Is it possible to re-register a child without the father’s consent?

In order to obtain a care allowance, obtain a certificate for mat. capital, compulsory medical insurance policy, INN, SNILS of a newborn, as well as solutions to other tasks and problems, it is necessary to register a minor at his place of residence, called registration.

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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.

Re-register the child

1. How to register a child with his grandmother.
2. Can a spouse transfer a child to another place without the husband’s consent?
3. How to re-register an incapacitated disabled child. The child is 16 years old.
4. How to transfer a child to his mother without the father's consent?
5. And if he wants to transfer the child to another city, will my consent be needed?
6. Is it possible to transfer a minor child to another apartment?
7. How can I transfer a child from my ex-husband’s apartment to my place?

If it is difficult for you to formulate a question, call, a lawyer will help you: Free from mobile and landline Free multi-channel telephone If you find it difficult to formulate a question, call a free multi-channel telephone, a lawyer will help you 1. Is it possible to transfer a minor child to another apartment.

1.1. The parent can register

What the law says

The guarantor of the rights of a minor to housing are the Constitution of the Russian Federation and the Family Code.

According to these documents, a citizen under 18 years of age has the right to live with his parents or legal representatives at their place of registration. In addition, he acquires rights to their real estate.

Legal representatives are required to register the child in their own or municipal housing at the same address where they themselves live. Monitoring compliance with this provision of the Civil Code of the Russian Federation (Article 20) by guardianship and trusteeship authorities.

If the father and mother live and are registered at different addresses , then the child is registered at one of these addresses (we talked about whether it is possible to register and discharge a child from the apartment of one of the parents without his consent here). At the same time, the consent of all residents of the apartment where he will be registered is not necessary (Article 70 of the Housing Code of the Russian Federation).

Terms and legal grounds

It’s worth saying right away that it is possible to deregister a baby from the father’s apartment and register it in the mother’s property, but this must be done correctly. According to Article 20 of the Civil Code of the Russian Federation, discharge occurs legally if the minor is subsequently registered with one of the parents.

It is impossible to organize deregistration “to nowhere” or to strangers, since the baby must live either with his parents or with legal guardians.

What conditions should parents necessarily observe when organizing such a process?

1. Deregistration occurs either with the consent of both parents through the migration service, or with the consent of one of them through the court.
2. If a child is registered in a property located in another city or even another area, the guardianship authorities have the right to ask about the wishes of the child himself. If a minor does not want to change schools and areas of residence, adults may have their deregistration request denied.
3. You need to register your baby in an apartment of the same size or in a property with better conditions. If a baby is discharged from a separate apartment and assigned to a communal apartment, then this is considered a violation of his civil rights.
4. Deregistration from privatized housing occurs exclusively in court, since the child has rights to a share of ownership in the apartment.

Usually, a similar question about discharge and registration from father to mother arises if the parents get divorced. The issue of where the baby will be registered can be resolved both through the court and through the migration services, and here everything depends on the mutual consent of the adults.

Next we will talk about whether a father has the right to remove his child from the apartment after a divorce.

Deregistration of minors

The main conditions that must be met when discharging and registering a child include:

1. Discharge from the father's house is possible only with subsequent registration with the mother.
2. The procedure must take place with the consent of the minor (the survey is carried out by the guardianship authorities).
3. 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).
4. 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.

What do you get after deregistration?

After completing the deregistration procedure, adult citizens receive a passport with a new registration, or a certificate with an instruction to register within a month. A citizen who is not yet 14 years old receives a Certificate of Registration.

On our website you can also find the following material:

• Discharge of a child from an apartment when parents divorce.
• Can a father discharge a child without the mother's consent?
• How to discharge a minor from his mother’s home and register him with his father?

