How to discharge a minor from an apartment

About the opportunity

Is it possible to deregister a minor child?

The answer to this question depends on a number of conditions and circumstances .

It is possible to deregister, but only if a number of points are met:

• this is necessary for further registration , which is confirmed by documents (social tenancy agreement or papers on the right of ownership of housing);
• the guardianship and trusteeship authorities authorized such an action and did not consider that it infringed on the interests of the minor;
• the discharge does not happen “to nowhere” . In this case, it will simply not be possible to implement the plan;
• the chosen location for the new registration is significantly not inferior to the previous one in terms of housing conditions and amenities.

Methods for deregistration

A minor child under 14 years of age can be voluntarily deregistered by his legal representatives - parents or a person replacing them. A child over 14 years of age submits an application in person with the consent of a legal representative.

Voluntary deregistration of a minor child can be carried out by submitting an application for registration at a new place of residence or an application for deregistration at the place of residence (clause 31 of the Rules, approved by Decree of the Government of the Russian Federation of July 17, 1995 N 713).

The legislative framework

What laws govern the deregistration of a minor child? Both registration and termination are based on several laws:

• The Civil Code of the Russian Federation determines the right and opportunity for a minor to live with his parents and be registered until the age of 14 exclusively with them;
• The RF IC protects his rights in terms of the opportunity to grow up in a family, and in the event of its breakdown, to communicate with mom and dad;

This is important in the case when a child is discharged after the parents’ divorce for a new registration with the one who remains with him .

• The Criminal Code of the Russian Federation determines the punishment for falsifying registration or creating a fictitious registration;
• The Code of Administrative Offenses of the Russian Federation establishes an administrative fine for those parents who did not register their child on time.

Moving to a new place of residence

Yes, parents in such cases have one more responsibility. They must provide the guardianship authorities with documentary evidence of the minor’s specific new address of residence - otherwise it will be completely impossible to remove him from the registration register. When purchasing a new apartment, you will first need to obtain ownership of the housing in which your family and child will be registered. Once you have all the documents for the apartment in your hands, discharging your child from the old apartment will not be difficult.

If several children

A lot of problems are caused by a lack of understanding of certain things, for example, if you have several children of different sexes, you may require separate rooms for them, which is not always possible for various reasons. This point can be understood, because if you have a 15-year-old girl and a 13-year-old boy, it will be difficult for them to live in the same room; it is this fact that the guardianship authorities primarily hint at. Not all parents know this and do not understand the complexity of the situation, and many cannot afford to buy a multi-room apartment; in this case, you are better off contacting a lawyer for free legal advice.

Divorce or exchange of housing

It is even more difficult to remove a minor child from registration when parents divorce and change housing - the new apartment will be clearly smaller, and often worse in quality. In this case, it will be difficult for you to convince that rights and interests will not be affected, and all temporary inconveniences will be resolved in the near future. This situation often arises, and during a divorce, after determining the child’s place of residence, you will need to register the minor at the place of residence of the official parent or guardian.

Child and rented apartment

Recently, sometimes situations arise when a family with children lives in a rented apartment and does not pay for their accommodation and refuses to leave temporary housing, citing the fact that they have a child who cannot be evicted. In fact, the situation is a little twofold, and the solution to this issue depends on whether there is an official agreement, whether the child is registered at this address; to resolve such an issue, it is better to contact a specialist on this issue.

In which cases?

Discharge of a baby is often required when a family changes their place of residence, purchases a new apartment or house with a subsequent move, or divorces.

The last case is the most difficult, since the former spouses should resolve not only the issue of the child’s residence and the schedule of his communication with the second parent , but also the issue of registration.

Despite the divorce, the baby can be registered with both the mother and the father.

In a situation with an adult, the procedure would not take much time and would only require a passport and a desire to be discharged. When it comes to a child, things are a little different. Let's figure out what the difference is.

Is it possible to discharge a child “to nowhere”

In accordance with the requirements of the law, the removal of a child from the apartment to nowhere is not allowed. If parents or persons replacing them apply to the authorized body of the Ministry of Internal Affairs to cancel the registration of a child, they are required to indicate a new address of residence in their application. However, even this information may not be enough. In practice, legal representatives will be required to provide additional documents that confirm their right to subsequently move into a new address - a rental agreement, a purchase and sale agreement, a certificate of ownership, an extract from the Unified Real Estate Register, the consent of the tenant and other residents.

Where to start, where to turn?

How to deregister a minor child? If you need to discharge a minor, the first thing you need to do is find out in what situations the consent of the guardianship and trusteeship authorities . For example, it is not necessary if the baby is registered from one parent to another.

If they want to register a person over 14 years old with their grandmother, then they cannot do it without the consent of the OPP . If such consent is received, then you can collect all the required papers and begin registration.

Where is it issued? Not only registration, but also its removal is the work of the Main Directorate for Migration Issues of the Ministry of Internal Affairs of the Russian Federation . This body exists relatively recently, but it became the successor to the Federal Migration Service.

