PRINCIPLE SAVING THE SYSTEM AS A DETERMINANT ON CASES FOR INSTALLING THE PLACE OF THE RESIDENCE OF THE CHILD

Abstract

The article considers modern tendencies in the solution of the parents' disputes about the place of residence of the child: the legal position of the MAT of 2016, according to which the place of residence of children with the father can be determined only if there are so-called "special" circumstances, according to the principle 6 of the Declaration of the Rights of the Child, where proclaimed that a young child should not, except in cases where there are exceptional circumstances, be separated from his mother; a letter from the WCCU to the chairpersons of the appellate courts in which he supported the ECHR's position on the existence of equal parental rights in disputes over the custody of children and the non-acceptance of any presumptions based on gender. Psychological aspects of the decision of parental disputes about the child's place of residence are considered. The point of view is justified that the principle of preserving the family system should be decisive when considering this category of cases and it must be placed above the conditions of not separation from the mother. In the opinion of the author, a young child, in fact, in most cases, must stay with his mother, namely, he must continue to remain with her. However, in the event that for some reason the mother herself leaves the child and leaves the family system, and after a few years decides to demand custody of him, the principle of «abandonment with the mother» can no longer be applicable in any case. The author believes that it is indisputable that we should strive for a two-part participation of parents in the life of the child, but it is very important to divide the concepts of «separation» and «separate residence», the concept of «mother» and «guardian», to take into account that sometimes the child develops closer and comfortable relations with the father, and not with the mother. Proceeding from this, the necessity of compulsory appointment of forensic psychological expertise during the court establishment of the place of residence of children is substantiated..