Concepts and types of agreements between mother, father and children in family law

Abstract

The scientific article investigates the concept and legal nature of agreements between mother, father and children in family law, as well as the types of this category of agreements are revealed. The methodological basis of the research is a combination of qualitative research methods, literature review and analysis of relevant legal acts. To achieve the goal of the article, the author used the following methods: (1) literature review; (2) analysis of normative legal acts; (3) qualitative research methods and (4) comparative analysis. The scientific article defines the concepts and types of agreements between mother, father and children in family law, taking into account the achievements of family law doctrine. The scientific article shows that the current family law does not limit the possibility of contractual settlement of family relations between mother, father and children only to the conclusion of agreements that are directly defined by family law; in the family legal doctrine, among the agreements not mentioned in the family legislation, agreements are distinguished: on the participation of one of the parents in additional expenses for children; about maintenance of adult children of disabled parents; about maintenance of an adult child during the period of study or a child with a disability; about maintenance of parents by an adult child or a minor child, if she has sufficient income and is able to provide maintenance; on determining the procedure for using common property of family members and other agreements. Agreements between a mother, father and children can also include an agreement on guardianship over a child in the event that the placement of a child in the family of a foster carer is carried out at the request of the parents. The legal nature of agreements between a mother, a father and a child provides for a number of features: they can regulate any issues of family relations between parents and a minor or underage child, except when such regulation is contrary to the interests of the child; on the other hand, only those family relations with the participation of an adult child related to the implementation of his obligation to provide support to incapacitated parents can be settled contractually; a child as a subject of contractual legal relations arising in connection with the conclusion of such an agreement is a minor or an underage person, in relation to the exercise of whose rights an agreement is concluded, which ensures the exercise of the relevant rights of him as a child; an exception is an agreement concluded on the provision of maintenance by parents who are unable to work, the child in this legal relationship is an independent participant with full family and civil legal capacity; contractual regulation of family relations between parents and children should not conflict with the minimum guarantees provided by family law, although it may significantly supplement and expand them.