Judicial practice of deregistration of a minor

Hello Andrei! Judicial practice on the issue of deregistration of minors follows the path that if the child’s parent is registered in the apartment, then it is impossible to discharge the child, but if the parent is registered and lives at a different address, then the child must follow him. Let us give several examples of judicial practice on the issue of deregistration of a minor. — Appeal ruling of the Moscow City Court dated July 24, 2017 in case No. 33-24927/2017 (positive decision): As the court indicated, minor children acquire the right to living space, determined for them as a place of residence by parental agreement, the form of which is not established by law ( Article 65 of the RF IC, Article 69 of the RF LC). The conclusion of such an agreement, one of the proofs of which is the registration of the child in the residential premises, is a prerequisite for the child to acquire the right to use a specific residential premises, which may arise regardless of the fact that the child moves into such residential premises, due to the fact that minor children do not have the opportunity to independently realize right to move in. At the same time, the father of the minor was recognized by the court as not having acquired the right to use the disputed apartment; at the time of the initiation of this civil case, the father of the minor also did not live in the apartment and was not registered; he has a different place of residence at his place of registration. In this regard, the disputed apartment was not the place of residence of the minor’s father, who, despite registration in this apartment, did not acquire the right to use residential premises at his father’s place of residence; other members of the minor’s family do not live in the disputed apartment and are not registered. Thus, the court satisfied the plaintiff’s request to recognize the minor and his father as not having acquired the right to use the residential premises. — Appeal ruling of the Moscow City Court dated April 20, 2017 in case No. 33-15031/2017 (negative decision): As the court indicated, by registering the defendant at birth in the disputed apartment, which at that time was already the property of the plaintiff, the plaintiff and his spouse thereby by agreement between themselves, they determined the place of permanent residence of their daughter at the location of the disputed residential premises, the plaintiff, through his actions, gave the defendant, as a member of his family, the right to use this apartment, which the defendant, due to his age and the breakdown of the family between his parents, could not independently exercise and implement until his age of majority (Article 65 of the RF IC). At the same time, the court found unfounded the plaintiff’s arguments that the defendant did not incur expenses for housing from the moment of registration, the maintenance of the apartment was carried out only by the plaintiff, since the defendant, due to his age, did not have an independent source of income, the plaintiff, being her legal representative during the period of his daughter’s minority, was obliged to bear the costs of maintaining the disputed apartment for her. Thus, the court refused to satisfy the plaintiff’s demands to recognize the daughter as not having acquired the right to use the residential premises and to remove her from the registration register. — Appeal ruling of the Moscow City Court dated April 12, 2017 in case No. 33-13919/2017 (negative decision): The court refused to satisfy the plaintiff’s demands against the defendant, acting in the interests of her minor daughter, to recognize the latter as having terminated the right to use residential premises - an apartment. The plaintiff believes that the minor daughter lost the right to use the specified residential premises due to her mother’s move from it and the subsequent divorce from her father. The court indicated that within the meaning of Art. 65 of the Family Code of the Russian Federation, minor children acquire the right to living space, determined for them as a place of residence by agreement of the parents. The conclusion of such an agreement is a prerequisite for the child to acquire the right to use the premises, which may arise regardless of the fact that the child moves into it. The mere failure of the child and his parent to live in the residential premises, which is the place of residence, which is determined for the child by agreement of the parents, cannot serve as a basis for recognizing him as having ceased the right to use the residential premises. In this case, the minor does not live in the disputed apartment due to circumstances beyond her control; due to her age, she cannot independently exercise her housing rights, therefore, the child’s living with a parent in another premises cannot serve as a basis for recognizing him as having terminated the right to use the disputed apartment.

Thus, in order to discharge a minor from an apartment, it is first necessary to deregister his parents and prove that the child does not actually live in the apartment, but has the right to use another residential premises at the place of residence of one of the parents. Also an important condition for deregistration of a minor is the absence of a family relationship between the owner and the child. In this regard, I recommend that you seek a face-to-face consultation with our lawyers; after a detailed study of your situation, we will be able to make possible predictions about the judicial prospects of the case.

Documentation

What documents are required? To implement the procedure for deregistering a minor, you must provide the following documents :

• statement from parents;
• birth certificate or passport of the person being issued;
• consent of the guardianship and trusteeship authorities;
• parents' passports;
• proof that there is a new place of residence.

In complex or controversial situations, an additional set of papers may be required.

Read our article about whether you need to obtain the consent of the apartment owner to register a child.

Where to submit documents?

In addition to the Main Department of Internal Affairs of the Ministry of Internal Affairs, there are other options for the registration location:

• Passport Office;
• MFC;
• State Services portal on the Internet.

Often applicants apply to the location that is closest or most convenient, since the place of registration is not of fundamental importance.

Options for discharging a child from housing with permanent registration

In different life circumstances, deregistration of a minor occurs in different ways.

