Равенство прав и обязанностей родителей по отношению к детям или приоритет матери?

Abstract

The article analyzes judicial practice in cases of protection of the interests of minors from the point of view of the realization of equality of rights and duties of parents in relation to children. The author substantiates the conclusion that when considering any dispute affecting the rights and legitimate interests of a minor, it is necessary to proceed, first of all, from the provisions of family legislation on the equality of parents in their rights and duties towards children. Derogation from equality in parental rights is an exception that can only be determined by the interests of the child. Parents should jointly raise their children and take care of their health and development, exercise parental rights in accordance with the interests of the children. The fulfillment of these duties should not depend on the presence or absence of marriage between the parents, as well as their cohabitation. The author notes the need to determine the procedural status of the child's parents, the issue of which is being considered in court. This is especially important when considering cases in administrative proceedings, when the rights and freedoms of minors are restricted or their interests need to be protected when providing medical care. In many cases, the established judicial practice to a certain extent determines the need to decide which of the parents, in cases of their separation and (or) the absence of marriage between them, will be appointed the legal representative of the child. Proposals have been formulated to amend the legislation on administrative proceedings, stating that when considering cases on the protection of the interests of minors, the court can determine a kind of measure of influence on parents.