are no reasons to prevent this, the discharge of minors is carried out without any difficulties.
Is it possible to deregister?
Minor
Can the father of a minor child be discharged from his home? A minor is a person who has not reached the age of 18 years . In accordance with the Family Code, a person under 18 years of age must be registered in the same living space with his legal representative .
Until a certain time, the baby was registered in the apartment with his dad. If the mother agrees to change the child’s registration and is ready to submit a corresponding application, then he, by re-registering with the mother, vacates the father’s apartment from registered residents.
In addition, it is possible to discharge children under 18 years of age in total if he sells the apartment and checks out of it himself .
Since the law states that the baby must be registered together with one of the parents, the baby is automatically discharged from the housing, but with the condition that he will be registered in his father’s new place of residence, if the mother is not able to register the baby with her .
Of legal age
Can a father expel an adult from the apartment? An adult is a person who has reached the age of 18, which means that he can now independently have rights and bear responsibilities . An adult can be discharged upon reaching the age of majority, either by submitting an application from himself or through the court, if the father insists on discharge, but his child is against it.
If the child does not have a share in the apartment, then, according to all the rules, the court can discharge him without much effort on the part of the father.
Without the child's consent
How to remove a child from his father’s apartment without his consent? If the child is between the ages of 14 and 18 , then he can be discharged if he has the appropriate consent drawn up by him.
However, in the absence of such consent, the discharge procedure cannot be carried out and the father’s only chance to free the apartment from unauthorized residents is to check out himself and sell the housing , or negotiate with the mother about his registration in her place of residence.
Without your consent
Is it possible to remove a child from an apartment without the father’s consent?
If the father does not want to discharge the child from the apartment, but the opposite party insists on this, then the procedure may be feasible if the mother proves that her living conditions are much more favorable for the baby, and also if the guardianship and trusteeship authorities consider her arguments convincing.
How to discharge a son (daughter) from an apartment without the consent of the father? The issue of discharging your son (daughter) in this situation will be decided in court .
Is it possible to discharge a child from the apartment without the consent of the father and register him with the mother?
No father's consent is needed, since the child is discharged and registered with the mother! At the passport office at the place of new registration, fill out a package of documents for registration in the new MF while simultaneously deregistering in the old MF. Sincerely.
135. In cases where citizens leaving for a new place of residence intend to deregister at the place of residence before leaving, they contact the officials responsible for registration with an application for deregistration at the place of residence of any form from each person who has reached the age of 14 (on behalf of a person under 14 years of age, the application is written and submitted by his legal representative
), indicating the address where they are leaving, and also present documents proving their identity.
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Re-registration of a child: basic rule
The main requirement that guides the law in all these cases is that when re-registering the address of a new home, so that after the child is discharged from one place of residence, he is immediately registered in another. The place of permanent registration in the minor’s apartment should not be “hanging.”
Options for deregistering a child depend on the form of ownership of the apartment, as well as his participation in the process of its privatization. If a certain share of the privatized apartment is registered in the name of a child, it is almost impossible to sign him out. Important parameters are also the composition of the family, the age of the child and some others.
Is it possible to discharge a child from an apartment and how is this done?
If the parents have all the rights to dispose of the apartment, then deregistering the child will not be difficult. Coordination of this procedure with the guardianship authorities will not be required, which means that the necessary documents will be limited to the parents’ passports, an application, technical characteristics of the purchased property and a birth certificate. Registration of accounting is similar to the situation considered.
It should be noted that in conditions of separation of parents, in the event of divorce, the written consent of one of the spouses . In this case, consent is given only for a new registration. In this case, the old one will be canceled automatically.
What documents will be needed?
Before contacting government agencies regarding the discharge of your baby, you should prepare the necessary papers. For the guardianship authority you will need:
- information about living conditions in the old and new house;
- baby's birth certificate;
- statement;
- written consent of the minor (in some cases).
