Taking away a young child

Taking away a young child in Ukraine

Parents' Right to Take a Minor Child from Other Persons in Ukraine

Parents’ Right to Take a Minor Child from Other Persons in Ukraine

Parents have priority over others for the young child to live with them.

Parents have the right to demand the removal of a young child from any person who does not retain him / her on the basis of a law or a court decision.

The court may refuse to take away a minor child and hand him over to his parents or one of them, if it is found that this is contrary to his interests.

In the UK, one of the personal non-property rights of parents is enshrined in relation to a young child (up to 14 years old), which is stipulated by the general rule that a young child must live with his parents.

Family lawyer in Ukraine

Family lawyer in Ukraine

Our lawyers are often asked the question: How to select a young child? How to make a claim for the removal of a child? From whom do parents have the right to demand the removal of their young child?

On our website advokat-family.com.ua you will find all the answers to your questions in the field of family law in Ukraine.

Parents' Priority Right to Live with the Child in Ukraine

Parents’ Priority Right to Live with the Child in Ukraine

In addition, this parental right is preferable to other persons, which include a grandfather, a woman, and other relatives:

  • sister;
  • brother;
  • aunt;
  • uncle;
  • as well as a guardian, who may be an outsider appointed to the child in the manner prescribed by law with his consent.

If the child is being held by any person (other than the aforementioned ones) not on the basis of a law or a court decision, then the parents have the right to demand the removal of the young child from any person.

Taking the child away from the person holding him in Ukraine

Taking the child away from the person holding him in Ukraine

The legislator does not specify the ways or procedure in which parents can demand the removal of a child from any person if he or she illegally detains their young child.

In our opinion, a child can be selected both out of court and in court.

As for the extrajudicial procedure, there may be a forced taking away of the child from other persons by the parents from a position of strength, since this may entail negative consequences for the parents, in particular, in the case when the child is with the grandmother, grandfather, and other relatives.

The persons who are holding the child have the right to voluntarily give it to the parents. And in the absence of a voluntary expression of will for the transfer of the child to the parents, the issue of its removal should be decided by the court.

Grounds for taking the child away from the person holding him in Ukraine

Grounds for taking the child away from the person holding him in Ukraine

That is, parents can go to court with a claim against persons who have a minor child for his removal if:

  • the child is legally (on the basis of law or a court decision) held by other persons who, in addition, will object to the transfer of the child to the parents, since this would be contrary to his interests, the court, taking into account all the circumstances of the case, the evidence presented by these persons, may refuse to removal of a minor;
  • the child is unlawfully held by other persons, and during the consideration of the case it will be established that he cannot be transferred to the parents, since this would be contrary to his interests (in particular, the parents abuse alcohol, drugs), then the guardianship and guardianship body that is involved in the case, he can express his opinion (give an opinion) on the removal of the child from the person who illegally detains him, and transferring him to the custody of the guardianship and trusteeship body.

But at the same time, the guardianship and trusteeship body can declare an independent demand for the transfer of the child to the care of this body. The court decision on the removal of the child after the entry into legal force is carried out in accordance with Article 78 of the Law of Ukraine “On Enforcement Proceedings”.

When executing the decision on the removal of the child, the state executor shall carry out executive actions with the obligatory participation of the person to whom the child is placed in foster care, and with the involvement of representatives of the guardianship and guardianship authorities.

  1. If necessary, the state executor may apply to the court with a request to resolve the issue of temporary placement of a child in a children’s or medical institution.
  2. If the debtor interferes with the execution of the decision on the removal of the child, the measures provided for by law are applied to him.
  3. In the case of a decision on the removal of a child, the court should clearly establish the debtor, and therefore all enforcement actions should be carried out specifically with respect to this subject.

Execution of the decision on the removal of the child in Ukraine

Execution of the decision on the removal of the child in Ukraine

The specificity of the activities of the state executive in the execution of decisions of this category lies in the fact that the mental state of the child should be taken into account, and therefore the means should be selected and applied with a certain caution.

That is why in Art. 78 of the Law states that the state executor carries out executive actions with the obligatory participation of the person to whom the child is placed in foster care, and with the involvement of representatives of the guardianship and guardianship authorities.

It was necessary in this norm to establish a mandatory medical examination of the child in order to establish the need for urgent measures for his treatment.

In particular, in part 2 of Art. 78 provides for a provision on the temporary placement of a child in a childcare or medical institution, and this is due to the need to adapt the child before handing it over to the claimant.

It is clear that the basis for applying to the court of the state executive is the state of health of the child, but it would be more appropriate in this norm to provide for the appeal to the court of representatives of the guardianship and guardianship authorities, who must take care of the child’s condition and ensure his rights and interests.

You should also pay attention to the fact that the provisions of Art. 76 of the Law of Ukraine “On Enforcement Proceedings”, and therefore non-fulfillment of the decision on a voluntary basis, even caused by the stay of the child not with the debtor, but with the grandfather and grandmother or with other relatives, cannot be considered grounds for non-fulfillment of the decision.

Therefore, in case of failure to comply with the decision on a voluntary basis, the measures established in Art. 87 of the Law.

It is believed that the search for a child can be initiated by a state executor when the measures taken against the debtor have not yielded results or when there is reason to believe that the child is in danger.

In the case of a declaration of a wanted child in accordance with Art. 35 of the Law, the execution of enforcement actions is stopped, and the search itself is carried out in accordance with Art. 42 of the Law, taking into account the provisions of Art. 45 of the Law.

Family lawyer when taking away a young child in Ukraine

Family lawyer when taking away a young child in Ukraine

In resolving a case when a young child is taken away, 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 promptness of the decision of the case when taking away a young 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.
Daria Sergeevna Scriabin
Family lawyer
The best way to save time and money when taking away a young child is to seek the advice of a good family lawyer!

Please contact our family lawyers if a positive outcome is important to you in the removal of a young 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

Frequently asked questions to a lawyer in Ukraine

From whom do parents have the right to demand the removal of their young child?
When and who should initiate the search for a child?
Can parents demand the transfer of a child to them, who is with persons who have legal grounds for his maintenance?
Do you need a personal presence of the client in court?
What is your experience in family affairs?
What is the cost of legal services in your company?

If the article “Taking away a young child” was useful for you, please 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:

  1. Acknowledgment of paternity
  2. Paternity dispute
  3. Establishing paternity
  4. Contesting paternity
  5. Determination of the child’s place of residence
  6. Deprivation of parental rights
  7. Adoption
  8. The order of communication, meetings with the child
  9. Departure of the child abroad
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