ON PROCEDURE FOR EXERCISE OF PARENTAL RIGHTS
BY PARENT LEAVING SEPARATELY FROM CHILD
Made in Moscow this __ day of ____________ , 200_
By and between _______ (name), ______(address), Moscow, hereinafter the Father, of the one part, and _______ (name), ___________ (address), Moscow, hereinafter the Mother, of the second part, together hereinafter called the Parents,
Whereby pursuant to Articles 65 and 66 of the Russian Federation Family Code it is agreed as follows:
1. SCOPE OF AGREEMENT
1.1. Under the provisions of this Agreement and Articles 65 and 66 of the Russian Federation Family Code, the Parents agree to define the place of residence of their common underage child and a procedure for the exercise of parental rights by the Mother of underage Nikita Vladimirovich Vlasov, born June 15, 1998, hereinafter the Child or the Son, as he will be living separately from the Mother.
1.2. The Parents determine that the place of residence of their Son will be the place of residence of his Father at _______ (address), Moscow.
2. PROCEDURE FOR EXERCISE OF PARENTAL RIGHTS
2.1. The Parties have determined that all matters pertaining to the education and upbringing of their Son shall be resolved by their mutual consent taking into account the interests and the opinion of their Child, the Mother’s consent being an indispensable condition for the resolution of the said matters.
2.2. The parties have established that they bear equal responsibility for the education and upbringing of their Child and shall take care of his health and physical, psychological, spiritual and moral development.
2.3. The Parties agree that as the Mother will be living separately from the Son, the second parent with whom the Child will be living, i.e. the Father, shall:
2.3.1. Enable the Mother and her parents, i.e. the grandfather and the grandmother of the Child, to meet the Child every day an unlimited number of times both in the Father’s territory and in another place selected by the Mother and her parents;
2.3.2. Enable the Mother to spend days-off with the Child in her territory, including the country house, and beyond - zoo, circus, amusement park, theatre, museum, country museum and other public places, during an unlimited period of time and an unlimited number of times a month.
2.3.3. Enable the Mother and her parents, if they wish so and if they have the Child’s consent for that, to holiday together with the Child at any place suitable for that, including outside the Russian Federation, and process all documents necessary for that;
2.3.4. Enable the Son, if he gives his consent, to live during his holidays at his Mother’s place of residence and jointly with his Mother at any other place suitable to the Son;
2.3.5. Enable the Mother to enrol the Son in an educational establishment for education purposes and/or take him abroad if there is a need for his education and/or medical treatment there, and process all documents necessary for that;
2.4. The following matters may be resolved only in consultation with the Mother and with her consent:
2.4.1. Selection, employment and dismissal of nannies for the Child;
2.4.2. Selection of pre-school and school-type educational establishments;
2.4.3. Selection of the place for the Child’s holidays if they are spent in the Mother’s absence;
2.4.4. Selection of a curative (medical) institution and an attending doctor for the Child if such a need arises.
2.5. The Father undertakes to resolve matters concerning the education and upbringing of the Son and other similar matters only jointly with the Mother.
2.6. To prevent damage to the Child’s physical and psychological health and moral development, the Parents agree that the Child will live together with the Father until there appears in the Father’s life a de facto concubine, other wife (not the Mother) or other woman whom the Child will meet three or more times a week, or until the Father has another child. If the events specified in this clause happen, the Father shall give the Child over to the Mother so that the Child can subsequently live with her, in which case the Parents shall sign an Agreement on Procedure for Exercise of Parental Rights by Father Living Separately from Child.
2.7. The Father undertakes to live together with the Child. If it transpires that the Father is often absent from the Child’s place of residence regardless of the causes of such absence, the Father shall give the Child over to the Mother so that the Child can subsequently live with her. In this event, the Parents shall sign an Agreement on Procedure for Exercise of Parental Rights by Father Living Separately from Child.
2.8. The Mother undertakes to ensure her Son’s return to his place of residence at ________ (address), Moscow not later than 10 p.m. each time she spends time with him. The provision of this clause shall be valid at all times except when the Child spends a night with the Mother by agreement between the Parents.
3. THE PARTIES’ RIGHTS AND DUTIES
3.1. The Parties shall properly perform the duties they undertake under this Agreement and notify each other in a timely manner of any changes in their places of residence and any circumstances that are essential for a timely implementation by them of the said duties.
3.2. The Parents shall inform each other about changes in their Son’s health, his progress in study and provide any other information received by one of them from educational, medical, social protection and similar institutions if one Parent seeks such information from another.
3.3. The Father shall not prevent the Mother from exercising her parental rights and performing her parental duties as set forth in the Russian Federation Family Code and this Agreement.
