Can a Brother and Sister Be Allowed to Live Separately After Their Parents' Divorce – The Supreme Court's Position

The Supreme Court indicated that the separate residence of a brother and sister, in the absence of evidence of a negative impact on their psycho-emotional state, is not an unconditional basis for determining the children's place of residence with one of the parents, provided that social ties between the children are maintained, there are no obstacles to communication, and they have the opportunity to meet periodically, spend time together, and maintain contact.

Case Details

The father filed a lawsuit against the mother to determine the children's place of residence with him, arguing that he had been constantly involved in raising the children (a son and a daughter), between whom there was complete mutual understanding and support. However, their mother, after moving with the daughter to live with another man, effectively completely isolated the daughter from communication both with the father and between the two children – the son and the daughter – who had a strong social bond, the breaking of which harms the children. No agreement was reached between the parents regarding the place of residence of their minor children, so the father believed that determining the place of residence of both children with him would best serve their interests.

The mother filed a counterclaim against the father to determine the children's place of residence with her, arguing that she was married to the defendant, in which the son and daughter were born. Due to family conflicts, she filed for divorce and then moved with the daughter to another man. The son remained living with the father without the mother's consent, who experienced obstacles in communication and upbringing of the child, and the children were forcibly separated. She stated that she properly cared for the children, has housing and income, while the father is focused on work and does not pay proper attention to the son. In her opinion, the son's residence with the father does not correspond to the child's interests, which is confirmed by remarks from the school regarding his behavior and appearance.

The court of first instance partially satisfied the claims, determining the son's place of residence with the father and the daughter's with the mother, explaining that a child living separately from the parents or one of them has the right to maintain regular personal relationships and direct contacts with them. The father/mother, in case the children's place of residence is determined with the mother/father, is not restricted/restricted in their right to communicate with the children, care for them, and participate in their upbringing and can exercise their rights through an agreement with the mother/father of the children regarding the establishment of visitation times or by decision of the guardianship authority or court decision.

The appellate court agreed with the conclusions of the court of first instance in the contested part regarding the determination of the daughter's place of residence with the mother, as this corresponds to the best interests of the child.

Supreme Court's Position

The Supreme Court agreed with the conclusions of the court of first instance regarding the resolution of claims about determining the daughter's place of residence with the mother and the appellate court, noting that the separate residence of a brother and sister is not grounds for satisfying a claim to change the child's place of residence if it is established that there are no obstacles to their communication, since the children have the opportunity to regularly communicate, meet, study at the same institution, live close to each other territorially, and there is no evidence of a negative impact of separate residence on their psycho-emotional state.

Each parent has the right to raise the issue of changing the child's place of residence in the future, taking into account circumstances that will be of significant importance.

Supreme Court ruling in case No. 669/89/22 (proceeding No. 61-16826sv23).

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