Victory in a precedent-setting dispute on determining the children’s place of residence

The court of first instance refused both parents to determine the children’s place of residence on the grounds that the children’s parents continued to live together in the same flat after the divorce. Meanwhile, the court recovered alimony for the maintenance of the children from their father.

Our client, the mother, considering this court decision unlawful, appealed against it.

Despite the existing judicial practice of general jurisdiction courts, similar to the decision, our lawyers managed to defend the interests of the mother and her children in court, proving that such decisions of the courts of first instance create legal uncertainty and contradict the interests of the children. During the court consideration of the case on appeal, our experts, by filing a number of reasoned appeals and presenting to the court additional evidence accepted by the court, convinced the court of appeal to determine the children’s place of residence with their mother.