5 questions to the lawyer
Legal consultation. The questions of our readers are answered by a lawyer.
Question to the lawyer №1: Is it possible to release the child with the husband and his new wife?
My husband and I divorced and signed an agreement on the upbringing of the child. It says that the father has the right to take his son on leave without me. But he goes not alone, but with a friend who does not have children, and therefore, the skills of caring for them.
To the child of 5 years, he yet absolutely independent. They go to the sea.
I’m worried about his safety. Can I not let my child go on vacation with my father and his girlfriend?
One of the parents has the right to declare his disagreement on the departure from Russia of his minor child – a citizen of the Russian Federation. After this, the issue is resolved in court. The court will verify the validity of such a ban, taking into account specific circumstances, in order to comply with the interests of the child.
The relevant application is submitted personally by the applicant either to the territorial migration administration of the Ministry of Internal Affairs at the place of residence (residence) or to the border control authority or to the diplomatic mission (consular office) of the Russian Federation if the applicant permanently resides outside the Russian Federation. Together with the application, a document proving the identity of the applicant is submitted; notarized copies of documents confirming parental rights. If the documents attached to the application are in a foreign language, a notarized translation into Russian is provided.
It is important that the application is not considered if there is a legally binding court decision on the possibility of a minor citizen leaving Russia. But the agreement concluded between the parents on the right of the father to rest with the child remains relevant and will be taken into consideration.
So, if the mother abuses her own rights, the father can claim damages (the cost of the voucher, air tickets that will have to be handed over). To minimize their size, it is recommended to notify the second parent in advance of the application of the relevant prohibition in advance with a confirmation in receipt.
Keep in mind that the ban on leaving the country is the reason for refusing to issue (issue) a child with a passport before removing the reasons for the refusal.
Question to lawyer number 2: informal marriage – an obstacle in obtaining an inheritance?
We have been living for 25 years, we have a common farm, we raised a daughter, but we have not been painted. And moreover, my partner is not divorced from his first wife.
Those who resist, fire. How legitimate is the employer's actions?
And is there any way to stop this disgrace? Is it possible to return what he did not pay?
The employer's actions are illegal, as in accordance with Art. 128 of the RF Labor Code leave without pay is granted for family reasons and other valid reasons to the employee on his written application.
If he does not have a need for an employee, he can send him to the forced simple, but pay 2/3 of the employee's earnings. All other options are illegal. And you can not force you to write a vacation application at your own expense.
But we must prove the circumstances of the pressure on the employee, and this in practice is difficult. In this case, you can refuse to write applications for leave at your own expense.
And in case of coercion and threats, file a complaint with the State Labor Inspectorate with a request to conduct an audit, including a survey of employees on the reasons for writing applications for leave at their own expense. Moreover, in accordance with Art.
358 of the RF Labor Code, if the complainant objects to the communication to the employer about the source of the complaint, the state inspector has no right to disclose the information to the employer.