How to determine with whom a child should live during the war? The ombudsman answers
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Due to the full-scale invasion of Russia, many Ukrainian families faced the question of forced migration. Against this background, situations arise when parents cannot agree with whom the child will live. Ombudsman Dmytro Lubinets explained how to act in such a situation. According to him, there are already known cases of child removal by one of the parents in Ukraine. “I call on parents to act first and foremost in the interests of young Ukrainians and take into account the equal rights and obligations of both parents. Solve the issue of the child’s residence in accordance with the norms of the current legislation,” the ombudsman emphasized. Photo: Goodluz/Depositphotos The Family Code provides for the following procedures for determining the place of residence of a child with one of the parents: up to the age of 10, the place of residence of a son or daughter is determined with the consent of the parents; for children from 10 to 14 years old – only the consent of adults is not enough, the opinion of the child is also taken into account; from the age of 14, minors can choose with whom to live independently. If the parents cannot agree between themselves, with whom the child will live, they need to contact the guardianship or guardianship authority. To resolve the dispute, it is necessary to contact the district administration, state administration, executive body of the city council, district council in cities, village or settlement council. “If the issue could not be resolved in this way, an application to determine the child’s place of residence can be submitted to the court. In this case, the guardianship authority will stop considering the application,” – Dmytro Lubinets. A claim with the necessary documents must be submitted by one of the parents to the court of first instance at the place of residence or residence. In court, one of the parents must prove that he is responsible for fulfilling his duties, has no health problems, has an adequate financial situation and can provide satisfactory living conditions. The court also takes into account the stability of the child’s social ties, his psychological state, place of study and other circumstances. In particular, bad habits of parents, their work schedules, etc. During the consideration of the case regarding the child’s place of residence in the court, the participation of the guardianship authority is mandatory. We will remind you that earlier we explained how to divorce during the war. Read also: The Ministry of Justice announced divorce statistics for 2022
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