✅ The rights of a woman and grandfather, great-grandmother and great-grandfather to raise grandchildren, great-grandchildren

The rights of a woman and grandfather, great-grandmother and great-grandfather to raise grandchildren, great-grandchildren

The rights of a woman and grandfather, great-grandmother and great-grandfather to raise grandchildren, great-grandchildren in Ukraine

Our family lawyers are often asked the following questions: What rights does a mother-in-law have over her grandchildren? What is the order of communication between grandmothers and grandchildren? How often should grandmothers see grandchildren?

On our website advokat-skriabin.com you can familiarize yourself with the topic: “The rights of a woman and grandfather, great-grandmother and great-grandfather to raise grandchildren, great-grandchildren” and, if you have any questions, seek legal advice from our family lawyers and lawyers who will provide you with legal services for family matters.

  1. Grandmother, grandfather, great-grandmother, great-grandfather have the right to communicate with their grandchildren, great-grandchildren, to participate in their upbringing.
  2. Parents or other persons with whom the child lives shall not have the right to interfere with the exercise by the grandmother, grandfather, great-grandmother, great-grandfather of their rights to raise their grandchildren, great-grandchildren.

If such obstacles are erected, grandmother, grandfather, great-grandmother, great-grandfather have the right to go to court with a claim to remove them.

In the UK, personal non-property rights and obligations of other family members and relatives are enshrined. In the circle of persons who are the bearers of such rights and obligations, the legislator in Chapter 21 of the IC includes grandmother, grandfather, great-grandmother, great-grandfather, grandchildren, great-grandchildren, siblings, stepmother, stepfather, stepson, stepdaughter, a person who took into her family for raising an orphan or a child deprived of parental care.

List of persons with whom relations are not regulated by the UK in Ukraine

Naturally, this list is narrower from the general circle of persons belonging to the category of relatives and other family members. In this regard, let us pay attention to Part 4 of Art. 2 of the UK, which states that this Code does not regulate family relations between cousins and sisters, aunt, uncle and niece, nephew and between other relatives as agreed. However, relations with the participation of such persons can also acquire an objective form of legal relationship.

According to Part 2 of Art. 9 UK persons living in the same family, as well as relatives by origin, whose relations are not regulated by the UK, can settle their family (kinship) relations under an agreement that must be concluded in writing. Such an agreement is binding if it does not contradict the requirements of the IC, other laws of Ukraine and the moral foundations of society. Consequently, the circle of subjects of family legal relations that fall under the characteristics of the category of relatives and other family members also includes those relatives, the relationship between which is not regulated by the IC.

Rights and obligations of other family members and relatives in Ukraine

The rights and obligations of other family members and relatives are organically linked to the natural human right to a family, which is enshrined in Art. 291 CC. An integral part of this right is the right of a person to maintain contact with his family members and relatives, regardless of where she is. Relations based on the realization of such a right are long-term, and their content depends on the civil status of their participants. Consequently, legal relations between other family members and relatives are based on their family legal conditions, which form the dynamics of such legal relations by opening, changing and terminating the rights and obligations of these persons.

The legal content of the category “other family members and relatives” is not, which has received its final interpretation. This is due to modern approaches to the content of the concepts of “family” and “family life” and their alignment with the principle of the best interests of the child, which follows from Art. From the UN Convention on the Rights of the Child. In Art. 1 of the Law of Ukraine “On Child Protection”, the phrase “ensuring the best interests of the child” is considered as actions and decisions aimed at meeting the individual needs of the child in accordance with his age, sex, health status, developmental characteristics, life experience, family, cultural and ethnicity and take into account the opinion of the child, if he has reached such an age and level of development, when he can express it.

However, the essence of the principle of the best interests of the child should be perceived depending on the specific circumstances of each individual family situation. Thanks to the implementation of this principle, both the support of communication between the child, parents, other family members and relatives, and the protection and protection of their rights and interests are provided.

Exercising the right to communicate in Ukraine

On the exercise of the right to communication and upbringing, the principle of the best interests of the child, based on the Convention on Contact with Children, manifests itself in the child’s need to contact, that is, and communicate, in any form, both with parents and with other persons who have family ties with the child. – legal ties. For the purposes of this Convention, “family ties” means a close relationship, for example between a child and his grandparent or siblings and brothers, which is based on the law or de fakto family relationship.

The right to contact with a child is also enshrined in the norms of the Law of Ukraine “On Child Protection”. In accordance with the Law, the right to contact is the realization by the mother, father, other family members and relatives, including those with whom the child does not live, of the right to communicate with the child, to meet these persons with the child, as well as to provide them with information about the child. or the child about such persons, if this does not contradict the interests of the child.

Despite some textual difference of the specified term in the specified Law and the Convention, let us note that its inclusion in this Law was due to the need to bring the latter into conformity with the provisions of the Convention. This is evidenced by the explanatory note to the draft Law of Ukraine No. 2409 dated April 18, 2008, with the adoption of which provisions on the right to contact are enshrined in the relevant norms of the Law of Ukraine “On Child Protection”. In these circumstances, such a definition in the law of the right of other family members and relatives to contact the child, and not the child’s right to contact, as provided for in the Convention, led not to a contradiction between the norms of the Convention and the Law, but to the enrichment of the content of such a right.