Divorce of parents

If the living space belongs to the father, and after the dissolution of the relationship the son or daughter remains with the mother, then it is reasonable to assume that the young child will be discharged. But this doesn't always happen. If the ex-wife has the opportunity to deregister from her husband and register at a different address, then there should be no problems. But women do not always have the opportunity to do this with a child and it will not work out anywhere, especially since a minor has the right to stay with his father, because he does not lose kinship with him.

As practice shows, such issues are most easily resolved peacefully. It will only be possible to discharge an ex-wife and child in court if she has property that she owns. And in the absence of such, and even if there are financial problems, the man will have to wait for their resolution and only then initiate discharge.

How to register a child without the consent of the father

Article 20 of the Russian Civil Code specifies that children under 14 years of age must be registered in the place where their parents live. In the same case, if they live at different addresses, the registration of the minor is carried out at the place of residence of the mother or father. Article 61 of the Russian Family Code states that both parents have equal rights regarding the child.

The birth of a child is the basis for the registration procedure at the place of residence of one of the parents. To begin the process, you must obtain a birth certificate for the baby. It will be issued from the registry office, the basis for this will be the presence of the parents’ passports, marriage certificate and birth certificate issued at the maternity hospital.

Place of residence of the child

Children need constant adult care; they cannot provide for themselves either in terms of safety or financially. Responsibility for the life and upbringing of minors falls entirely on the parents, and in their absence, on the guardians or adoptive parents. In this regard, legal norms determine that children must live with their parents.

In accordance with the Civil Code of the Russian Federation, newborn children must be registered at the place of residence of the parents within one month. Subsequently, the registration addresses may change, but the child can still be registered only at the place of residence of his parents or one of them. This procedure continues until the child turns 14 years old, when he receives a passport. From the age of 14, children have the opportunity to conditionally choose; they can register separately from their parents, for example, with their grandmother, if the father and mother give their permission to this procedure.

Until the receipt of a passport, a child can be registered exclusively at the place of residence of the father or mother. When parents have different registration addresses, the issue of registration is decided by the two parties jointly, unless there is a court decision to determine the place of residence of the minor.

Re-registration of a child from father to mother

Rules for registration and deregistration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation and the list of officials responsible for registration, approved by Decree of the Government of the Russian Federation of July 17, 1995 No. 713.

These regulations, or at least the Rules for registration and deregistration of citizens of the Russian Federation at the place of stay and place of residence, can be viewed at any time if you have access to the Internet.

4. Law of the Russian Federation of June 25, 1993 No. 5242-1 “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation.”

A 3-month-old child was registered at his father’s place of permanent residence (the mother has a father and the father is not the owner), the mother is registered in another city (with her mother), the child lives with the mother. The question is whether the child’s mother can re-register him at her place of registration without her husband’s consent and automatically discharge the child from the place of previous registration (from the father’s place of registration) Thank you!

Firstly , in Russia, “registration” and “extract” for citizens in residential premises were abolished more than 20 years ago or almost immediately after the collapse of the USSR. It’s high time to forget about these concepts that have not existed in Russia for more than 20 years.

How to discharge a child from his father’s apartment and register him with his mother?

It is permitted by law to discharge children from the apartment of one of the parents and register them with another.

But this procedure must be carried out correctly.

The main thing is that after this the child is registered at the place of registration of one of the parents (Article 20 of the Civil Code of the Russian Federation).

Registering minor children with strangers (even relatives) is prohibited.

Article 20. Place of residence of a citizen

1. 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.
2. 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.

To remove a child from the father’s apartment, parents must comply with the following rules:

• if the mother or father does not consent to discharge, you can go to court;
• when the new place of residence is in another district of the city or town, the child’s opinion may be needed during the procedure;
• living conditions in the new apartment must be no worse than the conditions at the minor’s previous place of residence;
• if a child is registered in a privatized living space, then he can be discharged only if the court decides so.

In other words, it is impossible to discharge a minor into worse conditions or to register him in a living space where at least one of the parents is not registered. Can a father expel an adult child from the apartment?

