Settlement Agreement in Cases of Determining the Place of Residence of a Child: Advantages and Problems of Application

Abstract

The article considers the advantages of concluding amicable agreements on disputes on determining the place of residence of minor children both for the parties to the dispute themselves and for the state represented by its judicial authorities. It is shown that the existence of public interest in the issues of concluding amicable agreements in cases of this category implies the need for the Supreme Court of the Russian Federation to elaborate explanations of disputed norms of law, as well as explanations by lower courts of the possibilities for concluding a settlement agreement, allowing to resolve the conflict completely. The purpose of the study was to develop recommendations for improving the practice of applying the provisions of procedural legislation on settlement agreements in relation to disputes about determining the place of residence of a child. Consideration of problems related to the conclusion of amicable agreements in disputes over determining the place of residence of children is based on general scientific research methods (the method of formal logic) with the involvement of industry methods (the method of systematic analysis of legal regulators of the material), which together ensured the reliability of the results of the work carried out. The study allowed the authors to determine the possibility of participants in disputes to go beyond the stated requirements when concluding a settlement agreement; to establish the consequences of non-settlement of the issues of registration of a minor at the place of residence; to identify an appropriate way for a parent to protect their rights in case of violation of the terms of the settlement agreement by the second parent or a change in the child’s interest.