Removal of a young child
On our website advokat-skriabin.com you can familiarize yourself with the topic: “Removal of a young child” 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.
The right of parents to take a young child away from other persons:
- 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.
A young child should not be separated from his parents, except in exceptional circumstances, therefore, Part 1 of Art. 163 of the Family Code of Ukraine contains a prescription on the priority right of parents over other persons to live with a minor child with them.
This is due to the natural necessity of communication between the child and the parents, and the parents – with the child.
The Child’s Right to Parental Care
Every child every day needs parental care, solving a number of issues on it, and, as a rule, it is the parents who must provide the child with the comfort of daily existence and making all decisions in his interests.
The sixth principle of the Declaration of the Rights of the Child (Declaration of the Rights of the Child, adopted by resolution 1386 (XIV) of the UN General Assembly of November 20, 1959 https://zakon.rada.gov.ua/laws/show/995_384) established that a child for full and harmonious development his personality needs love and understanding.
A child should, if possible, grow up in the care and under the care of his parents, in any case, in an atmosphere of love, moral and material security, except in cases where there are exceptional circumstances, should not part with his mother.
The impossibility of separating the child from the parents
If a minor child is kept by any person not on the basis of a law or a court decision, the child’s parents have the right to demand the immediate removal of the minor child.
This rule is a logical continuation of the principle of the impossibility of a child’s divorce from his parents, enshrined in Part 1 of Art. 163 of the Family Code of Ukraine.
The requirement to take away a minor child and hand him over to his parents or one of them cannot be satisfied only if it is established that this is contrary to the interests of the child.
For example, part 2 of Art. 161 of the Family Code of Ukraine, it is established that a child cannot be transferred for living to a parent who does not have an independent income, abuse alcohol or drugs, and by his immoral behavior can harm the development of the child.
Family Lawyer for Removal of a Minor Child
For an effective solution to the case of the removal of a young child, you should contact professional family lawyers.
- 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!
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 child abortion case is to contact good family lawyers!
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Checked by Victoria on 23.06.21
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