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If the child has reached the age of majority, then the father cannot discharge him without his consent. It is possible to resolve the case through the court, but if the person being discharged has the right to a share of the real estate, it will not be possible to discharge him.

Important: most often the question of discharging children arises when parents divorce. And the procedure depends on whether the adults come to mutual agreement.

How to re-register a child from father to mother

No no need. Because you are the owners and have the right to use the apartment, including for registration (Article 30 of the Housing Code of the Russian Federation) without any additional consent.

You do not need it for your registration as an owner, but in relation to a child you will need it in accordance with Article 65 of the Family Code of the Russian Federation, since the place of residence is determined by agreement of the parents. According to paragraph 3 of Article 65 of the Family Code of the Russian Federation, according to which: The place of residence of children in the event of separation of parents is established by agreement of the parents.

Decree of the Government of the Russian Federation dated July 17, 1995 N 713 (as amended on May 25, 2017) “On approval of the Rules for registration and deregistration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation and the list of persons responsible for reception and transfer to the registration authorities of documents for registration and deregistration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation"

If you are the mother of a child and are registered at the place of residence at the same address where you want to register your child, then the fastest way is to use the government services portal. On the portal, fill in all the necessary information and submit your application. Then you will need to go to the appropriate police department once or twice. In total, the entire procedure usually takes no more than a week.

An interested person has the right, in the manner established by the legislation on civil proceedings, to apply to the court for the protection of violated or disputed rights, freedoms or legitimate interests. (Part 1 of Article 3 of the Code of Civil Procedure of the Russian Federation)

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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 :

1. The first step is to obtain consent from the guardianship staff (the mother must write an application requesting the procedure).
2. Next, the father’s written consent is taken.
3. 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.
4. 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).
5. 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.

Step-by-step instructions for checkout

Let us consider in detail how to discharge a child from the mother’s apartment and register him with the father, or vice versa.

From father to mother

The procedure for discharge from father to mother has its own step-by-step regulations.

1. It is necessary to draw up a package of documents that will be needed for the extract.
2. The mother must write an application to the guardianship and trusteeship authority, upon receipt of which the authority must allow such a procedure to be carried out.
3. We obtain consent from the father for the discharge.
4. Together with a package of documents, permission from the guardianship and trusteeship authority, consent, you must come to the passport office and re-register the child in another living space together with the mother.

This is an ideal situation. However, if dad does not give his consent, then you need to take a different path .

• After receiving permission from the guardianship and trusteeship authority, you must go to court. To do this, you write a statement of claim and submit it along with documents to the court office.
• The court considers your claim within one calendar month.
• After this, you are invited to a court hearing together with the defendant, represented by your father.
• The court considers the parties' arguments and analyzes what is best for the minor. A decision is made that is binding.

If the decision is not made in your favor, you can appeal to a higher court within 10 calendar days.

From mom to dad

Reference. Article 70 of the Housing Code does not prohibit the registration of a child from mom to dad, especially if both parties agree to this action.

Article 70 of the RF Housing Code. The right of the tenant to move other citizens into the residential premises he occupies under a social tenancy agreement as members of his family

1. The tenant, with the written consent of his family members, including temporarily absent family members, has the right to move into the residential premises he occupies under a social tenancy agreement his spouse, his children and parents, or with the written consent of his family members, including temporarily absent members of his family, and the landlord - other citizens as members of his family living with him. The landlord may prohibit the move-in of citizens as members of his family living with the tenant if, after their move-in, the total area of ​​the relevant residential premises per member families will be less than the accounting norm. The consent of the other members of the tenant's family and the consent of the landlord are not required to move in with the parents of their minor children.
2. Moving into residential premises of citizens as members of the tenant's family entails a change in the relevant social tenancy agreement regarding the need to indicate in this agreement a new member of the tenant's family.

