✅ The procedure for communicating with a child through the court

The procedure for communicating with a child through the court in Ukraine

Scriabin Alexey Nikolaevich

family lawyer

Our family lawyers are often asked the following questions: What punishment awaits a person who evades the execution of a court decision? What is the procedure for communicating with a child through the court? When should a meeting with a child take place in the presence of another person?

On our website advokat-skriabin.com you can familiarize yourself with the topic: “The procedure for communicating with a child through the court” and, if you have any questions, seek legal advice from our family lawyers and lawyers who will provide you with legal services in family matters.

Resolving a Dispute Concerning the Participation of Separately Residing Parents in the Upbringing of a Child in Ukraine

If the parent with whom the child lives prevents the parent who lives separately in communicating with the child and in his upbringing, in particular if he evades the decision of the guardianship and guardianship authority, the second parent has the right to go to court with a claim to remove these obstacles.

The court determines the methods of participation of one of the parents in the upbringing of the child (periodic or systematic visits, the possibility of general rest, the child’s visit to his place of residence, etc.), the place and time of their communication.

In some cases, if this is due to the interests of the child, the court may condition the meeting with the child in the presence of another person.

What influences the decision of the court regarding the participation of one of the parents in the upbringing of the child in Ukraine

When resolving a dispute regarding the participation of one of the parents in the upbringing of a child, the following shall be taken into account:

• the attitude of parents to the performance of their duties;
• personal attachment of the child to each of the parents;
• the age of the child;
• health status;
• other circumstances of significant importance;
• the mental health status of one of the parents;
• abuse of alcoholic beverages or drugs by one of the parents.

At the request of the interested party, the court may stop the implementation of the decision of the guardianship and guardianship authority until the dispute is resolved.

Evasion of execution of a court decision in Ukraine

In case of evasion of the execution of the court decision by the person with whom the child lives, the court, upon the application of the parent who lives separately, may transfer the child to live with him.

A person who evades the execution of a court decision is obliged to compensate for material and moral damage caused to the parent who lives separately from the child.

The fact that the father or mother lives separately from the child does not deprive him of the right to personal contact with her and the obligation to take part in his upbringing.

If the parent with whom the child lives prevents the parent who lives separately in communicating with the child and in his upbringing, in particular if he evades the decision of the guardianship and guardianship authority, the second parent has the right to go to court with a claim to remove these obstacles.

Removing obstacles in communication with the child in Ukraine

The unified state register of court decisions testifies to the existence of a large number of court decisions in cases on the elimination of obstacles to participation in the upbringing of a child.

When resolving a dispute regarding the participation of one of the parents in the upbringing of a child, the attitude of the parents to the performance of their duties, the child’s personal attachment to each of them, the child’s age, state of health and other circumstances of significant importance, including the state of mental health of one from parents, his abuse of alcoholic beverages or drugs.

Court decision to remove obstacles in communication with a child in Ukraine

The court takes into account the conclusion of the guardianship and guardianship authorities, drawn up in accordance with paragraph 74 of the Resolution of the Cabinet of Ministers of Ukraine “Issues of the activities of guardianship and guardianship authorities related to the protection of the rights of the child” Kiev and Sevastopol, the state administration, the executive body of the city, district in the city (in case of formation) council, village, settlement council of the united territorial community submits to the court a written opinion on the ways of participation of one of the parents in raising a child, the place and time of their communication, drawn up on the basis of information received by the service for children as a result of a conversation with parents, a child, relatives who take part in his upbringing, an examination of the living conditions of a child, parents, as well as on the basis of other documents related to this case.

The materials of judicial practice indicate that in cases of removing obstacles in the upbringing of a child, the courts give priority to ensuring the best interests of the child.

This conclusion is based, inter alia, on the analysis of the decision of the European Court of Human Rights in the case “Hunt v. Ukraine” in which the European Court of Human Rights concluded that there must be a fair balance between the interests of the child and the interests of the parents and, following such a balance, special attention should be paid to the most important interests of the child, which, by their nature and importance, should prevail over the interests of the parents …

When the court can refuse to communicate with the child in Ukraine

The decision of the European Court of Human Rights in the case “Mamchur v. Ukraine” dated July 16, 2015 (date of appeal: 20.04.2019) The European Court of Human Rights decided that in determining the main interests of the child in each specific case, two conditions must be taken into account:

1. It is in the child’s best interest to maintain family ties, unless the family is particularly unfit or clearly disadvantaged.
2. It is in the best interests of the child to ensure that they develop in a safe, calm and sustainable environment.

In cases on the elimination of obstacles in the upbringing of a child, a psychological examination may be ordered, as evidenced by an analysis of judicial practice. An indicative list of decisions to be resolved in a psychological examination according to the established clause 6.6 of the Instructions on the appointment and conduct of forensic examinations and expert research and Scientific and methodological recommendations on the preparation and appointment of forensic examinations and expert studies (On the approval of the Instruction on the appointment and conduct of forensic examinations and expert studies and Scientific and methodological recommendations on the preparation and appointment of forensic examinations and expert research: Order of the Ministry of Justice of Ukraine No. 53/5 dated October 8, 1998. https://zakon.rada.gov.ua/laws/show/z0705-98.

If one of the parents appeals the decision of the guardianship and trusteeship authority on determining the methods of participation in the upbringing of the child and communication with him of the parent who lives separately from her, adopted in accordance with Art. 158 SK, the current legislation of Ukraine allows the court to suspend the execution of the corresponding decision of the guardianship and guardianship authority, which is one of the types of securing a claim, confirmed by the practice of the Supreme Court.

Responsibility for non-execution of a court decision in Ukraine

CK allows a parent who lives separately from the child to apply for the transfer of the child to live with him in case of evasion of the court decision by the person with whom the child lives.

Responsibility for non-execution of a court decision obliging the debtor to perform certain actions, established by Art. 75 of the Law of Ukraine “On enforcement proceedings” (On enforcement proceedings: Law of Ukraine dated June 2, 2016 No. 1404-VIII. Https://zakon.rada.gov.ua/laws/show/1404-19, according to which in case of non-compliance without for good reasons, within the time period established by the executor, a decision obliging the debtor to perform certain actions, and decisions on reinstatement at work, the executor issues a resolution on imposing a fine on the debtor – an individual in the amount of 100 non-taxable minimum incomes of citizens, on officials – 200 non-taxable minimum incomes of citizens, on the debtor – a legal entity – 300 non-taxable minimum incomes of citizens and sets a new deadline for execution.In case of repeated non-compliance by the debtor without good reason, the executor in the same manner imposes a double fine on him and applies to the pre-trial investigation authorities upon reporting the commission of a criminal offense.

Part 5 of Art. 159 of the SK also provides for the possibility of compensation for material and moral damage caused to a parent who lives separately from a child by a person who evades the execution of a court decision.

Family lawyer for cases about the procedure for communicating with a child through the court in Ukraine

To effectively resolve the case on the procedure for communicating with the child through the court, you should contact professional family lawyers.

Family lawyer:

• provide legal advice on family matters;
• will help to determine the best option for solving a family case;
• prepare all the necessary documents;
• accompanies the course of the entire trial.

Our family lawyers will do everything necessary for a quick and high-quality completion of a legal case!

Scriabin Alexey Nikolaevich

family lawyer

Contacting us is a way to save time and money in resolving the issue of the procedure for communicating with the child through the court.

If you do not know how to do the right thing to decide the case in your favor – write or call our family lawyers!

The first step on the road to success in solving a case on the procedure for communicating with a child in court is to contact good family lawyers!

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