The child is registered in the apartment, but does not live in it

To evict a minor who does not live in the residential premises at his registration address, an application to court will be required. The reason is loss of the right to use housing.

The owner must provide evidence that the minor is not using the living space for its intended purpose.

Supporting documents:

• written statements from neighbors;
• act from the district police officer, etc.

Nuances:

• a child under 14 years of age must be discharged together with a parent; one child cannot be discharged (unless he is subsequently registered with the second parent);
• A child cannot be discharged from a municipal apartment without the consent of the guardianship service (even if the parents and they are to move to another district, region or country);
• there must be other equivalent housing where the minor will be immediately registered (otherwise the court will not allow the child to be evicted);
• if the owner is one of the parents, the deregistration will be complicated by the obligation to jointly raise, support and act only in the interests of the children.

Interesting article: How to discharge a person from an apartment in court?
Example from judicial practice:

A citizen filed a lawsuit in the district court for the forced discharge of his ex-wife and son on the basis of termination of the right to use the apartment. The ex-wife and their 11-year-old child live with their grandmother.

The plaintiff motivated his actions by the fact that his wife does not pay the costs of maintaining the housing.

The wife voluntarily refuses to discharge herself and her son. Justifying the actions by the fact that the spouse did not fulfill the obligations regarding the division of common property.

The court made a decision on the forced discharge of the wife. The reason is the loss of the right to use housing by former relatives.

At the same time, the court refused to deregister the minor son.

The solution is based on:

• Art. 20 of the Civil Code of the Russian Federation - the child is registered at the place of registration of the parents;
• Art. 65 part 1 of the RF IC – parental rights should not contradict the interests of children;
• Art. 55 clause 1, art. 63 clause 1 of the RF IC - divorce does not affect the rights of the child (he does not cease to be a member of the father’s family), including he does not lose the right to use the apartment.

The child lives at his place of registration

In this case, the child’s discharge is possible only if other housing is provided and with the consent of the parent.

Example from judicial practice:

The couple is divorced. The son from his first marriage was registered and lived in a three-room apartment, which is owned by his father.

The parent remarried and decided to sell the apartment. He bought a one-room apartment for his minor child. The mother filed a lawsuit, citing the ex-husband's action as a deterioration in the child's living conditions.

The court did not satisfy the claim. Justification for the decision:

• the father provided the child with other housing with acceptable living conditions;
• the apartment was sold to improve the living conditions of the children from the second marriage.

The minor is the owner of the property (or co-owner)

The need for an extract may arise when selling an apartment where the child has a share or is the owner. The state will not allow the child owner to simply be deprived of his registration. He must be provided with equivalent residential premises for registration.

What is your registration?

Registration at the place of residenceRegistration at the place of stay

In this situation, guardianship consent will be required. You will have to submit documentary evidence to social security that the rights of the minor are not violated (the new housing will be registered in the latter’s name/the number of square meters in the share will correspond to the previous one).

The guardianship staff, in turn, will check the compliance of the living conditions of the new place of residence. Based on the results of the inspection, a report is drawn up.

Example from judicial practice:

The sale of a room in an apartment (where the child was a co-owner with a ⅓ share) and the purchase of a private house in a nearby village (with an expected ¼ share in the house) required guardianship approval. The government agency refused the request.

Interesting article: Nuances of filing a claim for deregistration

The service motivated its decision by the fact that the living conditions of the minor were violated (city amenities were changed to village ones).

Extract by court decision

When controversial situations arise during the discharge of children, the interested party has the right to appeal to the court at the place of registration of the defendant.

Often the reasons are:

• lack of consent of legal representatives;
• failure of the guardianship and trusteeship service;
• permanent residence of the child at a different address.

In this case, the court will refuse to consider the case if:

• the plaintiff has an interest in the disputed housing;
• the child is a property owner;
• eviction occurs from a municipal apartment.

If at the court hearing it turns out that new housing has not been found for the minor, the judge will suspend the process until the situation is corrected. It is important that living conditions are no worse than before.

If the result is positive, the plaintiff, with a court order, applies to the Federal Migration Service for forced discharge. The government agency immediately sends the information to the passport office at the child’s new place of residence for registration.

Timing, cost and result

The consent of the guardianship and trusteeship authorities can be obtained within up to 14 days . After this, you can cancel your registration for a period of up to 9 days . Moreover, the minimum waiting period is 3 days when applying directly to the Main Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation.

Representatives of the minor will not incur any costs. This procedure is carried out free of charge and is not subject to duties, taxes, etc.

What documents are ultimately issued? If an extract is carried out, the result will be the receipt of a disposal sheet . It is required for further registration in a new location.

When can they refuse? If they try to deregister a child “to nowhere” , then refusal will definitely follow. It should also be expected if there is an incomplete package of papers or their incorrect configuration. To resolve the failure, you can correct the situation and apply again.