In the event that a mother has kicked her son out of her apartment, the consent of the baby’s father is not required, only the mother’s desire is important (read about whether a parent can kick a child out of an apartment during a divorce here). Such an action must be carried out in accordance with the following algorithm .

1. First of all, you need to notify the guardianship and trusteeship authorities about the upcoming action by submitting an application.
2. Then you must go to the passport office together with the owner of the apartment, represented by the father, and there write an application for registration of the child, and submit the appropriate documents for this.
3. The mother's written consent must be attached to the documents.
4. The passport office processes documents in just a few days. If there are differences in the registration procedure, please write about it. The difference between these two procedures is that in any case, the mother’s consent is required to carry out such an action. Then, when the father’s consent is necessary only when it comes to discharging the baby from his living space.

If there is a dispute between the parents about where the baby will live, and consent has not been obtained from one of the parents, then the issue is resolved in court.

The court has the authority to hear such cases and also make a decision on where the child will live. Upon the fact of the court decision, documents will be drawn up through the participation of bailiffs.

The court's decision is mandatory. If there are no disputes between the parents, but an agreement has been reached, moreover, there are all established consents, then the issue of discharge and subsequent re-registration of the child is resolved at the passport office , during the submission of documents and applications.

How to register at a different address?

The simplest option for discharge is to immediately submit an application for registration of the child in another place without discharge. Then the structures of the Ministry of Internal Affairs themselves transmit data about the new registration, and the minor is discharged from the previous place.

Important! In this case, a child under 14 years of age can also be registered exclusively with his parents.

What papers will be required?

To change a child’s registration, you must provide the following documents:

• birth certificate;
• passport (from 14 years old);
• document of the person who is the legal representative of the minor;
• statement of intention to remove the child from registration.

The application is drawn up randomly.

This is a comprehensive list. That is, the passport structure cannot require additional certificates or consents. It also does not change depending on the form of real estate.

Who is applying?

1. For children under 14 years of age, the application must be submitted by parents or persons replacing them. The child himself does not have to be present.
2. Children over 14 years of age have the opportunity to submit applications themselves with the consent of their representatives.

The application indicates the address where the child will be registered in the future. If there is none, for example, the family leaves for permanent residence in another country, the reason for the discharge is described.

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Where to go

In order to register a newborn citizen of Russia at his place of residence, the interested person can choose to personally contact the following organizations:

1. Passport office (to the passport officer) of the Management Company, Homeowners Association, other housing management department of the house where the child is registered.
2. FMS Department.
3. Any branch of the MFC on the territory of the administrative entity where the child is registered.

In addition, according to the law, you can send an application for registration with the necessary attachment through the electronic reception offices “State. MFC.

Documentation

The Rules for Registration of Citizens in force for 2020, approved by the Decree of the Government of Russia, as well as the Administrative Regulations for the provision of services by the Federal Migration Service according to registration. Citizen registration has established an exhaustive list of documents that must be submitted by the legal representatives of a newborn in order to register it.

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1. A birth certificate for a minor (issued in the civil registry office immediately upon application by one or both parents; must be received by legal representatives no later than a month from the date of birth of the child), or about the establishment of guardianship.
2. Identity document of a citizen of the Russian Federation (USSR).
3. Completed and signed application form No. 6.
4. Document - the basis for moving into housing (statement of the copyright holder who provided the premises for living, lease agreement, certificate, etc.).

Remember: citizens have the right not to present the specified basis document when registering a child, since the registration authority itself can request it as part of interdepartmental interaction.

Thus, if the owner or responsible tenant, where one of the child’s parents is registered, prevents the registration of a newborn in the apartment by failing to provide a certificate of ownership, a social contract. renting housing, the parent has the right not to submit them to the Federal Migration Service. In this case, registration will not be refused.

It is better to do the following with the house register (when registering in a private household): buy its form at any branch of Rospechat and submit a new copy for registration.