For the migration service, in addition to these documents, you need to prepare a decision from the guardianship authority and an extract from the house register. Additional information may be required.
Discharge minors without father's consent
In the judicial system, the following order of communication has now been established: Mon-Fri in the evening from 19:45 to 21:50, children should be at their father’s apartment, the rest of the time these days they should be with their mother. On Sunday and Saturday, 2 times a day, I spend time with my father and spend half an hour at his apartment. The order is purely to extort money, in fact, he doesn’t even come to pick up the children (if the mother pays), the children live with their mother, in the apartment which is the subject of the question.
By the way, what if, as an option, only the mother is discharged as a former family member? Then the children, in theory, will find themselves “without adult care,” they will decide to give them custody to their father and register them with him, but he naturally won’t take them, because he doesn’t care there is no need, and there is no time for them, as well as money for a nanny - so he will sell them inexpensively to his mother, but the apartment will be free and there will be an opportunity to sell/exchange it?
How to discharge a child from his father’s apartment and register him with his mother
There are two ways to change your registration for a minor citizen. In the first case, his representatives must contact the department of the Ministry of Internal Affairs of the Russian Federation, currently authorized to carry out the registration procedure, with an application to deregister the child. In this case we are talking about being discharged to “nowhere”.
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Can a father sign his children out of the apartment? Experts differ in their opinions, but deregistration is permissible if minors have not lived in the premises for a long time (for example, in the event of a divorce of a married couple).
How to discharge a child from his father’s apartment and register him with his mother - procedure and documents
In order to respect the rights of the child, his removal from the apartment is carried out only with the consent of both parents or legal guardians.
- The minor is the owner of the living space or its share;
- The little citizen participated in privatization;
- The apartment is for sale, but the consent of the representatives of the guardianship authorities has not been obtained (more details on how to discharge a child from an apartment during sale);
- The discharge is carried out from municipal housing, and at the new place of registration the child’s living conditions will worsen;
- There is nowhere to register the baby after he is discharged.
A little about the law
Most often, the need to remove a child from his father’s apartment and register him with his mother appears after a breakdown in the family. In most cases, the relationship between spouses after a divorce leaves much to be desired; such a situation can only complicate the already difficult process of deregistering children.
According to Article 20 of the Civil Code of the Russian Federation, a child can be discharged from the apartment of one parent only with subsequent registration with the other. Discharge “to nowhere” in this situation is prohibited by law.
When discharging children from the home of their father or mother, a number of other conditions must be met, without which a successful outcome of the procedure is impossible. Let's consider the rules for deregistering persons under 18 years of age.
Deregistration of minors
The main conditions that must be met when discharging and registering a child include:
- Discharge from the father's house is possible only with subsequent registration with the mother.
- The procedure must take place with the consent of the minor (the survey is carried out by the guardianship authorities).
- The discharge process through the Federal Migration Service is possible only with the consent of both parents (in other cases you will have to go to court).
- It is possible to register a child only in similar or more comfortable housing.
Only if all points are met, the deregistration of a minor can be considered legal . There are special cases, such as: discharge from privatized housing, moving to another city, in which the list of items will be a little wider.
General information about discharging a minor child from an apartment is described in this article.
How to expel a child from an apartment without parental consent
If parents do not intend to register their child, they bear administrative responsibility for violating the law and are required to pay a fine, the amount of which reaches 3.5 thousand rubles. In this case, the child will be denied access to kindergarten, school, child benefits, and medical services.
If the parents are divorced and the baby is registered in the living space of the father, who does not consent to discharge, the mother can file a claim with the judicial authorities to discharge the child to the mother, having first received the consent of the guardianship authorities.
How should a child be “rewritten”?
The basic law that regulates the process of deregistration of citizens is PP No. 713 of July 17, 1995. It does not indicate whether the other parent must consent to the procedure. However, it will be easier to discharge the child from the father’s apartment and register him with the mother if the parents come to a peaceful agreement and do this through the Federal Migration Service.
