FAMILY DISPUTES AND SOME WAYS TO SETTLE THEM

The realization of the rights of parents in case of separate living relative to the common child is a complex and topical issue in the modern society. Despite the fact that the current family and procedural legislation establishes ways to settle family disputes related to determining the place of residence of children, the procedure for communicating with them when their parents live apart, and the general practice for resolving them is determined by judicial practice, many unsolved problems remain. The article examines the issues of observance of the children’s rights in case of separation of parents, ways to protect them. Practice shows that the rights of children in such situations do not respect or are violated primarily by their parents or close relatives. In addition, they do not always execute the relevant court decisions, which leads to negative consequences for the children and the parents themselves. The authors note that in some cases, the specialists of the guardianship and trusteeship bodies do not have the necessary competence to resolve family disputes, which indicates the need to revise their professional training, role, authority when participating in matters related to raising children, and also characterize as successful participation practice of the ombudsman for children’s rights in the Krasnodar Territory in the settlement of family disputes on the upbringing of children. The article also discusses the use of the mediation procedure as an alternative way to resolve the conflict on the upbringing of children between separated parents. The problem was revealed that parents living separately in a conflict situation both at the initial stage and at the stage of a protracted conflict are not ready and do not want to negotiate on their own or with the participation of an intermediary, but give preference to the proceedings in court. The authors are convinced that the ability of parents to negotiate will be in the best interests of the children, since court decisions do not meet the requirements of one of the parties, which is the reason for their non-performance.

Family disputes, children’s rights, upbringing of children, mediation, court, judicial practice, guardianship and custody agencies, ombudsman for children’s rights in the Krasnodar Territory, protection of the rights of the child, separate living, interests of the child.

Goncharov M. A., Kobylinskaya S. V. Family disputes and some ways to settle them. Business. Education. Law, 2019, no. 3, pp. 275–280. DOI: 10.25683/VOLBI.2019.48.323.