It would also be unlawful to require the applicant to provide, for example, an extract from the home book, a certificate of the status of the personal account, or the absence of arrears in payment for utilities, since these documents are not included in the closed list established by law.

The registration procedure lasts up to 7 days. The presence of a child's registration is confirmed by the issuance of the established form of certificate.

Consent of the other parent

The father's consent to a change of residence address is necessary in all cases, unless he is deprived of parental rights by court. This consent can be expressed in several ways. The easiest way is to go to the Ministry of Internal Affairs together. In this case, the passport officers do not have any questions, and the man expresses his consent with the passport provided. If the father is unable to be present at the discharge in person, he is required to sign an agreement to carry out this operation. It must be notarized. In this situation, the woman acts as a representative of her ex-husband.

In conflict situations, when the parties cannot come to a common denominator, disputes are resolved in court. The father or mother can file a lawsuit to resolve the issue of the child's place of residence. Many factors are taken into account, including the opinion of the child himself.

Can a father remove his children from the apartment without the mother’s consent?

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.

It is possible to remove a minor from registration without paternal consent in such cases:

1. There is no information about her whereabouts;
2. Living with the father poses a risk to the life and health of the child;
3. The mother has been deprived of parental rights;
4. The mother is serving a prison sentence.

Is it possible to register a child without the consent of the father and how to do it

If a child is not registered, they will have serious difficulties in exercising the rights that they have under the Constitution and other legislative acts. The lack of registration does not mean that a person is deprived of such rights, it will only be problematic for him to exercise them.

However, when parents divorce, the interests of the child are often of little concern to the father who has left the family. How to solve the problem of registration without his participation? The other parent or any other legal representative of the child actually has the right to register a child without a father.

Resolving the issue in court and correctly drawing up a statement of claim

If the baby’s parents were unable to reach mutual agreement, or if the guardianship authorities or migration services refused to discharge the child, adults will have to go to court.

Also, the issue will have to be resolved through these authorities if the father wants to discharge the baby from his home without the knowledge of the mother. Each of these cases has its own nuances, but the decision is almost always made in favor of the child.

If the father wants to prove that the baby does not live at the registration address, he needs to visit local schools and kindergartens, as well as a clinic, receiving documentary evidence of his words.

To go to court, you will have to fill out a special application in which the plaintiff must state his own claims in free form.

Despite the fact that the application form is free , the idea must be stated accurately and clearly, otherwise the court will reject the paper and the case will not be considered. Experts recommend immediately contacting a lawyer to draw up a statement of claim.

Next, the court examines the paper, assessing its legality. The decision to set a date for the hearing is made within a week, and the plaintiff is informed about it.

If the minor is over ten years old, the court has the right to hear him as a witness. The child’s opinion on this issue is considered a priority.

During the consideration of the case, the plaintiff will have to provide all documents confirming the need to remove the baby from his father’s apartment and register him with his mother. Resolving the case in favor of the plaintiff will be especially difficult if the baby still lives in this apartment, and the father is trying to violate his legal rights.

Is it possible to challenge a court decision?

If the court refuses to discharge the minor and register him with his mother, there is no need to despair. The plaintiff must file a request for a retrial, which the court does not have the right to refuse. But in order not to waste his time in vain, a person should immediately prepare new documents confirming the validity of his statements.

You can also appeal to the magistrates' court if the next time the decision made by the courts turns out to be not in favor of the plaintiff.

However, if the rights of a minor child may indeed be violated in the event of discharge, the court is unlikely to make a decision in favor of the plaintiff.

Discharging a child from an apartment is not easy, even if we are talking about his further registration with his mother, because the guardianship authorities and migration authorities are extremely prudent in these cases. However, without violating the rights of a minor and taking care of his interests, adults will be able to organize the procedure without any problems.

State duty and deadlines

It was already mentioned above that the plaintiff will have to spend 200 rubles on the state fee for considering the case. The payment receipt must be attached to the documents, otherwise the case simply will not be considered. also have to spend money on drawing up a statement of claim and representing a person’s interests in court.

