Communication with a child after a divorce

Communication with a child after a divorce in Ukraine

The order of communication (meeting) of children with each of the parents and their place of residence is one of the main issues considered by the court in the event of divorce. The husband and wife have the right to independently agree on the place of residence of their common children after the divorce and at what time to communicate with the father, who lives separately. During the meeting, the judge will get acquainted with the agreement: the agreements of the parents should in no way contradict the interests of the child.

If it was not possible to reach an agreement, the court will establish the procedure for communication (visits) with relatives and decide on the further place of residence of the minor. It is important to note that the parent living separately after the dissolution of the marriage retains all rights to the child.

If the mother or father prevents the child from communicating with the other party, the father has the right to appeal to the court. At the hearing, the opinion of the guardianship and guardianship authorities, teachers and the child himself will be taken into account. If the minor’s communication with the mother or father does not have a negative impact on his mental or emotional state, the court will make a decision in which it will determine the schedule of communication (visits) between the father and the child.

The right to communicate (date) with the child in Ukraine

According to the Family Code of Ukraine, a child has the right to communicate with both parents and other relatives, brothers, sisters, grandparents, aunts and uncles. Regardless of who the children live with after the termination of family relations, the other party retains all rights and responsibilities for the maintenance and upbringing of offspring. Communication with each of the parents can be carried out at any time convenient for both parties.

It is possible to limit the communication (meeting) of a man living separately with minors if his immoral lifestyle and negative impact on the physical or psychological state of the child are proved.

Among the reasons why the court may make such a decision:

• alcohol or drug addiction of parents (it is unacceptable for a child to meet with a mother or father in a state of intoxication)
• violent behavior (severe punishment or abuse of parental rights)
• psychological pressure on the child (setting minors against the mother or father, as well as other relatives)
• available evidence of a crime or family violence committed by the father against the child.

If distance is hindering meetings, parents have the right to telephone or Internet communication. In other cases, the spouses have the right to agree on the day and hour of meetings. If the schedule of communication between the child and the father is the subject of a dispute between the former spouses, it can be established in court. In considering such issues, the opinion of the guardianship and guardianship authorities, the degree of adherence of the minor to the parents, as well as the opinion of the child himself, are taken into account.

Communication (dating) between father and child after divorce in Ukraine

Judicial practice shows that after divorce, children in most cases live with their mother. In this case, the father retains all parental rights. He can:

1. participate in solving issues of the child’s education;
2. to be the legal representative of their minor children;
3. receive all information from medical institutions;
4. coordinate and obtain consent for the export of a minor abroad
5. freely communicate and see children.

Parents have the right to appoint the frequency of meetings (dates) and their duration independently. If the schedule of communication between the child and the father is established in court, the mother has no right to violate it without prior approval.

At the same time, if the child is already ten years old, the court must definitely clarify her opinion about which of the parents he wants to live with and how often to see each of the parents.

The father has the right to meet with the children in neutral territory, attend recreational activities with them or take them home. Often, the ex-wife has a negative attitude towards the acquaintance of a common child with the father’s new family, but in accordance with Ukrainian legislation, she has no right to interfere with such visits (dates).

If the father does not want to communicate with the child after the divorce in Ukraine

Most often, after a divorce, the father himself refuses to communicate with the children. There may be several reasons for this behavior, among the most common:

• unwillingness to see and communicate with ex-wife;
• a new family, takes up the bulk of a person’s time, and may also show dissatisfaction with communication with a child from a previous marriage;
• lack of parental feelings.

The mother is primarily capable of influencing the attitude of the ex-husband to joint children. However, it is virtually impossible to legally oblige the husband to see and participate in the life of the children. The Family Code provides for the preservation of the former spouses not only rights, but also obligations in relation to their children. The father may be forced by a court order to pay alimony. If he refuses both communication with the child and his maintenance, the father may be deprived of parental rights in court.

A psychologist can help to realize the child’s right to communicate with a father who avoids meetings (dates). Sometimes working with specialists helps a man overcome resentment against his ex-wife and understand the importance of his role in the life of common children. A psychologist can influence not only the father, but also the attitude of minors to the current situation.

The rights of grandparents to communicate (date) with grandchildren in Ukraine

According to the Family Code of Ukraine, not only parents have the right to communicate with children, but also all close relatives: sisters, brothers, grandmothers and grandfathers. The father, who lives with the child, and the relatives can agree on the schedule of meetings and their duration on their own. If it is not possible to agree, grandparents can go to court with a statement of claim.

On the basis of a claim, the guardianship and guardianship authorities, as well as a court decision, can oblige parents not to interfere with the child’s communication with relatives. However, such meetings (dates) should not contradict the interests of children, harm their physical or emotional state.

A minor who has reached the age of 14 can independently apply to the court, declaring a desire to live or communicate with grandparents.

The court decision may display the schedule and methods of communication with relatives. The main task of the court and employees of the guardianship and guardianship authorities is to find a compromise between the father and relatives, to help in reaching an agreement. If, after the entry into force of the decision, the parent or guardian prevents grandparents from meeting with their grandchildren, then, in accordance with the Law of Ukraine, the state executors may enforce the defendant.

It is possible to limit communication between grandparents and grandchildren only because of their negative impact on the child. In order for the court to make such a decision, the father will have to provide evidence of harm from communicating with relatives.

How to establish a procedure for communication (meeting) between a father and a child in Ukraine?

If, during the divorce proceedings, the mother and father could not agree on the procedure for communicating with common children, then the schedule and time of meetings (dates) with the father, who lives separately, is established in court. Such a decision is made in the interests of the minor, therefore, the guardianship and guardianship authorities are necessarily involved in the meetings.