If one of the parents does not want to deregister their son/daughter, he can submit an application to the local guardianship authorities and demand the cancellation of the deregistration stamp.
If the father and mother were able to agree among themselves, FMS employees will deal with the discharge of the minor. If all the conditions for removing a child from registration are met, the algorithm will look like this :
- The first step is to obtain consent from the guardianship staff (the mother must write an application requesting the procedure).
- Next, the father’s written consent is taken.
- Documents for apartments are collected (from which they are checking out and into which they are registering) - a rental document, a certificate from the Unified State Register of Real Estate or a social tenancy agreement.
- An application is written to the FMS (if the child is over 14 years old, the application is written by himself, if he has not reached this age, the mother writes).
- After reviewing the application, migration service employees make the appropriate entry and affix a stamp (or issue a certificate indicating registration).
Municipal housing
If a mother decides to check her child out of her father’s apartment and register in a municipal apartment, or in a house of which she is not the owner, additional documents may be required - the consent of the responsible tenant to register the minor. It will not be needed if the mother is already registered in the apartment; a minor in this situation will be registered automatically.
You can read more about how to discharge a minor child from a municipal apartment in a special article prepared by our editors.
If a child moves from a municipal apartment to a privatized house, the only thing that may be needed is documents for the living space indicating ownership.
Privatized real estate
It is more difficult to discharge a child from privatized housing, because he can lay claim to part of the living space. If the mother decides to remove the child from the apartment she owns and register her in rented housing, the guardianship staff will most likely not give consent to the procedure. In this situation, there is only one way out - going to court.
When applying to the courts, the mother must have evidence that the child, after being discharged from the privatized apartment, will find himself in more favorable conditions. As evidence, you can provide photographs, video materials, and witness statements.
In a situation where parents decide to expel their child from privatized housing with its subsequent sale, they are obliged to purchase a new apartment and allocate a share in it to their child. There is an option without purchasing housing - the mother and father can deposit part of the money from the sale of a privatized apartment into the child’s account. In any case, the transaction will require the approval of the guardianship authorities.
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There are also situations when the wife paid for her husband, and he did not have an independent income, but this was due to housekeeping, child care, or for other valid reasons. There will also be no grounds for eviction, since according to Article 34 of the RF IC, the spouse had the right to common property and it does not matter who paid the payment.
If a child lives with one of the parents (for example, with his mother), but is registered in another place (for example, with his father), then, in accordance with Art. 20 of the Civil Code of the Russian Federation, “the place of residence of minors under fourteen years of age ... is recognized as the place of residence of their legal representatives - parents, adoptive parents or guardians” and the child can be discharged from a municipal apartment to another parent. This can be done amicably or in court. In the latter case, the consent of the guardianship and trusteeship authorities is required, indicating in the statement of claim that the child actually lives with the other parent.
Father's rights
Does he have the right to discharge his child after a divorce? How to discharge him from his father’s living space without his mother’s consent?
The question of whether a father can sign a child out of his home cannot be answered unambiguously .
Too much depends on the nuances and factors that are inherent in a particular situation.
In fact, if the parents have been divorced for a long time, the child lives with his mother in a separate territory , then he can take advantage of the current situation and try to discharge the baby.
But to do this, it is necessary to obtain the consent of the guardianship and trusteeship authorities (which is not so simple), and also, he must prove that the child has been living with his natural mother for a long time and can be registered with her.
Discharging children from living space will not be a difficult task if both parents agree on the need to discharge the children from one housing and register them in another.
Therefore, having put all the facts together, we can say that it is possible to discharge a son or daughter, but only if there is mutual consent of the parties .
If agreement between the parents is not reached, the nuances of each specific situation come into play, which we will talk about in the following paragraphs.
Read our articles about the specifics of discharging children from privatized and municipal apartments. Also find out whether a grandmother can sign her young grandchildren out of her apartment, and whether it is possible to sign a child out without the mother’s consent.
