DETERMINING THE CHILD'S PLACE OF RESIDENCE IN COURT

Abstract

The purpose of this article is to emphasize the best interests of the child in litigation, and to cover the provisions of the substantive and procedural legislation on filing a lawsuit to determine the place of residence of a child. The best interests of the child and their protection have remained a matter of concern to society and to the rule of law. Article 17 of the RA Family Code provides a legal opportunity to present the issue of determining the child's place of residence in combination with other requirements, but the article contains a grammatical error, which leads to misinterpretation and misuse of the article, which in turn is not in the best interests of the child. There are such problems in the case law due to the peculiarities of filing a claim for determining the child's place of residence, as the legal possibility of filing in combination with other claims, the lack of special jurisdictional rules, while these issues are not regulated by Articles 21-22 of the RA Civil Procedure Code. According to the author, the legal issue of determining the child's place of residence should be overcome by filling the legislative gap. The article was written with the use of legal-comparative-analytical method. The author came to the conclusion that there is a need to make additions and changes in Article 17 of the RA Family Code, as well as in Article 22 of the RA Civil Procedure Code.