Determination of the child’s place of residence


Several years ago, in the course of court proceedings on the dissolution of the marriage between the spouses and the determination of the place of residence of their minor child with one of the parents, the court decided to dissolve the marriage between the spouses, determine the child’s place of residence with the mother, and recover alimony from the father for the maintenance of the child. However, after the divorce of the parents, the child actually lived with the father, who took care of the child, engaged in his upbringing and maintenance. As a result, the child’s father decided to file a lawsuit against the former wife to change the child’s place of residence, to pass the child to the father for upbringing, to recover alimony for his maintenance from the former wife and to release the father from payment of alimony.


Infralex lawyers represented the interests of the child’s father, a foreign citizen (of an "unfriendly" state). Infralex lawyers had the task of persuading the court to change its own earlier decision concerning the determination of the child’s place of residence with his mother. In the course of the case, the court was presented with reliable evidence of the fact that the child’s mother had not been taking care of the child for a long time, was not engaged in his upbringing and maintenance, and that the child’s care had been entirely taken over by his father. The guardianship and custody authority supported the claim of the child’s father in full.


The court decided to satisfy the claims of the child’s father in full.