What does this research mean for the field?

Improving the judicial resolution of child upbringing disputes requires mandating pre-trial mediation, standardizing expert qualifications, and redefining guardianship authorities solely as entities providing case conclusions rather than acting as third parties. Novelty: ClaimNovelty.NOVEL_FINDING. Consensus alignment: ConsensusAlignment.NEUTRAL.

What question did this study set out to answer?

To examine substantive and procedural mechanisms protecting minors' rights in child upbringing disputes, identifying judicial challenges and formulating legislative reforms.

September 2, 2026Юридические исследованияOpen Access

Procedural and substantive legal aspects of judicial consideration of child upbringing disputes

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To examine substantive and procedural mechanisms protecting minors' rights in child upbringing disputes, identifying judicial challenges and formulating legislative reforms.
Applied formal legal, comparative legal, and systemic-structural analytical methods to evaluate current civil procedural and family law frameworks.
Analyzed judicial practice, court records from general jurisdiction courts, and expert evaluations concerning custody, visitation, and parental rights restrictions.
Identified systemic enforcement problems, including bureaucratic formalism in guardianship authority conclusions and the inappropriate appointment of scientifically unsound psychological and pedagogical evaluations.
Demonstrated the necessity of establishing mandatory pre-trial mediation for disputes involving child residence and parental visitation schedules.
Formulated legislative amendments to the Russian Civil Procedure and Family Codes to set uniform qualification standards for experts and redefine guardianship bodies strictly as advisory reporting entities.

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Implication

Legal analysis reveals procedural and evidentiary flaws in child upbringing disputes, highlighting the need for mandatory pre-trial mediation and standardized expert qualifications.

Cite This Study

Anastasiya Antonovna Lukina (2026) studied this question.

synapsesocial.com/papers/6a97e305c562ede874ec784c https://doi.org/10.25136/2409-7136.2026.9.81814

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Implication

Legal analysis reveals procedural and evidentiary flaws in child upbringing disputes, highlighting the need for mandatory pre-trial mediation and standardized expert qualifications.

Procedural and substantive legal aspects of judicial consideration of child upbringing disputes

Key Points

Discussion

Implication

Cite This Study

Procedural and substantive legal aspects of judicial consideration of child upbringing disputes

Key Points

Discussion

Implication

Cite This Study

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