✅ Determining the child’s place of residence

Determining the child's place of residence

Child’s place of residence in Ukraine

Parents’ right to determine the child’s place of residence:

  • The place of residence of a child under ten years old is determined by agreement of the parents.
  • The place of residence of a child who has reached the age of ten is determined by the general consent of the parents and the child himself.
  • If the parents live separately, the place of residence of the child who has reached the age of fourteen is determined by him.

Determination of the child’s place of residence with the consent of the parents in Ukraine

According to the Ukrainian traditions of raising children, a child usually lives with both parents and such an organization of upbringing is in the best interests of the child.

However, under different circumstances, the parents of a child may live separately, in particular, given the termination of the marriage relationship between them.

In such a situation, parents can agree on the place of residence of the child (including by concluding a contract).

Part 1 of Art. 160 SK does not oblige parents to obtain the child’s consent to determine her place of residence, although according to Part 1 of Art. 171 UK child has the right to be heard by parents, other family members, officials on matters that concern him personally, as well as family matters

The child’s right to determine his place of residence in Ukraine

A child who can express his opinion must be heard when resolving a dispute between parents regarding his place of residence (part 2 of article 171 of the UK). The child’s right to freely express his thoughts is also enshrined in international acts, in particular in Art. 13 of the Convention on the Rights of the Child.

The place of residence of a child who has reached the age of ten is determined by the general consent of the parents and the child himself.

It seems that in the event of a dispute between parents about the place of residence of a child who has reached the age of ten and before he reaches the age of fourteen, special attention should be paid to which of the parents the child wants to live with.

The above provision is also set forth in clause 18 of the resolution of the Plenum of the Supreme Court of Ukraine “On the application of legislation by courts when considering cases on the right to marriage, divorce, invalidation and division of the common property of spouses.”

If the parents live separately, the place of residence of the child who has reached the age of fourteen is determined by him.

This provision of the SK is consistent with Part 2 of Art. 29 of the Civil Code, which gives an individual who has reached the age of fourteen, the right to freely choose his place of residence, with the exception of restrictions established by law.

Dispute over the place of residence of a minor child in Ukraine

Article 161 of the UK deals with a dispute between a mother and a father regarding the place of residence of a young child. If the mother and father, who live separately, do not agree on whether the young child will live with them, the dispute between them can be resolved by the guardianship authority or the court.

When resolving a dispute about the place of residence of a minor child, the attitude of the parents to the fulfillment of their parental duties, the child’s personal attachment to each of them, the child’s age, state of health and other circumstances of significant importance are taken into account.

The guardianship and trusteeship authority or the court cannot transfer the child for living to one of the parents who does not have an independent income, abuse alcohol or drugs, and their immoral behavior can harm the development of the child.

If the guardianship and trusteeship authority or the court has found that none of the parents can create the child appropriate conditions for education and development, at the request of the grandmother, grandfather or other relatives involved in the case, the child may be transferred to one of them.

If the child cannot be transferred to one of these persons, the court, at the request of the guardianship and guardianship authority, may decide to remove the child from the person with whom he lives and transfer him to the custody of the guardianship and guardianship authority.

Article 161 as amended by Law No. 524-U of 12/22/2006 states that a dispute between a mother and a father regarding the child’s place of residence (until he reaches fourteen years of age) can be resolved both in an administrative (guardianship and care authority) and in court.

Settlement of a dispute over the determination of the child’s place of residence in Ukraine

The procedure for resolving the dispute on the determination of the child’s place of residence by the guardianship and guardianship body established by clause 72 of the Resolution of the Cabinet of Ministers of Ukraine “Issues of the activities of guardianship and guardianship bodies related to the protection of the rights of the child.”

To resolve the dispute between the parents, regarding the determination of the child’s place of residence, one of the parents submits an application, a copy of the passport, a certificate from the place of registration (residence), a copy of a certificate of conclusion or divorced marriages (if availability), a copy of the child’s birth certificate, a certificate from the place of study, upbringing of the child, a certificate of alimony payment (if any).

When resolving disputes between parents regarding the determination of the place of residence (location) of the child, the child affairs service should be guided by the best interests of the child, taking into account the equal rights and obligations of the mother and father in relation to the child.

