How do children share in divorce?

How do children share in divorce?

How do children share in divorce in Ukraine?

Divorce in the presence of common minor children is carried out exclusively in court, while the spouses are obliged to indicate to the court the resolution of controversial issues: aspects of the upbringing and maintenance of children, as well as the division of jointly acquired property.

If there is no dispute over the child, or the couple presents a joint agreement on children to the court, the court only deals with the issue of divorce.

If the father and mother cannot come to an agreement on the upbringing and further living of the common child, then these conditions are decided by the court.

The most difficult, emotionally difficult issue for children that arises during a divorce of spouses is the dispute over the determination of the place of residence of a minor, or, as it is called in everyday speech, the separation of children.

Mostly in the event of a divorce by a court decision, the child will remain with the mother, but the legislation establishes equal rights to the child for both parents, if this does not contradict the interests of the children.

Obligatory participation in the court hearing on the issues of leaving the child with one of the parents is taken by the guardianship and trusteeship body, which is obliged to go out with an examination of the living conditions at the place of residence of the mother and father, and give the court its written opinion on the merits of the dispute.

Parents' Rights to Children in Divorce in Ukraine

Parents’ Rights to Children in Divorce in Ukraine

In accordance with family law, officially established parents have a minor son or daughter absolutely equal rights and bear equal responsibility for them.

“Officially established” means that they were recorded by the father and mother in the birth certificate (in the absence of a certificate in the certificate, it stipulates that the father was recorded at the mother’s request, that is, according to her words).

The rights of the father and mother in relation to children include:

  • the right to choose a child’s name, surname and patronymic;
  • the right to communicate with children, to actively participate in their life, development, even when living separately from them (as well as to involve children in communication with relatives on the spouse’s side – grandmothers, grandfathers, aunts, uncles, brothers and sisters);
  • determine the way of teaching and educational institution;
  • choose an additional occupation (visiting circles, sections, attraction to religion, etc.);
  • organize leisure activities;
  • choose medical institutions, social circle, methods of education, and the like.

The main factor in the exercise of parental rights is the action of each parent exclusively in the interests of the common child.

Many women, being the initiators of the divorce, sometimes naively believe that the child will be “by default” left in court with the mother.

However, if, upon dissolution of the marriage, a dispute arises between the spouses about the determination of the place of residence of a minor child, the court will take a long and careful decision on this issue, study the living and upbringing conditions proposed by each of the parents, and will involve the guardianship and trusteeship body as a third party.

When determining the place of residence of a minor in a judicial proceeding, the judge will regard the mother and father as equal parties, do not have advantages over each other, therefore, the idea that the father has less rights to the child is a mistake.

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 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, communication with a child after a divorce, restriction of communication between a father and a child; the wife prohibits seeing the child – what to do?

Who does the child legally stay with after the parents divorce in Ukraine?

Who does the child legally stay with after the parents divorce in Ukraine?

There is no unequivocal answer to this question in the legislation, therefore, when turning to the judge to consider this dispute, the father and mother should think carefully and try to resolve this issue peacefully by concluding an agreement on the child.

A child agreement is a written document drawn up by parents in an arbitrary form, reflecting the main aspects of raising children after divorce:

  1. determination of the child’s place of residence;
  2. determination of the order of communication between the father and the child, will live separately;
  3. alimony maintenance of the child by the father, who lives separately.

If the conclusion of an agreement is impossible and the parents categorically disagree with each other in matters of the upbringing and further residence of the child with one of them, the court will make a decision, including relying on the conclusion of the guardianship and guardianship authority.

As you know, the trial is an adversarial process, so the child will end up with the parent to whom he is more attached and who will prove that his conditions are most favorable for her life and all-round development.

How does the court determine with whom the child will stay in Ukraine?

How does the court determine with whom the child will stay in Ukraine?

To make a fair decision, the court must pay attention to the following factors:

  • The living conditions of each parent (home arrangement, its remoteness from the child’s place of study, the child has a separate sleeping and working place, maintaining cleanliness and order in the home, the availability of repairs, etc.) specialists of the guardianship authority, having previously visited each of the parents at home;
  • Social status:
  1. the availability of a place of work and its nature (a well-paid job is a positive side of the matter, but, for example, regular business trips will become an obstacle to leaving a child with such a father)
  2. the state of health of the parents and the child (absence or presence of chronic diseases, disability, registration in “narrow” medical specialists);
  3. cases of deprivation or restriction of the father’s parental rights in relation to other children;
  4. the presence or absence of a criminal record and the like.
  • The opinion of the minor himself – the court must proceed from the interests of the child and hear her personal opinion on the merits of the dispute, if this does not contradict the interests of the latter. According to the law, a child who has reached the age of 10 and older can be questioned in court in the presence of a teacher (or a person with a higher professional education) at the court session.
  • The gender and age of the child (young children – under the age of 10, the courts most often leave with the mother, given the greatest psychological attachment to the mother at this age threshold; the gender of the child is also taken into account – girls are more drawn to the mother, boys, on the contrary, to the father) …

Taken together, comparing all the above factors, having studied the submitted documents, having received the conclusion of the guardianship and guardianship authority, the court makes a decision that is focused solely on protecting and preserving the rights and interests of a minor child (children).

