Citizens are often interested in the question of whether it is possible to examine the dispute about determining the child's place of residence and/or establishing the order of visitation, if it was previously examined by another court and there is already a final judicial act resolving the dispute.

The principle of legal certainty requires that as a result of the investigation of the case, a person has a final judicial act resolving his legal dispute. It is noteworthy that the final court act imposes one or another duty on the disputing parties, reserves one or the other rights, so they must be clear and unchangeable for the litigants.
In order to ensure this principle, the legislator established a requirement to end the case proceedings without considering the merits of the case in all cases when it becomes clear that there is a final judicial act aimed at solving the same dispute between the same persons on the same basis.
It should be kept in mind, however, that in cases related to the interests of the child, there are not few cases when the courts, considering the issue of terminating the case proceedings, continue the investigation of the case and give a new solution to the dispute.
Perhaps the reason is that when examining disputes related to the interests of the child, in compliance with the requirement of Article 3 of the UN Convention on the Rights of the Child, the courts consider the best interests of the child as a priority. The best interest of the child is evaluated after combining such circumstances as, for example, the age of the child, the behavior of the parents, the relationship of the child with each of the parents, etc.
Some of the mentioned circumstances worthy of attention due to time will inevitably be subject to change, thereby creating in a number of cases the need for a new examination of the case, as well as to take into account the factual circumstances that have already changed during it, to assess the best interest of the child in their light.
Thus, the changed circumstances become the factual basis of the newly filed claim, as a result of which it is recorded that although there is a final court act between the same persons essentially resolving the same dispute, the factual basis of the case is different, so there is no reason to terminate the case proceedings. the basis laid down in the Code of Civil Procedure.