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Some issues of execution of a court decision on determining the place of residence of a child and determining the order of communication with a parent living separately

Kuznetsova Natalia Vladimirovna  (senior lecturer, Vladimir law Institute of the Federal penitentiary service of Russia)

Barinov Andrey Viktorovich  (PhD (Law), Associate Professor, Vladimir Branch of the RANEPA; Vladimir law Institute of the Federal penitentiary service of Russia)

Ryabova Olga Alekseevna  (Teacher, Vladimir law Institute of the Federal penitentiary service of Russia)

The article is devoted to the study of the issues of enforcement of a court decision on determining the place of residence of a child and determining the order of communication with him by a parent living separately. The analysis of scientific literature and judicial practice shows that it is not always the receipt of a court decision on the order of communication with a child that guarantees its execution by both parents. In this connection, bailiffs have to apply measures to search for the debtor and the child held by him, which may negatively affect the child. For the timely execution of court decisions on disputes about the upbringing of children in the work, it is proposed to apply interim measures for the period of consideration of the case in court and the regulatory consolidation of the order of interaction between the bailiff service and the guardianship and guardianship authorities. The paper gives an assessment of the proposed in the scientific literature and draft laws on the introduction of new measures of responsibility for non-enforcement of court decisions on disputes about the upbringing of children.

Keywords:execution of court decisions, dispute about children, place of residence of the child, legal responsibility.

 

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Citation link:
Kuznetsova N. V., Barinov A. V., Ryabova O. A. Some issues of execution of a court decision on determining the place of residence of a child and determining the order of communication with a parent living separately // Современная наука: актуальные проблемы теории и практики. Серия: ЭКОНОМИКА и ПРАВО. -2022. -№01. -С. 154-158 DOI 10.37882/2223-2974.2022.01.23
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