- Parents’ decision on raising a child in Ukraine
- Family lawyer in Ukraine
- The order of communication with the child in Ukraine
- An example from legal practice – solving the issue of eliminating restrictions when communicating with a child in Ukraine
- Agreement on the settlement of issues between parents on the exercise of parental rights in Ukraine
- Family lawyer when communicating, meeting with a child in Ukraine
- Frequently asked questions to a lawyer in Ukraine
Parents’ decision on raising a child in Ukraine
The issues of raising a child are decided by the parents jointly, even after a divorce through the courts.
The parent who lives separately from the child is obliged to take part in his upbringing and has the right to personal communication with him.
The parent with whom the child lives has no right to prevent the parent who lives separately from communicating with the child and participating in his upbringing, if such communication does not interfere with the normal development of the child.
Parents have the right to conclude an agreement on the exercise of parental rights and the fulfillment of duties by those of them who live separately from the child.
The parent who lives with the child, in the event of his evasion from the execution of the contract, is obliged to compensate the material and moral damage caused to the other parent.
It is assumed that all issues of raising a child should be resolved by parents jointly, that is, if the parents and the child live together as one family.
Family lawyer in Ukraine
On our website advokat-family.com.ua you will find all the answers to your questions in the field of family law in Ukraine.
The order of communication with the child in Ukraine
The parent who lives separately from the child is obliged and has the right to take part in his upbringing and has the right to personal communication with him.
All issues related to the upbringing of the child, its content, harmonious development are decided by the parents by their mutual consent and while maintaining normal relations.
But in life there are different situations and the parent with whom the child lives should not prevent the second from communicating with the child, participating in his upbringing.
The hostile relationship that may develop between the parents should not affect the child. Parents should not forget that a child is not a thing that can be taken today and returned tomorrow; they should not injure his psyche.
An example from legal practice – solving the issue of eliminating restrictions when communicating with a child in Ukraine
So, in our lawyers for divorce, there was a case when the child’s parents divorced, the father voluntarily paid child support, sending alimony 200 UAH every month. by mail.
But the mother, with whom the child lived, under pressure from her mother (the child’s grandmother), did not accept this money, sending it back to her father, and told her daughter that her father was not interested in her, did not care, and did not help financially.
The child’s mother and his mother’s grandmother objected to the child’s communication with the father and the second grandmother (the father’s mother).
The father and grandmother on the father’s side were forced to apply to the guardianship and guardianship authority in order to resolve the issue of the possibility of free communication with the child.
When the application was submitted, a statement was received from the minor child to the guardianship and guardianship authority that he did not want to communicate with his father and grandmother. The latter, of course, were very upset.
However, at the meeting of the guardianship and trusteeship body at the hearing of the case, everything was clear. The child found out that his father provided him monthly maintenance, was interested in him, but his mother and grandmother prevented him from doing so.
In addition, the girl explained that her mother and grandmother insisted that she write such a statement, otherwise, if she had not written it, they said that they would abandon it and give it to their father.
The question arises, do not adults understand that they traumatize the child’s psyche, manipulate his feelings not for the sake of the child’s own interests?
By settling scores among themselves, they use the child and deprive him of parental care. Of course, this is unacceptable from the point of view of morality, but what to do when such cases do occur in life? A possible way out of this situation is to go to court to determine the child’s place of residence due to the fact that the father or mother does not comply with the requirements of the law and does not raise the child in respect of the father, other relatives, and the like.
But if communication of one of the parents negatively affects the child, which interferes with his normal development, then it should be carried out in the presence of other persons.
All controversial issues between parents on the upbringing of the child and communication with him can be resolved by the guardianship and guardianship authority, but if the dispute is not settled out of court, persons can go to court.
Agreement on the settlement of issues between parents on the exercise of parental rights in Ukraine
The novelty of the SK is the settlement between parents of issues of exercising parental rights and fulfilling obligations by concluding not an alimony agreement, but a general agreement regulating relations with the child.
This situation is enshrined in Part 4 of Art. 157 SK, which also assumes that the parent who lives with the child, in the event of his evasion from the execution of the contract, is obliged to compensate the material and moral damage caused by the second parent.
Although the UK does not provide for the form of such an agreement, it is advisable to notarize it.
The main terms of the contract must be specified, namely: how the upbringing of the child will be manifested, how many times a week one of the parents will see the child, how to spend weekends and holidays, vacations.
The law does not say anything about whether this agreement can simultaneously resolve the issue of paying alimony for the maintenance of a child, that is, certification of a mixed agreement that provides for issues of raising and maintaining a child.
Unfortunately, in practice, such cases take place, for example, one of the parents, by prior agreement, takes a voucher to a sanatorium for a joint vacation with a child, and the second, referring to objective grounds – the child’s illness, denies the possibility of such a vacation.
Therefore, nevertheless, based on the living conditions of the parents, the ability to raise and support the child, such cases should be resolved fundamentally, that is, if the terms of the contract are not met, the child is transferred to another parent for upbringing.
Family lawyer when communicating, meeting with a child in Ukraine
When deciding a case in the course of communication, meetings with a child through the court, the most optimal is to contact a family divorce lawyer, who will help you quickly and efficiently resolve the case in your favor.
Our lawyers specialize in solving family law cases, so they know the subtleties and nuances that will help speed up the process.
The advantages of going to family law lawyers are:
- the efficiency of solving the case when communicating, meeting with the child;
- quick preparation of documents for their submission to the court;
- saving material and time resources in solving the case;
- the ability to resolve issues online.
Please contact our family lawyers if a positive result is important for you when communicating with your child.
To resolve the case, you need to call or write to our family lawyers and they will provide you with all the necessary information as soon as possible!
Frequently asked questions to a lawyer in Ukraine
If the article “The order of communication, meetings with the child” was useful for you – like it. We will provide you with the most relevant and useful information in the field of family law, as well as on current changes in the legislation of Ukraine.
Useful site materials advokat-family.com.ua:
