Relationships Between Parents and Children After Divorce

Divorce is not only the termination of the legal relationship between spouses but also a crucial point of transformation in the relationship between parents and children. The Family Code of the Republic of Uzbekistan is based on the principle of prioritizing the best interests of the child and guarantees the child’s right to upbringing, care, and communication with both parents, regardless of their marital status.

Principle of the Best Interests of the Child

The key principle is ensuring the best interests of the child. When resolving any disputes, the court or the guardianship and trusteeship body takes into account the child’s attachment to each parent, the age and moral qualities of the parties, their ability to provide proper conditions for upbringing, as well as the child’s own opinion (mandatory from the age of 10).

Determination of the Child’s Place of Residence

After divorce, the child’s place of residence may be:

• determined by agreement of the parents, or
• if there is no agreement — by the court.

The court proceeds from the child’s interests, taking into account his/her psychological and social adaptation. In exceptional cases, the court may transfer the child to the parent who is better able to ensure his/her development and safety.

The Right of the Child to Communicate with Both Parents

Even when parents live separately, the child has the right to:

• freely communicate with each parent;
• have both parents involved in the educational process and in making decisions about education;
• maintain contact with grandparents, brothers, and sisters.

The parent with whom the child resides is not entitled to obstruct communication if it does not harm the child’s health or morality. Violation of this principle may result in a change of the contact schedule or even transfer of the child to the other parent by court decision.

Child Support Obligations (Alimony)

Both parents share an equal obligation to support their minor children. If there is no voluntary agreement:

• alimony is collected by the court as a share of income (¼ for one child, ⅓ for two children, ½ for three or more);
• alimony may be established in a fixed monetary amount if the income is irregular.

The court may increase or decrease the amount of payments based on the parents’ financial situation and the interests of the children.

Participation of the Parent Living Separately

The law guarantees the right and duty of the parent living separately to participate in the child’s upbringing and to receive information about the child’s health, education, and social situation. Refusal to provide such information may be challenged in court.

Role of Guardianship Bodies and the Court

Guardianship bodies participate:

• in cases concerning the determination of the child’s place of residence;
• in establishing the procedure for communication with the child;
• in resolving conflicts between parents.

Court decisions are enforced by the state enforcement officer with the participation of the guardianship body and, if necessary, law enforcement agencies.

Restriction and Deprivation of Parental Rights

If one parent abuses parental rights, evades child support obligations, or poses a threat to the child’s life and health, the court may:

• restrict parental rights (remove the child without terminating parental rights), or
• deprive parental rights, which results in the loss of all rights based on kinship, except for the duty to pay alimony.

Psychological Aspect

Divorce often causes stress for the child, which requires parents to:

• cooperate in raising the child,
• minimize conflicts,
• support the child’s psychological stability.

Modern approaches (mediation, family counseling) help reduce the negative impact of divorce on the child’s mental well-being.

Rights and Obligations of Parents and Children After Divorce

Sphere of Relations	Child’s Rights	Parents’ Rights	Parents’ Obligations	Legal Protection Mechanisms
Place of Residence	Right to live in a family, right to a stable environment	Right to participate in determining the child’s residence	Duty to consider the child’s interests when choosing residence	Determined by parents’ agreement or court decision with participation of guardianship body
Communication with Parents	Right to communicate with both parents and relatives	Right to personally participate in upbringing and education decisions	Must not obstruct communication unless harmful to the child	The court may determine the communication procedure and oblige parents to ensure contact
Upbringing and Education	Right to upbringing, education, and development of abilities	Right to participate in upbringing	Duty to care for physical, mental, and moral development; ensure education	Disagreements are resolved by guardianship body or court
Financial Support (Alimony)	Right to support until 18 (and beyond if disabled)	Right to conclude an alimony agreement	Duty to support the child; if refused — alimony is collected by court	Recovery of alimony under Articles 96–102 of the Family Code; enforcement of court decisions
Information about the Child	–	Right to receive information on health, education, social status	Must not conceal such information without legal grounds	Refusal may be appealed in court
Protection of Child’s Rights	Right to protection from abuse and mistreatment	Right to demand return of child from third parties	Duty to ensure child’s safety and well-being	The court may remove the child, restrict or terminate parental rights
Participation of Guardianship Bodies	Protection of the child’s rights and interests	–	Cooperation with guardianship authorities	Participation in residence and communication cases, mandatory opinion of guardianship body