How to “sue” a child from a father (husband) or mother (wife) in Ukraine?

How to “sue” a child from a father (husband) or mother (wife) in Ukraine?

Determining the place of residence of a minor with one of the parents is not an unconditional factor and cannot be changed.

If, upon dissolution of the marriage, the child’s place of residence is established by the court with one of the parents, after a while the other parent has the right to apply to the court with a claim with the requirement to determine the child’s place of residence with him. In such a situation, the court must present serious evidence that:

  • the minor independently wishes to move to the other parent and for this there are all the necessary conditions;
  • or leaving the same place of residence is dangerous for the normal development and upbringing of the child (for example, a parent with whom a child with alcoholism lives or is registered with a psychiatrist, etc.).

The same factors will be clarified by the court and directly at the dissolution of the marriage, when the question of who the minor will remain with if he is inclined to drink alcohol, has negative characteristics at the place of residence or work, suffers from drug addiction or has previously been deprived of parental rights in relation to another child – the judge will most likely make a decision to leave the child with the father.

Determination by the Court of the Child's Residence in Ukraine

Determination by the Court of the Child’s Residence in Ukraine

The place of residence of a child with one of the parents can be determined:

  • Directly at the time of divorce (that is, in one lawsuit):
  1. in case of divorce in court – (if the court provided an agreement on the merits of the matter by the parents)
  2. in court – if an agreement is not reached between the parents and there is a dispute (in this case, it may happen that the lawsuit begins to be considered by the court, and already during the trial, the father suddenly expresses a desire to take the child for himself: in such a situation, the issue of divorce is delayed.
  • As a separate statement of claim “On the determination of the child’s place of residence” submitted to the court.

When resolving a dispute, the following procedure takes place:

  1. The court examines the documents provided by the parties (father and mother) of the child.
  2. Hears testimony from invited witnesses.
  3. Sends a request to the guardianship and trusteeship authority to provide the court with acts of inspection of living conditions and recommendations for resolving the dispute on the merits;
  4. After receiving the conclusion of the guardianship authority and hearing the opinion of the child (if possible), the court makes a decision on divorce and determination of the child’s place of residence.

Registration (registration) of a minor does not play a role in leaving him with one of the parents: the child can be registered with the father, and live with the mother, and vice versa.

If there are several children in a family, it is customary to breed them from a moral, ethical and educational point of view. However, in this situation, the court will take into account the existence of conditions for minors in both families, as well as the degree of attachment of the child to each of the parents, brothers or sisters.

Frequent cases from judicial practice show that the courts periodically go to the separation of children: the girl is left with her mother, the boy – with his father. The main thing is that with such a separation, the child expresses a personal desire, and nothing threatens her life and normal development.

Determining the order of communication with the child in Ukraine

Determining the order of communication with the child in Ukraine

Every child has the right to know his parents, the right to communicate with them and receive care and attention from them. Just like every parent has the right to exercise their parental rights, it is primarily expressed in direct communication with their child, receiving information about him, participating in her upbringing, development and promotion of education.

Therefore, along with divorce, the courts may consider the issue of determining the procedure for communicating with the child by the father, who will live separately.

According to the Family Code of Ukraine, the father, who lives with the child, does not have the right to interfere with the separate parent from communicating with the child, if it does not pose a threat to the life and health of the latter.

In the absence of an agreement on the exercise of parental rights in a divorce, this issue is also considered by the district court with the obligatory participation of the guardianship and guardianship authority.

During the trial, the court will require:

  • characteristics for each of the parents at the place of residence and work;
  • characteristics from school, kindergarten, polyclinic showing the role of parents in education;
  • acts of inspection of living conditions and the conclusion of the guardianship and trusteeship authority;
  • a very scrupulous schedule of meetings suggested by the parents during the dispute;
  • specific days and hours of meetings;
  • holding family holidays, weekends indicating the address of stay (for example, the father’s birthday is celebrated with the father, mothers – with the mother; one weekend of the month is spent in the father’s family, other weekends – with the mother)
  • regulation of the vacation and the like.

Determining the schedule of communication with the child, the courts also require the presence of the wording: “in the presence of the child’s parent living together” or “without the presence of the child’s living parent”, communication will take place. In this case, the court also takes into account the age of the child, his state of health and personal desire for communication.

For example, the court is unlikely to allow the court to determine the procedure for communication between a father and a two-year-old daughter without the presence of the child’s mother, especially the removal of the child from his usual home for more than a day. It will also be impossible to determine the communication of a 16-year-old teenager with one of the parents, if he is categorically against this.

Useful site materials rozluchennya-onlain.com.ua:

  1. Documents for divorce from children
  2. Divorce and children
  3. How to break up quickly
  4. Divorce during pregnancy
  5. Refusal to divorce
  6. Divorce in Ukraine without a lawyer (on your own)
  7. Divorce in the presence of common minor children
  8. Restoring marriage
  9. Age of marriage in Ukraine
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