The Child's Residence — Agreement or Court
Where, because of a divorce or for another reason, the parents live separately, it depends on their agreement who has the right to decide with whom the minor child is to live. Where they disagree, the dispute over with whom the minor child is to live is decided by the court, taking into account the interests of the child. A plan to move to another country does not change this framework — it is part of the same dispute, and its international dimension requires a separate assessment; in every case we establish which norms apply to the concrete circumstances and build the position accordingly. Preparing this dispute means constructing a justification expressed in the language of the child's interests — school, environment, stability, the parent's actual capacities — and that is the material our team works on from the very first day of the case. Before the case begins, the question of the form the position will take must also be settled in good time: by agreement, where dialogue between the parties is still possible, or by court dispute — and the choice must rest on the actual stock of evidence, not on an emotional assessment.
The Special Rule on the Child's Representation in the Litigation
Cases of this category carry one important special rule: when the court decides with whom the minor child is to live, the parent's right to act as the child's representative in relation to the court dispute is suspended. The guardianship and care authority appoints a representative of the child who, during the hearing of the case in court, represents the interests of the child. This means that an independent voice participates in the process as well, and your position must convince that voice too. We assemble the evidence so that the assessment of the child's interests is framed by your position, and we plan the communication with the guardianship and care authority in advance. In practical terms this means the case begins with a detailed description of the child's life: where the child studies, with whom the child spends time, what contact exists with the other parent, and how stable is the environment each side proposes.
The Equal Rights of Parents Living Apart
Parents have equally all the rights and duties in relation to their children, regardless of the fact that they are divorced or live separately. Moreover, the parent with whom the child lives has no right to restrict the rights and duties of the other parent. In practical terms this means that a change of residence and a review of custody cannot be built on stifling the other parent's rights — that is a mistake both in terms of safety and of strategy. We build a position that rests on the balance between the child's interests and the parent's rights and is firmly substantiated for the court.
Grandparents and the Return of the Child
The law covers this circle as well: grandparents have the right to maintain contact with their minor grandchildren even when they do not directly participate in the grandchildren's upbringing. If the parents or the guardian/custodian refuse the grandparents contact with the grandchildren, the court may oblige the parents or the guardian/custodian to allow the grandparents to maintain contact with the grandchildren in the procedure determined by the court, provided the court establishes that this will not hinder the normal upbringing of the children and will not exert a harmful influence upon them. Likewise, parents have the right to demand the return of the minor child from any person who keeps the child without a lawful basis. We represent the parties' interests in these disputes too — on the parents' side as well as the grandparents'. Each of them has its own factual basis: in a return-of-child case the centre of gravity is proving the absence of a lawful basis for the retention, while in a contact dispute it is showing that the contact will not hinder normal upbringing and will exert no harmful influence; mixing those lines weakens the position.
Frequently Asked Questions
Below we answer the questions raised most often about custody and residence.
May a child be taken to another country without the other parent's consent?
Where the parents live apart and cannot agree with whom the minor child is to live, the dispute is decided by the court, taking into account the child's interests. A move abroad is assessed within this dispute, and a step decided unilaterally often damages the position — the legal assessment comes first.
Who represents the child in this dispute?
In relation to this dispute the parent's right of representation is suspended; the guardianship and care authority appoints the child's representative, who represents the child's interests during the hearing.
May the parent with whom the child lives restrict the other parent's rights?
No — the law gives no such right. Divorced or separated parents hold all rights and duties in relation to their children equally.
What may grandparents do?
Maintain contact with their grandchildren; upon refusal — apply to the court, provided this does not hinder the normal upbringing.
How We Help on Legal.ge
We build the complete strategy for a custody and residence dispute: we gather the evidence, conduct negotiations, prepare the claim and represent you at every session. Contact us on Legal.ge — we will assess your case and build a position grounded in the child's interests.