3.4. The Parents undertake to perform their Son’s upbringing, taking care of his health and physical, psychological and moral development to protect him from physical and psychological violence, offence, abuse, lack of care, negligence, maltreatment or exploitation in any form, including sexual abuse by each Parent or third parties.
3.5. The Parents shall not exercise their parental rights in contravention with the Child’s interests.
3.6. In exercising their parental rights, the Parents undertake to do no harm to their Child’s physical and psychological health and moral development.
3.7. Signing this Agreement, the Parents agree that the methods used in their Child’s upbringing shall exclude negligence, cruelty, rudeness, abasement of human dignity, offence and exploitation.
For the purpose of this clause, the following terms shall be taken to mean:
Negligence is such a way of treating the Child whereby his interests are not taken into account while a Parent, the Mother or the Father, are governed by their personal interests and neglect the interests of the Child or put their own interests before those of the Child, all of which has negative consequences for the health and physical, psychological and moral development of the Child.
Cruel and rude treatment may find expression in a too severe punishment and beating of the Child after which there may remain on the Child’s body marks of punishment – bruises, scratches etc., or rude words and phrases used in the Child’s presence and inadmissible from the moral point of view.
The exploitation of the Child is the performance by the Child of any work that may be hazardous to his health, impede his education or impair his health and physical, mental, spiritual, moral and social development.
3.8. The Parents undertake to protect the Child from sexual exploitation and sexual abuse in any form and for this purpose shall take all measures to prevent the Child from being:
(a) induced or forced to any illegal sexual activities;
(b) used for exploitation for prostitution or other illegal sexual purposes;
(c) used for exploitation for pornographic purposes and in pornographic material.
The Parents undertake to protect the Child from exploitation in any other form that can prejudice any aspect of the Child’s wellbeing.
3.9. The Parents shall respect the Child’s right to freedom of thought, conscience and religion and shall guide the Child in his exercise of this right using a method consistent with his developing abilities.
3.10. The Parents shall recognise the Child’s right to a level of living necessary for his physical, mental, spiritual, moral and social development.
The parents shall bear responsibility for ensuring, within the limits of their abilities and financial capacity, such living conditions for the Child as are necessary for his development.
3.11. The Parents shall recognise the Child’s right to rest and leisure, to take part in games and entertainments corresponding to his age, freely participate in cultural life and go in for arts.
3.12. The Parents shall take all necessary measures to protect their Child from any illegal use of narcotic and psychotropic substances and bring the Child up under such conditions as will ensure his health, self-respect and dignity.
3.13. By signing this Agreement the Parents agree that the education of their Child should be aimed at:
(a) development of his personality, talents and mental and physical capabilities to their fullest extent;
(b) fostering his respect for the Parents, his cultural identity, language and values, the national values of the country where he lives and for civilisations different from his;
(c) preparation of the Child for a conscious life in a free society in the spirit of understanding, peace, tolerance, equality of men and women and friendship among all nations, ethnic, national and religious groups;
(d) fostering his respect for the surrounding nature.
The Parents shall take all necessary measures to achieve the aims stated in this clause.
4. DISTRIBUTION OF COSTS TO SUPPORT THE CHILD
4.1. The cost of the nanny’s work, education or attendance by the Child of a preschool educational establishment shall be borne by the Parent with whom the Child lives together.
4.2. The Father shall make payment for the Child’s medical treatment if such treatment becomes necessary.
5. TERM OF AGREEMENT AND ADDITIONAL CONDITIONS
5.1. This Agreement is valid from the date of its notarisation and shall terminate upon underage (name of the child) reaching the age of 18 and in the event that the Son enters into marriage or in any other event provided by law when full legal capacity is reached before coming of age (emancipation and dispensation).
5.2. The Parties have the right at any time to alter or terminate this Agreement by their mutual consent in the manner prescribed by law.
5.3. No Party to this Agreement may unilaterally refuse to implement it.
5.4. Any disputes which may arise from the implementation of this Agreement shall be resolved by the Parties through negotiations. If no agreement can be reached, each Party shall have the right to take legal action.
5.5. The cost of the drawing up and notarisation of this Agreement shall be paid by the Mother.
5.6. This Agreement is made in three equally authentic copies, one copy for each Party and the third copy for the files of the notary who certified this Agreement.
INFORMATION ABOUT THE PARTIES:
Father: ______ (name), __________ (address), Moscow,
passport No.___________ issued by _______________ on ___________
Mother: ____________ (name), ______________ (address), Moscow,
passport No.___________ issued by _______________ on ___________
Выполнил юрист ЮК "Легис Акцио"
Кельберер Инна Витальевна