Eliminating obstacles in communicating with your child online

Eliminating obstacles in communicating with your child online

Eliminating obstacles in communicating with your child online in Ukraine

Eliminating obstacles in communicating with your child online in Ukraine

Many parents do not know what they are entitled to do with their own children after divorce.

And this situation leads to numerous disputes and litigation between the former spouses. Therefore, each parent should know what rights the Family Code of Ukraine provides and observe them in relation to each other in the event of a divorce and the desire to meet with a child after a divorce.

Divorce is rarely peaceful. If a couple has children in common, the conflict between the parents negatively affects their mental state and creates artificial restrictions and prohibitions when communicating between the father and the child.

One of the unpleasant consequences of divorce is that the father is prohibited from communicating with the child. So, consider:

  1. features of meeting with children after divorce
  2. communication with a child after a divorce through a court
  3. is it possible to legally restrict communication with a child?

Features of meeting with children after divorce in Ukraine

Features of meeting with children after divorce in Ukraine

Whether the parents are married or separated does not affect children’s rights. According to the Family Code of Ukraine, they can communicate freely with their mother and father, as well as with relatives on each side. A woman should not interfere with meetings if this does not threaten the physical and mental health of a minor child.

After the probable determination of the child’s place of residence with the mother, the father retains the right to participate in the life of the common child. Family law establishes the following rights for a father who lives separately:

  • receive information about the state of health, treatment of the child, his education and upbringing;
  • participate in the educational process and make important decisions regarding the child;
  • meet and spend time with a minor.

In case of divorce, parents can, without involving the guardianship authorities and the court, agree on a schedule for communicating with children. One side announces its version, and the second accepts the conditions and offers its own. Upon reaching an oral agreement, the former spouses fulfill their obligations in the conditions of mutual trust. However, it is best to establish the specified agreements by an appropriate agreement.

EXAMPLE No. 1

When the Fomin spouses divorced, the court determined the place of residence of the young son together with his mother. The father, intending to participate in the child’s life, asked the woman’s colony to meet with his son on the weekend. The mother agreed to these conditions, asking her ex-husband to agree in advance with her the time of meetings. The former spouses secured their agreements with an agreement. The son spends time with his father on a weekly Sunday.

Communication with a child after a divorce through a court in Ukraine

Communication with a child after a divorce through a court in Ukraine

If, after the termination of the marriage, the mother and father could not find a common agreement but did not settle the conflict peacefully, then to resolve this issue, you will have to go to court. Since communication with a child is the right of a separately living parent, they usually go to the courts. The algorithm for applying to the court is as follows:

– preparation of documents;

– writing a statement of claim;

– sending documents to the district court (at the place of residence of the defendant with the child);

– the process of considering a dispute in court and making a decision;

– entry into force of the final judgment.

When making a decision, the court takes into account the causes of the conflicts, as well as the circumstances why the former spouses could not resolve the dispute peacefully. Additionally, the age and state of health of the minor, the employment of the parents and the child, their living conditions, addictions and the like are taken into account.

The advantages and disadvantages of dispute settlement in court are the following circumstances:

Establishing fair scheduling of visits.

The frequency of meetings is built taking into account the subjective characteristics of the provision of additional guarantees for the protection of the father’s rights.

Inability to make changes to the current regime.

The conditions may not suit the participants.

Which court should you apply to and what documents should you prepare in Ukraine?

Which court should you apply to and what documents should you prepare in Ukraine?

The district and city courts of Ukraine deal with such disputes. The statement of claim is filed at the place of residence of the defendant, since a minor child is under his care.

Before submitting an application, in addition to online consultation with a lawyer, you should prepare and attach to it:

– the desired schedule of meetings, drawn up based on the employment of the child and the father (with a specific indication of the days, time and place of meetings)

– a court decision on divorce;

– passports and taxpayer codes of participants;

– birth certificate;

– a certificate from the place of work on the employment of the plaintiff;

– characterization of the plaintiff father (from the place of work or service)

– a conclusion of the guardianship and guardianship authorities on the study of your living conditions, drawn up on your application;

– receipt of payment of the state duty;

– if available – explanations of witnesses (copies of passports), which will indicate your careful attitude towards the child, fulfillment of your parental responsibilities.

Judgment and Practice in Ukraine

Judgment and Practice in Ukraine

The judge, based on your complaint, can make one of the following decisions:

– satisfy the statement of claim;

– to refuse to satisfy the claim, since it lacks evidence and the necessary documents;

– partially satisfy the request of the plaintiff, based on the interests of the child and objective circumstances;

– leave the application without consideration if the court fee was not paid, the necessary documents were submitted, and the claim was not correctly drawn up.

In the latter case, the court gives the plaintiff time to correct the deficiencies. These shortcomings most often arise due to the lack of legal skills and self-confidence of the plaintiff.

Remember, only a family lawyer and a lawyer you can use will be able to achieve the desired result.

Is it possible to legally restrict communication with a child in Ukraine?

Is it possible to legally restrict communication with a child in Ukraine?

The Family Code establishes the rules and grounds for limiting the communication of children with each of the parents. These include:

  • negative consequences for the psychological development of a minor or his emotional state;
  • a separate parent turns children against a second parent;
  • visits that interfere with the educational process or interfere with attending extracurricular activities; spending time with your father is dangerous to your health.

To initiate a restriction, it is necessary to apply to the court that first considered the issue of establishing the rules of communication (if there was a similar procedure).

The petition must contain the memory of the following points:

– by what court and when the main decision was made to establish the procedure for communication with children;

– reasons for limiting rights;

– proof.

In addition to the statement of claim, the wife (husband) must provide evidence confirming the violations on the part of the father. It can be:

– certificate from the police about the use of physical violence against the child;

– explanations of witnesses;

– certificate from extracurricular circles.

The legal experience of a family lawyer is required to collect evidence and correctly implement a procedure aimed at removing obstacles and establishing a procedure for communicating with your child. In addition, in modern times, the need for personal participation in the direct collection of documents and court hearings is not necessary. A lawyer can collect evidence and certificates, represent your interests on the basis of an agreement.

Therefore, we recommend, in the absence of a compromise between the former spouses in the communication of a person who lives separately with the child, not to hesitate, but to contact us for legal assistance.

What if the mother forbids the father to communicate with the child?
The ex-wife does not allow me as a father to meet with our children, how can this be changed?
My husband and I parted ways, as he constantly beat me and my daughter. After the divorce, every time he saw our daughter, she came back in tears and bruises. How can I stop seeing my daughter and me?
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Useful site materials rozluchennya-onlain.com.ua:

  1. Divorce from a foreigner online
  2. Court permission for a child to travel abroad online
  3. Spouses property section online
  4. Restoration of documents in the registry office online
  5. Contesting paternity online
  6. Establishing paternity online
  7. Termination of parental rights online
  8. Alimony online
  9. Online divorce in Ukraine
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