- Contesting paternity, maternity of a person who pays alimony by a court decision in Ukraine
- Family lawyer in Ukraine
- Contesting paternity in court in Ukraine
- Appealing a court decision in Ukraine
- List of personal rights and obligations of parents and children in Ukraine
- Family lawyer when challenging paternity, maternity of a person who pays alimony by court decision in Ukraine
- Frequently asked questions to a lawyer in Ukraine
Contesting paternity, maternity of a person who pays alimony by a court decision in Ukraine
The recovery from the person recorded by the father, mother, child support is not an obstacle to going to court with a claim to exclude information about her as the father, mother of the child from the record of his birth (Article 140 of the SK).
Family lawyer in Ukraine
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Contesting paternity in court in Ukraine
Art. 140 determines if the person who is registered as the mother pays alimony as the father, then this circumstance is not an obstacle to challenging the paternity of motherhood in court and excluding information about her (him) as the mother, father of the child from the record of his birth by the registry office.
This provision can be explained by the fact that when considering such a case, the court will not be those persons who participated in the consideration of the case for the recovery of alimony.
In addition, the subjects of consideration in such cases are clearly different. But on the basis of the alimony debt of parents or their relatives established by the court, it can be argued that they have a certain interest, and therefore they must be involved in the consideration of a case on challenging paternity, motherhood.
We agree with the opinion that the court decision on the recovery of alimony and alimony arrears from the specified person is subject to revision on the basis of newly discovered circumstances, if such a decision has entered into legal force. This decision is subject to immediate execution.
Appealing a court decision in Ukraine
If the period for appeal or cassation appeal of the court decision has not yet been exhausted, then it can be revised in the indicated proceedings, since in some cases the newly discovered circumstances are a shortcoming in the activities of a lawyer who did not use all the means of protecting the rights of persons, or the court, not with found out all the factual circumstances of the case.
In general, if a court decision establishes that the parents are other persons, then in this case there are no circumstances that will need to be reviewed in the course of proceedings due to newly discovered circumstances.
In particular, the norms of the Code of Civil Procedure should apply here, according to which the facts established by a court decision that entered into legal force in one civil case are not proven again in the proceedings of other civil cases in which the same persons are involved.
That is, the fact, established by the court as a result of challenging paternity or maternity, that the persons registered as the child’s parents are not, should release them from the obligation to pay alimony, since the court’s decision is generally binding and is sufficient and prejudicial evidence.
But the formal side of the recovery of alimony obliges to cancel the decision on which they were charged.
We also believe that after the reconsideration of the case due to newly discovered circumstances and the cancellation of the decision on the recovery of alimony, the parents who paid the alimony have the right to raise the issue of compensation for such alimony, as well as the reversal of the execution, if the execution concerned the immovable property belonging to them.
Clause 14 of the above resolution of the Plenum of the Supreme Court of Ukraine also states that the court’s satisfaction of these requirements may be the basis for reconsidering the decision on the recovery of alimony in connection with newly discovered circumstances.
An attempt to adopt the normative material given in this chapter of the IC is faced with numerous problems, among which the main ones are that there is no separate norm in which a general list of rights and separate obligations would be disclosed, have to be regulated in this chapter.
List of personal rights and obligations of parents and children in Ukraine
In our opinion, this norm should fix the following list of personal rights and obligations of parents and children:
- It is the responsibility of the parents to pick up the child from the maternity hospital or other health care institution.
- The obligation of parents to register the birth of a child with the state civil registration authority.
- Determination of the surname, determination of the name, determination of the patronymic of the child.
- The rights and obligations of parents for the upbringing and development of the child.
- Communication rights of parents and children.
- Parents’ rights to protect the child.
Exercise of parental rights and fulfillment of parental responsibilities:
- the rights and obligations of minor parents; the right of parents to determine the child’s place of residence;
- Parents’ right to take a young child away from others.
- Ensuring the child’s right to proper parental education.
A significant problem with this chapter is the fact that its provisions are revealed to a certain extent chaotically.
Therefore, when establishing specific rights and obligations, the question arises that the upbringing and development of a child is the right and obligation of parents (Articles 150, 151 of the Criminal Code), but when the issue of deprivation of parental rights is considered, it remains a controversial issue of how rights and obligations are deprived one of the parents and which ones remain valid.
Family lawyer when challenging paternity, maternity of a person who pays alimony by court decision in Ukraine
In resolving a case when challenging the paternity, maternity of a person paying alimony by a court decision, the most optimal is to contact a family child support 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 benefits of going to lawyers or attorneys for divorce and family law are:
- the promptness of the decision of the case when challenging the paternity, maternity of a person paying alimony by a court decision;
- 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.
To resolve the case, you need to call or write to our family lawyers and we will provide you with all the necessary information as soon as possible! Our lawyers will tell you how to get a divorce in Ukraine, where to file for divorce, how to file a divorce without consent.
Frequently asked questions to a lawyer in Ukraine
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Useful site materials advokat-family.com.ua:
- The rights of a woman and grandfather, great-grandmother and great-grandfather to raise grandchildren, great-grandchildren
- Control over the expenditure of alimony
- Real estate for the payment of alimony
- Origin of the child whose parents are married to each other
- Origin of a child whose parents are not married to each other
- The origin of the child from the father at the request of a woman and a man who are not married to each other
- Determining the child’s surname
- Determining the name of the child
- Determining the patronymic of the child