In addition to the parents and the minor himself, representatives of the guardianship authorities must be present at court hearings regarding deregistration. They protect the interests of the child and monitor the legality of decisions made by the court.

In general, the consideration of a case with all meetings takes 1-2 months. If there is mutual agreement to be discharged, the issue will be resolved by the migration service within a maximum of 2 weeks.

That is why parents should go to court only in extreme cases in the presence of serious contradictions, since in this case they will lose a lot of time on bureaucratic delays.

Difficulties you may encounter

The process of discharging a child from the father’s apartment may be delayed under the following circumstances:

• There is no consent from the guardianship authorities;
• The child refuses to register with the mother (the opinion is taken into account if the son/daughter is over 14 years old);
• The mother's living conditions are worse than the father's;
• One of the parents does not consent to the procedure.

In all these cases, you will have to contact the judicial authorities . The court considers each specific case individually. When making a decision, the interests of the minor are primarily taken into account.

Judicial order

To go to court on the issue of removing a child from his father’s apartment, you will need to collect a package of documents. So, the following should be attached to the claim:

1. Parents' ID cards.
2. Child's documents (passport, birth certificate).
3. Certificates of ownership.
4. Guardianship approval (if any).

In addition to the main documents, the application can be supplemented with materials confirming the plaintiff’s position. To file a claim, you will have to pay a fee of 200 rubles (a receipt for payment is sent along with the application). The period for consideration of papers does not exceed 30 days , after which a date for a meeting is set, where the issue of the legality of the child’s removal from the father’s living space will be decided.

Registering a child without the father's consent

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The process of registering a child will require collecting and preparing a certain package of documents in advance along with the parent’s application. The processing time for an application ranges from three to ten working days, but no more.

Can an ex-husband expel a minor child from the apartment?

Can a father expel a minor child from the apartment?

Theoretically, the father can initiate the procedure for removing the children from his living space.

But does a father have the right to remove his child from the apartment after a divorce according to the law? For such an extract to be absolutely legal, he must comply with certain conditions.

The baby can be discharged if:

• he does not live at the registered address for a long time;
• the apartment is not privatized, which means the child is not a co-owner;
• he is discharged with the intention of being registered with his mother.

There are situations when the father decides to discharge the child, but the mother does not give her consent. By law, he has the right to draw up and file a claim.

But the man must have serious reasons for discharging the minor, otherwise the judge will rule in favor of the child.

If the reason for discharge is the sale of privatized housing, then the children have the right to a share of the new property.

If the initiator is the mother, and the father does not agree to the procedure, then she will have to prove the need for discharge using a statement of claim. Most often, mothers justify the removal of children from their father by poor living conditions. But before going to court, the guardianship authorities must check this fact.

After the minor is discharged, he must be registered at his new place of residence within a week. To do this, you need to bring his birth certificate, personal documents of the parents and an extract from the house register to the passport office.

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.

Features and nuances

The above instructions apply when it comes to a privatized apartment. If it is necessary to discharge a child from a municipal apartment, then in order to carry out this procedure it is necessary to provide a new registration address of the parents , and if they live separately, it is necessary to provide evidence that the parent has living space.

If the apartment is not owned by the parents, but by a third party, then if consent for the mother’s registration has been received, or she is already registered at this address, then the owner’s consent for the child’s registration is not required, he is registered together with the mother automatically .

The nuances of registering a child without the father’s consent

After contacting a lawyer, she received advice to obtain the father’s consent to register the child at her place of registration (the apartment is owned). If the father refuses, the mother's next step should be to go to court.

Article 20 of the Civil Code determines that the place of residence of a child who has not reached 14 years of age is the place of residence of the parents or his other legal representatives. Moreover, in the case of registering children, it does not matter what the owner of the apartment thinks about this; if a parent is registered in this living space, he has every right to register the child there.