 

Right of the Child to Communicate with Both Parents

According to Article 66 of the Family Code of the Republic of Uzbekistan, the divorce of parents does not affect the child’s right to communicate with each of them. The child has the right to:

• personal communication and shared time with both parents,
• parental participation in upbringing and education,
• maintaining contact even when parents live in different countries.

This right is absolute — it does not depend on the parents’ will and may be limited only if such communication harms the child’s physical or mental health or moral development.

Implementation Procedure

Parental Agreement

Parents may conclude a written agreement on the procedure of communication between the separately living parent and the child.

The agreement may provide for:

• schedule of meetings (weekly, on holidays, during vacations),
• location of meetings,
• duration of communication (day, overnight stays, joint holidays),
• rules for telephone, online, and video calls.

Judicial Procedure

If parents cannot agree:

• the dispute is resolved in court with mandatory participation of the guardianship body,
• the court considers the child’s interests and opinion (mandatory from age 10),
• the court decision is binding.

Guarantees and Protection of the Child’s Rights

• Prohibition of obstruction of communication: The parent with whom the child resides must not create obstacles to communication with the other parent. If unjustified obstacles are created, the court may:
  • change the communication schedule,
  • impose sanctions on the obstructing parent,
  • even transfer the child to the other parent if it serves the child’s best interests.
• Right to information: The parent living separately has the right to receive information about the child’s health, education, and social situation. Unreasonable refusal can be appealed in court.
• Enforcement: Court decisions on communication are executed by a state enforcement officer; persistent evasion may lead to administrative or criminal liability, as well as a review of the child’s place of residence.

Extended Right to Communicate with Relatives

In addition to parents, grandparents, siblings, and other close relatives have the right to communicate with the child. If parents obstruct such communication:

• the guardianship body may require them not to interfere,
• the dispute may be referred to the court.

Sample Communication Schedule

Period	Form of Communication	Approximate Time	Notes
Weekly Meetings	In-person meetings	Every Saturday from 10:00 to 18:00	Overnight stays by mutual agreement
Additional Meetings	In-person meetings	Every other Sunday from 14:00 to 18:00	To maintain regular contact
Vacations	Residence with the other parent	50% of vacation period	Summer vacation split equally (e.g., 15 + 15 days)
Holidays	Alternation	December 31 – January 1 alternately each year	Similarly: Independence Day, Navruz, parents’ birthdays
Child’s Birthday	Joint celebration	If possible — together with both parents	Otherwise — separate celebrations
Online Communication	Video/phone calls	2–3 times per week at agreed times	WhatsApp/Telegram or phone call
Special Occasions	In-person meetings	By mutual agreement	Important events: school performances, sports events, meetings

 

Key Terms of the Agreement

• Flexibility of schedule: Parents must notify each other of changes in advance (e.g., at least 24 hours).
• Transportation and accompaniment: Determines who picks up and returns the child (usually the initiating parent).
• Meeting place: Preferably at the residence of the parent living separately or in neutral locations (parks, children’s centers).
• Holidays and vacation periods: To be distributed equally considering the child’s interests (e.g., trips planned in advance).
• Mediation and revision: Parents agree to review the schedule when circumstances change (child’s age, school, health).

Legal Formalization

Such a schedule may be:

• notarized (if parents have reached an agreement), or
• approved by the court as a binding decision.

The court may also provide for subsequent modification of the schedule at the request of either party if circumstances change (parent’s job, residence, child’s health condition).