The Procedure for Exercising Parental Rights in Parental Separation: Criteria for Implementation and Enforcement

The exercise of parental rights in respect of their child in parental separation is a complex and topical issue in Russian Family Law. Despite the fact that Family Law governs disputes associated with the upbringing of children, and the jurisprudence over a long period of time has established general rules of resolving disputes in the interest of children, there is a considerable number of unresolved problems. The principle of equality of rights and obligations of parents as established under the Family Code of the RF, in the opinion of the author, needs to be revised because it does not meet the objective life realities, particularly in the context of the separation of parents. The role and powers of custody and guardianship authorities participating in cases that involve the issues of upbringing children should be changed. Determining the place of residence of a child with one of the parents should mean a change in parental status and, as a consequence, change the principle of equality of parental rights. The failure to resolve the issues associated with the exercise of parental rights in the separation of parents does not effectively address other issues, such as the proper fulfillment of a parental duty to maintain children (child support). The author proposes for discussion some options to address the issues in question.

parental rights, separation of parents, place of residence of the child, custody and guardianship authorities, child support, parent's legal status, equality of rights and duties, court decision, examination, parents

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