Limiting communication between father and child

Limiting communication between father and child in Ukraine

Both parents have equal rights and responsibilities for the upbringing of their minor children. The termination of a marriage does not affect the ability of the father and mother to fulfill their parenting functions. Former spouses can establish a procedure for communicating with a child in two ways: voluntarily (by concluding an agreement) and compulsorily (through a court).

However, in some cases, it is possible to restrict communication and meetings of minors with a father who lives separately or with other relatives, if contact with them negatively affects the emotional state of the child and / or harms the interests of the child. The Family Code of Ukraine provides for the possibility of limiting parental rights by a court in the interests of the child. Such a measure is taken if leaving with the father could be dangerous for the child.

The Family Code of Ukraine defines restrictions on parental rights for a period of six months, which includes, among other things, the prohibition to meet with a child. If, after this time, the father’s behavior does not change, he may be completely deprived of parental rights. In considering this issue, the court without fail invites the guardianship and guardianship authorities to the meeting.

Establishing the order of communication with the child in Ukraine

After the dissolution of the marriage, the father and mother can independently determine who the children will live with, as well as how often they will see each of the parents. In this case, the agreements are usually set out in writing and provided during the court hearing. The agreement on children, concluded by the ex-husband and wife, avoids the involvement of psychologists, guardianship and guardianship authorities in the meetings. In addition, the parents’ agreements significantly reduce the term for divorce.

If, nevertheless, it was not possible to reach an agreement, then the establishment of the procedure for communication with the child takes place in the court. In this case, by the main hearing, the guardianship and guardianship authorities make an appointment with the minor himself, inspect the parents’ housing. At the court session, social workers present their conclusions about the emotional state of the child, his attachment to his mother, father and other relatives. On the basis of the testimony of the spouses, the documents presented and the thoughts of the minor, the court establishes a mandatory schedule of communication between children and their father, who lives separately.

However, during court hearings, one of the spouses may demand that the other be restricted from communicating with the child. In order for the court to appeal to such a measure, the mother or father must provide serious arguments proving that the meetings and communication of the ex-husband are harmful or dangerous for the minor. The court also has the right, having listened to the opinion of the parents, to establish that the father and the children can only see each other in the presence of the mother.

Is it possible to limit communication between a father and a child after a divorce in Ukraine

If, during the divorce process, the spouses established a procedure for communicating with the child, but over time, one of the former spouses realizes that meetings with the father can have negative consequences for the child, he can apply to the court with a claim to restrict parental rights.

After divorce, the court may recognize the need to restrict the father of a minor in parental rights for several reasons:

• the ex-husband is diagnosed with a mental disorder, therefore, leaving the child alone with him is dangerous to the health of the latter;
• the father leads an immoral lifestyle, was at a meeting with the child in a state of alcoholic or drug intoxication;
• the man repeatedly behaved aggressively, for this reason he can harm children;
• available evidence of crimes and / or family violence against the child.

If the court decides to restrict the father from communicating with the child, he loses the opportunity to see and communicate with the descendants without the presence of the mother.

However, this decision does not cancel the ex-husband’s obligations to pay child support. Minor children do not lose their rights to the property of their parents after a court decision on limiting their father’s parental rights has been made.

If the child is already ten years old, his opinion will also be taken into account by the court and may become decisive in the issue of the parental rights of the father.

How to limit the father in communicating with the child in Ukraine

The issue of limiting parental rights is being considered in court. The initiator can apply with a statement at the place of residence of the respondent or at the place of residence of the child himself.

Together with the claim, the ex-husband is obliged to provide a set of documents to the court, which includes:

1. copy of the passport and ID of the plaintiff and information about the defendant;
2. birth certificate of a child;
3. documents confirming the need to restrict rights (medical certificates, documents from the internal combustion engine, evidence of offenses or the detention of the defendant)
4. testimony of witnesses orally or in writing, other evidence of inappropriate, aggressive or shameful behavior of the father.

The guardianship and guardianship authorities are obligatorily involved in hearings. The decision to restrict parental rights is made only if there are compelling arguments. However, according to the Family Code of Ukraine, a father, even after a court decision, can communicate and see the child with the permission of the guardianship and guardianship authorities, if their meetings do not harm the child.

In addition to questions about the communication of the father with the children, the court, upon the mother’s application, may consider the order of meetings with other relatives (grandmothers, aunts, grandfathers). Sometimes it is communication with them that negatively affects the minor. Since relatives do not have parental rights and responsibilities, the court cannot limit them. But upon presentation of strong evidence, a decision may be made regulating the time, frequency and territory of their meetings with the child. Often in such situations, communication by court order occurs only in the presence of the mother.