The order of actions of the employee of the service for children in Ukraine

An employee of the child affairs service at the place of residence (location) of the child conducts a conversation with the parents and visits the child at the place of residence, about which he draws up an act of examination of living conditions in the form, in accordance with the established Regulations, and also applies to a social institution and / or a social work specialist to ensure that a family needs assessment is carried out in order to determine the ability of the mother, father to fulfill the responsibilities of raising and caring for the child.

If the parents of the child live within various administrative-territorial units, the parent who submitted an application for determining the place of residence of the child with him applies to the child affairs service at the place of residence (stay) to conduct a survey of his living conditions and draw up an act of examination of conditions residence.

The specified act is transferred by the applicant to the service for children at the place of residence (location) of the child, the employee of which conducts a conversation with him.

After examining the living conditions, conducting an interview with the parents and the child, the child affairs service draws up a conclusion on the determination of the child’s place of residence and submits it to the guardianship and guardianship body for making an appropriate decision.

The peculiarities of judicial consideration of cases on determining the place of residence of a child is that the guardianship and trusteeship body is involved as a third person who does not declare independent claims regarding the subject of the dispute.

Declaration of the rights of the child in Ukraine

The Unified State Register of Court Decisions contains a number of court decisions in which the courts applied the norms of principle 6 of the Declaration of the Rights of the Child on the inadmissibility of divorce of a young child from his mother to legal relations arising from the determination of the child’s place of residence, except in cases where there are exceptional circumstances.

In particular, this conclusion is also contained in the decision of the Supreme Court of Ukraine dated July 12, 2017 in case No. 6-564ts17.

However, in accordance with the legal position set out on October 17, 2018 in the decision of the Grand Chamber of the Supreme Court, the Declaration of the Rights of the Child of November 20, 1959 is not an international treaty in the meaning of the Vienna Convention on the Law of Treaties of May 23, 1969 and Law No. 1906 IV and in determining the place the child’s residence, priority should be given to the best interests of the child in accordance with the requirements of Art. From the Convention on the Rights of the Child of November 20, 1989 (Resolution of the Supreme Court in case No. 402/428/16-c of October 17, 2018 http://www.reyestr.court.gov.ua/ Review / 77361954.

Considering the above, the father and mother have equal rights to determine the place of residence with them.

Conditions for granting parents the right to permanent residence of a child in Ukraine

When deciding a dispute about the place of residence of a young child, the guardianship and guardianship authority or the court takes into account a number of circumstances:

  • the attitude of parents towards fulfilling their parental responsibilities;
  • personal attachment of the child to each of the parents;
  • the age of the child;
  • his state of health and other circumstances of significant importance.

The rule established by Part 2 of Art. 161 UK, is a logical development of the generally accepted provision on the priority of the best interests of the child, and is aimed at protecting the child from living with a parent who does not have an independent income, abuse alcohol or drugs, and can harm the development of the child with his immoral behavior.

If both the mother and the father can create the proper conditions for the upbringing and development of the child, the latter can be transferred to other relatives involved in the case.

Usually these relatives are the grandparents of the child, but the UK does not contain an exhaustive list of relatives to whom the child may be transferred.

If there are no persons who could create suitable living conditions for the child, the court, at the request of the guardianship and guardianship authority, may decide to remove the child from the person with whom he lives and transfer him to the custody of the guardianship and guardianship authority.

According to the rules of clause 72 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”, if the guardianship and guardianship authority has established that none of the parents can create the child appropriate conditions for education and development, the service children submits a petition to the chairman of the district state administration, the executive body of the city or village council of the united territorial community to deprive such parents of parental rights or to take away the child without deprivation of parental rights.

Useful site materials advokat-skriabin.com:

  1. Lawyer in Zaporozhye
  2. Alimony lawyer
  3. Divorce
  4. Division of property of spouses
  5. Deprivation of parental rights
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  7. Elimination of obstacles in communication with the child
  8. Obtaining a court decision
  9. Apostille on documents
  10. Obtaining duplicate duplicates of documents at the registry office
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Checked by Victoria on 22.06.21

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