If the child is already ten years old, the court is obliged to take into account his opinion about the time and duration of meetings (visits) with each of the parents. In addition, much attention is paid to the characteristics of the parents and their influence on the minor. For example, if the mother of the child claims that during the meetings the father turns the common child against her, the court can decide on the communication of the children with the father only in the presence of the mother.

The guardianship and guardianship authorities will also pay attention to how the communication with the child took place in court. If not permanent, then experts can make a conclusion about a limited time for a father to visit his child or about a meeting (meeting) in neutral territory. Such measures are taken in the interests of children: finding themselves in an unfamiliar environment, the child can feel severe stress.

If the established order of communication does not suit one of the parties, then the father has the right to go to court with a demand to change the schedule of meetings (dates). In the statement of claim, the ex-spouse must indicate their version of the procedure for communicating with the child, including the time, duration, territory for meetings. It is possible to draw the attention of the court to the changed conditions, circumstances of the plaintiff’s life: a change in the financial situation, getting rid of addictions, purchasing his own home, and the like.

Also useful information on the website “Divorce Online” of the family lawyer Alexei Nikolayevich Scriabin may be for you: how quickly to leave, divorce and children, documents for divorce with children, how do children share in divorce? how to pick up a child from an ex-wife? division of property in case of divorce from children, division of apartment in case of divorce from a child, restriction of communication between father and child, wife prohibits seeing the child – what to do?

How to limit communication between father and child after divorce in Ukraine

According to the Family Code of Ukraine, if communication with the father harms the minor, the court has the right to restrict communication with the child, without depriving the father or mother of parental rights. To make this decision, there is a list of grounds:

• leaving children alone with the father is dangerous to their health (for example, if the father has psychological disorders)
• behavior can harm the health or psyche of children;
• communication with the father or mother is contrary to the interests of the minor (for example, the child himself categorically refuses to meet).

It is possible to restrict communication between the child and the father by a court decision. In this case, the mother must apply to the appropriate authority with a statement of claim. It can provide evidence confirming the danger of meetings (dates) for minors, and attach documents (for example, certificates from medical institutions, characteristics of neighbors or colleagues, testimonies of witnesses).

The case of restricting communication with a child is considered in the district court at the place of residence of the defendant or the child. The court fee in this case is paid in the amount of 908 hryvnia (as of 2021).

The mother can file a lawsuit after the dissolution of the marriage, even if the parents first agreed on the procedure for communicating with the children. The court will take into account the conclusion of the guardianship and guardianship authorities on the conditions in which the parents live, their marital status and the children’s attachment to the mother and father.

Restriction of communication does not exempt the father from paying alimony for the maintenance of the common child. However, after a court decision, the father does not have the right to independently raise the child. Later, the court decision can be canceled if the circumstances referred to by the plaintiff disappeared, and the child himself wants to communicate with the father.

If the father does not communicate with the child, is it possible to deprive him of parental rights in Ukraine

According to the Family Code of Ukraine, a father may be deprived of parental rights in case of evasion of his duties. The reasons why the court can make such a cardinal decision may be the father’s refusal to communicate and meet with the children, as well as evasion from paying alimony. The deprivation of parental rights by the father may occur at the suit of the mother of the child or the guardianship authorities. The plaintiff’s statement must indicate why he considers it necessary to make such a decision.

If the father does not communicate with the children and does not participate in their life for more than six months, the court has the right to consider the case of deprivation of his parental rights. However, for this, the plaintiff must be provided with evidence. They can serve as testimony, conclusions of the guardianship and guardianship authorities, documents confirming non-payment of alimony for the maintenance of a common child, a doctor’s certificate, information from educational institutions, sports sections in which the child is studying.

If the father does not fulfill parental responsibilities for valid reasons (for example, illness, difficult life circumstances), it will not be possible to deprive him of parental rights. The court decision does not exempt the father from paying child support, does not deprive the child of the right to property. The father himself loses the opportunity to receive benefits and further maintenance from the children upon reaching the age of majority.

According to the Family Code of Ukraine, if a father changes his behavior, attitude towards children and gets rid of the circumstances that prevent him from fully engaged in upbringing, he can be restored to parental rights. This procedure also takes place in court and takes place in the best interests of the child. The meetings on this issue must be attended by employees of the guardianship and guardianship authorities.

What to do if the ex-wife interferes with communication (dating) with the child in Ukraine

Contradictions between ex-spouses, mutual resentment and hostility often lead to the fact that the ex-wife prevents the child from communicating with the father. If the parents could not come to an agreement on the procedure for communicating with him, the party whose parental rights are limited can go to court.

In the statement of claim, the father must be presented with evidence that he tried to negotiate with his ex-wife, but despite this, she continues to prevent him from meeting (dating) with a common child. Testimony of witnesses can be an important argument. They can state that:

1. before the divorce, the father took an active part in the child’s life, was engaged in her upbringing;
2. children are attached to their parents, and their communication is necessary for the full development of the personality of a minor;
3. after the termination of family relations, the ex-wife manipulates the child, refusing the father to communicate with her through personal grievances.

To make a decision, a psychologist and guardianship authorities are involved in the case. They conduct a conversation with a minor child, after which they present to the court a conclusion about her affection for her parents and the emotional state after meeting with him.

Useful site materials rozluchennya-onlain.com.ua:

1. Separation of an apartment in case of divorce from a child
2. Division of property in case of divorce from children
3. How do children share in divorce?
4. Documents for divorce from children
5. Divorce and children
6. How to break up quickly
7. Divorce during pregnancy
8. Refusal to divorce
9. Divorce in Ukraine without a lawyer (on your own)