In this question first is the value of the actual residence of the minor. For example, if the parents are divorced and the child lives with one of them in a Council flat not in the place of their residence, should be guided by article 20 of the Civil code of the Russian Federation. It States that the place of residence of children who are under 14 years old, is the place of residence of their representatives at law of the adoptive parents, guardians, and parents. Consequently, the basis for the statement may be the fact that the child is not domiciled at the place of residence.
In that case, if the child is registered in apartment of one of their parents, as housing is privatized, keep in mind some points. In the apartment the minor child is also a member of the family of the owner of the premises. And therefore has all rights of use of living space – exactly the same as its owner. In this situation to discharge the child from the apartment is possible only on the basis of a court decision, and the owner will have to make a claim.
It is very difficult to justify and carry out the procedure of discharge of minors from the apartment with a larger area in the smaller, as the court may deem this decision as a violation of the rights of minors. In that case, if the minor already is the owner of the premises, he has a share in the housing, then even the closest relatives, parents, at discharge, the child will experience great difficulties.
Thus, in all cases, where the court considered the case of eviction from housing minors, are taken into account many aspects and circumstances. The court may decide to save for a child's right to use the housing for an indefinite period. Or even to adjudge in favor of minors and to refuse eviction. Extract children with the living area – a complex and demanding procedure, and we can not do without a competent and qualified legal assistance.
Advice 2: How to write a minor child out of home
Minors are registered on the living space at the place of residence of the parents, guardians or legal representatives. If the children are not also the owners of housing, to be discharged on the basis that parents, guardians or legal representatives change their place of residence and removed from the register.
You will need
- - the statement;
- - passport;
- - a notarized power of attorney;
- - birth certificate;
- - the decision of bodies of guardianship and guardianship;
- - the decision of the court.
It is necessary to apply to the territorial office of the Federal migration service with the application, passport and birth certificate of children. The application is filled in directly on-site in the presence of an authorized officer of the FMS, the blank has a uniform shape. When deregistration will be given a piece of departure, which is presented for registration at the new address.
If parents, guardians or legal representatives are already in another city, visit the FMS at the place of permanent residence is not necessary. They are required to apply to the territorial branch of the migration service of the statement on registration at a new address. Authorized personnel make a request for the statement of these persons and the minor citizens at the old address. Within two months we receive a response about the deregistration on the basis that it will be possible to issue a residence permit at the new address.
Another option is to write out the minors is to give a notarized power of attorney, on which you can make legal actions instead of the parents, guardians or legal representatives if they themselves are unable to prescribe for minor citizens and personally to the migration service.
Notarized Trustee is obliged to fill out an application form, passport and notarized power of attorney, birth certificate of children. At the request of the children will be removed from registration and will be given the address leaf of departure.
Minors who are owners of housing, it is possible to write for the exclusion of housing only on the basis of the decision of bodies of guardianship and guardianship. Parents, guardians or legal representatives must apply to the guardianship with a written statement, to present documentary evidence that juveniles are provided in the property equal housing or open a Bank account and he deposited a sum equal to the value of the share of the property of minors. On the basis of the submitted documentary evidence of minor owners will be allowed to prescribe, and housing to sell.
On the basis of the decision of the court of minors can be listed, if they have not live in the housing, the parents removed from the register, but to apply in person at FMS and write children plan.