The right of grandparents to communicate with grandchildren in Ukraine

In the UK, the right of grandmothers, grandfathers, great-grandmothers and great-grandfathers to communicate with their grandchildren, great-grandchildren and to participate in their upbringing is enshrined. However, neither this norm, nor the norms of other legislative acts, these persons have duties from communication and upbringing. Such an obligation by virtue of the provisions of Art. 150 UK are the parents of the child.

The procedure for communicating with the child of other relatives in Ukraine

Brothers and sisters (Article 259 of the UK), a stepmother, a stepfather (Article 260 of the UK), a person who has taken a child into his family for education (Article 260 of the UK) are also vested with the right to communicate with the child and to participate in his upbringing (Article 260 of the UK). The preferential right over these persons to the personal upbringing of the child, as defined in Art. 150 SK, endowed with the parents of the child. But this does not limit the right of grandmothers, grandfathers, great-grandmothers and great-grandfathers to freely choose the forms and methods of raising their grandchildren and great-grandchildren, except for those contrary to the law and moral principles of society.

The child occupies a central place in such a relationship, since the exercise by all of these persons of their right to communicate with her and to participate in his upbringing is aimed at ensuring his right to proper upbringing. Communication is an innate human need and is the main form of human existence. Under any conditions, the exercise by individuals of the right to communicate and raise a child should take place in compliance with the principle of family legal regulation – the maximum possible consideration of the interests of the child. A child who can express his opinion must at least be listened to (Art. 171 CC).

Thus, the process of the implementation by the grandmother, grandfather, great-grandmother, great-grandfather of their legal opportunities to communicate with grandchildren and great-grandchildren and to participate in their upbringing, including their choice of forms and methods of such upbringing, associated with the right of others to communication and upbringing the child, the responsibility of the parents for his upbringing and the need to ensure the best interests of the child.

The consolidation of such a legal structure in the norms of the Investigative Committee pursues a specific goal – the need for the above persons to jointly implement the upbringing of a child in order to achieve the greatest result in such upbringing with the priority right of parents over other persons to raise a child. The functioning of the mechanism of such a legal structure should be consistent with the general goal of regulating family relations – building them on an equal footing, on feelings of mutual love and respect, mutual assistance and support (Article 1 of the SK).

Realization of the rights to communicate and participate in the upbringing of the child in Ukraine

The norms of family law enshrine certain guarantees of the exercise by grandfather, grandmother, great-grandfather, great-grandmother of the right to communicate and to participate in the upbringing of grandchildren. Part 2 of the commented article prohibits parents or other persons with whom the child lives from hindering grandfather, grandmother, great-grandfather, great-grandmother in exercising their rights to raise grandchildren and great-grandchildren. If such obstacles are erected, they have the right to go to court with a claim to remove them.

A certain reference point for the scientific and practical perception and application of this norm can be the decision of the Supreme Court of December 6, 2018, adopted following the results of the consideration of court case No. 541/319/17 (Resolution of the Supreme Court of December 6, 2018, court case No. 541 / 319/17. https://ips.ligazakon.net/document/view/C006498?an=3.

The Supreme Court came to the conclusion that the legislator has determined the mechanism for exercising the right of a woman and grandfather, great-grandmother and great-grandfather to raise grandchildren and great-grandchildren. Such a mechanism is manifested in the imposition of the obligation on the parents or other persons with whom the child lives, not to interfere with the exercise by the grandmother, grandfather, great-grandmother, great-grandfather of their rights to raise grandchildren, great-grandchildren; securing the right of grandmothers, grandfathers, great-grandmothers, great-grandfathers in the presence of obstacles in the upbringing and communication with grandchildren, great-grandchildren to go to court with a claim to eliminate them.

Family lawyer in cases of the rights of a woman and grandfather, great-grandmother and great-grandfather to raising grandchildren, great-grandchildren in Ukraine

To effectively resolve the case of the rights of a woman and grandfather, great-grandmother and great-grandfather to raise grandchildren, great-grandchildren, 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!

Contacting us is a way to save time and money in resolving the issue of the rights of a woman and grandfather, great-grandmother and great-grandfather to raise grandchildren, great-grandchildren.

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 way to success in solving the case on the rights of a woman and grandfather, great-grandmother and great-grandfather to raise grandchildren, great-grandchildren is to turn to good family lawyers!

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YANDEX

statement of claim on the elimination of obstacles in communication with the grandson

elimination of obstacles in communication with the grandmother’s child

positions in raising grandchildren

elimination of obstacles in communication with the granddaughter

dates with grandson

establishing dates with the grandmother’s child

ADVEGO

right 41 2.57
child 40 2.51
education 34 2.13
family 24 1.50
grandson 23 1.44
great-grandmother 20 1.25
grandchildren great-grandchildren 18 1.13 / 2.26
great-grandson 18 1.13
communication 17 1.07
family 16 1.00
relative 15 0.94
grandma 14 0.88
raising grandchildren 14 0.88 / 1.76
article 14 0.88
raising grandchildren of great-grandchildren 13 0.82 / 2.45
law 12 0.75
great-grandmothers great-grandfathers 12 0.75 / 1.50
great-grandfather 12 0.75
grandparents 11 0.69 / 1.38
grandfather 11 0.69
grandpa 11 0.69
right 11 0.69
term 11 0.69
family members 11 0.69 / 1.38
family members of relatives 11 0.69 / 2.07
ratio 10 0.63
lawyer 9 0.56
baba 9 0.56
grandparents great-grandmothers 9 0.56 / 1.69
grandpa’s women 9 0.56 / 1.13

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