Arbitrage practice in Ukraine

Consideration of the issue of limiting communication between the father and the child is always considered by the court, proceeding from the interests of the minor. Judicial practice shows that not all claims of this kind are satisfied. The possibility of a child meeting with parents who live separately depends largely on her age. A mother who believes that communication with a father can harm a young child under the age of three is more likely to achieve a decision to restrict communication.

With greater confidence than the testimony of the ex-wife, the court refers to the testimony of witnesses and the conclusion of the guardianship authorities. It is a conversation with social workers that can confirm that after communication with the father, the child’s emotional state changes. After talking with a psychologist and guardianship officials, the court may propose an alternative solution. For example, to limit the father’s parental rights, but to change the mode of communication with the child, to shorten the time of meetings, to oblige the ex-husband to see the descendants only on the mother’s territory.

Sometimes a minor who has reached adolescence can independently appear in court and refuse to meet with his father, explaining his position. In this case, his opinion will be decisive.

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, communication with a child after a divorce, the wife prohibits seeing the child – what to do?

Statement of claim on restriction of communication with a child in Ukraine

In order for the court to begin considering the case as soon as possible, it is necessary to correctly draw up a statement of claim. It is written in free form, but it must necessarily contain the following sections:

• “Cap” – information located at the top of the sheet. It contains information about the court, the plaintiff, the defendant and third parties issues that may be the guardianship authorities.
• The name of the claim and the legal norm referred to by the plaintiff. Here it is necessary to indicate who is supposed to be limited in parental rights (name of the defendant), as well as in relation to whom (name of the child).
• The main part of the statement. This section is drawn up in any form, but requires a clear and logical presentation. In the main part of the claim, it is necessary to indicate the details of the child, the plaintiff and the reasons why it became necessary to go to court. The circumstances to which the plaintiff refers in this part of the application must be documented.
• Claimant’s claims.

Based on the presented arguments to have a child, he formulates his requirements, for example:

1. limit communication between the child and the father;
2. assign the payment of alimony;
3. change the regime of meetings between children and ex-husband.

• List of documents that are attached. The court has enough photocopies of documents, the originals can be presented by the plaintiff during the hearing.

The application can be submitted directly to the court office or sent by mail. In this case, it is recommended to use registered letters with notification of the delivery of the application.

Restriction of the parental rights of a father in the event of a divorce in Ukraine

Unlike deprivation of parental rights, restrictions are a temporary measure. The period of its validity is established by the court.

If it is recognized that the father must be limited in parental rights, he loses not only the ability to fully communicate with the child, but also to participate in his upbringing. After the court decision is made, the father is not entitled to receive information about his child from educational institutions, medical organizations.

If the ex-wife, during the period of the restriction, wants to take the minor abroad, she does not need the consent of the ex-husband.

The father also loses all rights to benefits, allowances and pensions paid by the state for the child. However, subsequently, the ex-husband can claim alimony from his children, and in the event of their death, he will be the heir of the first stage. The property rights of the father and the child arising on the basis of kinship are not lost in the event of restriction of parental rights.

The standard parental restriction period is six months. After this time, the father can prove that his behavior has changed and no longer poses a danger to the child. In this case, the court will restore the father’s right to raise the child.

Consequences of restriction of parental rights in Ukraine

According to the Family Code of Ukraine, a court decision to restrict the father’s rights to upbringing and communication with a minor has consequences both for the father himself and for the child. The main result for the ex-husband is the impossibility of communicating with the child in a mode that is comfortable for him. At the same time, he is obliged to support his descendants and pay alimony in the prescribed amount.

In turn, the child will not be able to meet with the father on his own. This requires the presence of the mother or guardianship officer. However, he retains all rights to property, use of the dwelling belonging to his father, as well as inheritance.

If the circumstances on which the court made a decision are eliminated, the ex-husband may apply to the court ahead of schedule with a demand to remove the restrictions. To do this, he needs to prove that meetings with the child cannot harm the child. As arguments, the father can provide medical certificates on treatment for diseases, testimonies of witnesses, psychologists’ reports, justifying the court’s verdict, and the like.

Useful site materials rozluchennya-onlain.com.ua:

1. Children’s agreement upon divorce
2. The wife forbids seeing the child – what to do?
3. How to pick up a child from an ex-wife?