The wife forbids seeing the child – what to do?

The wife forbids seeing the child – what to do in Ukraine?

The family legislation of Ukraine provides that the dissolution of a spouse’s marriage does not affect their parental rights and obligations. After the divorce, the mother and father still have to financially provide for the minor child, create conditions for his upbringing and development. Both have the right to see the child, spend time with her and participate in solving issues of her education, treatment, and recreation.

However, after the termination of family relations, there are cases. in which the ex-wife does not allow (does not give), creates obstacles or prohibits the father from communicating with the children without good reason for this. According to the Family Legislation of Ukraine, parents can resolve controversial issues related to communication with a child in two ways:

• conclude an agreement regulating who minors will live with and how the second father will communicate with them,
• go to court (if it was not possible to agree, only the decision of the judge is in force to protect the rights of the father).

In both cases, first of all, the interests of the child must be taken into account. If the minor’s mother prevents him from communicating with his father or other relatives, they have the right to apply to the guardianship and guardianship authorities or the court.

Father’s right to communicate with a child after divorce in Ukraine

After divorce, common children are much more likely to stay with their mother than with their father. Despite this, the ex-husband has the right to see and communicate with the descendants at any time convenient for him and for them. The father can receive information about the minor from medical, educational and social institutions.

To protect the rights of both parents and their common children after a divorce, the former spouses can conclude an agreement, which will indicate all the agreements regarding their common children. This document is certified by a notary and presented at the court session. The following points may be depicted in the agreement:

1. the schedule of communication between the father and the child (you should specify certain days and hours at which the father and the child will spend time together, with whom the minor will spend the holidays)
2. on what territory the meetings will take place (sometimes the ex-wife insists that the young child not visit the husband’s apartment, where his new family lives)
3. the father may be accompanied by his friends or a new wife.

However, by law, the father has the right to see the child in any conditions that are comfortable for both of them. If the ex-wife does not have serious arguments against this, he can take the child for the weekend, communicate with her on his territory and spend several days in a row with the child. Also, the father has the opportunity to travel with his children, without the presence of his ex-wife.

Also useful information on the website “Divorce Online” of the family lawyer Alexei Nikolayevich Scriabin may be for you: how to quickly 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. dividing an apartment in case of a divorce from a child, communication with a child after a divorce, restriction of communication between a father and a child.

Can the ex-wife prohibit seeing the child in Ukraine?

According to the Family Law of Ukraine, none of the parents after divorce has the right to prevent the other from communicating with common children. It is in the child’s best interest to receive attention, see, and be raised by both parents. Therefore, the divorce of spouses raising joint children occurs only in court. At the hearing, the spouses have an agreement on the children. If there is no such agreement, then the child’s place of residence and the procedure for his communication with his parents are determined by the court.

Despite the court decision or agreements reached, after the termination of family relations, the ex-wife often prevents the father from communicating with the children. Legally, the mother does not have the right to do this without good reason.

Circumstances by which a wife may not allow her ex-husband to meet with a child are:

• aggressive behavior of the father, which can cause moral or emotional harm to a minor child;
• father’s addictions (alcoholism, drug addiction, gambling addiction)
• psychological pressure of the father on the minor (confirmed evidence that the father is turning the common child against the mother or her relatives)
• the child’s categorical refusal to communicate and see his father;
• available evidence of a crime or family violence committed by the father against the child.

These cases are necessarily considered during the court session and may serve as an excuse to limit the father’s ability to meet with the children. In other circumstances, the influence and upbringing by both parents is necessary for the child, and the ex-wife cannot interfere with communication with the father.

Where to go if the ex-wife does not allow to see the child in Ukraine

If, after the termination of the marriage relationship, the ex-wife prevents the father from seeing the children, he can protect his interests by contacting the guardianship authorities or the court. To do this, it is necessary to draw up a statement of claim and submit it to the court at the place of residence of the defendant (he will be the ex-wife-mother of the child). This statement is drawn up in any form, but must contain mandatory information:

1. the name of the court to which the plaintiff applies;
2. information about both parties to the dispute;
3. available evidence of the creation of barriers by the mother in communicating with the child (video, correspondence, eyewitnesses, etc.);
4. the requirement to determine the time and place of communication with children, convenient for him and for the parents;
5. set of documents.

According to the Family Code of Ukraine, employees of the guardianship authorities and teachers of the child are involved in the hearings. They not only inspect the homes of the plaintiff and the defendant, but also communicate with the child and witnesses. The conclusion of these persons about the emotional situation, the disposition of children to their parents and living conditions will be taken into account by the court.

Before the court hearing, the father needs to collect evidence that the ex-wife prevents him from communicating with the children. They can be:

• testimony of witnesses;
• correspondence with his wife;
• information provided by the child during a preliminary conversation with a psychologist;
• change of the place of study and residence of the child, about which the mother did not inform the father within the period specified by the Law.

In most cases, the court will side with the plaintiff and set a binding schedule for the child to meet with the father.

Conclusion of an agreement on the procedure for communication with the child in Ukraine

And before the court sessions, and during them, the spouses will be asked to independently resolve the dispute about children and conclude an amicable agreement. It is legally binding. It is possible, but not required, to notarize the agreement. Judicial practice shows that you should contact a notary if the agreement contains agreements regarding alimony obligations.

The document is submitted by the court by the plaintiff and may contain detailed information about the agreement. For example, the agreement can be expanded with clauses on the possibility of joint recreation of each of the parents with the child, exporting it to the border, meeting new men of the parents. You can specify in the agreement the order of communication between the child and other relatives: grandmothers, grandfathers, half-brothers and sisters.

The conclusion of an amicable agreement has undeniable advantages that each party must realize:

1. taking into account the interests of the child (agreements between the parents will allow the child, despite the divorce, to communicate with both the mother and the father, feel less stress)
2. saving time (hearings with the participation of teachers, guardianship and guardianship authorities can take several months, and if an agreement is concluded, a court decision can be made at the first hearing)
3. lack of conflict (a calm discussion of agreements will help parents to overcome resentment and further act together, focusing only on the interests of a minor child).

However, if an amicable agreement is concluded at one of the stages of the proceedings, the parties cannot re-apply to the court on the same issues. The statement of claim, according to the Civil Procedure Code, will be rejected.

Determining the order of meetings with the child in court in Ukraine

If a settlement agreement cannot be reached, the schedule of communication and meetings between the father and the children is determined directly by the judge on the basis of the evidence presented. In this situation, the decision displays the binding order of communication, indicating the days and territory in which the ex-husband can see the children.

Most often, children over the age of three can spend every second weekend of the month with their father and travel with their father once a year. If the child is less than three years old, then the meetings usually take place in the presence of the mother. The older the minor becomes, the longer his meetings with his father can be without the presence of the mother.

After the decision of the court, the spouses are given one month to appeal it. If this has not happened, the established procedure comes into force. If the mother of the child, even after the end of the trial, continues to interfere with meetings with the father, the following measures may be applied to her:

• monitor the guardianship and guardianship authorities according to the schedule and implementation of meetings;
• as a last resort, the child may be transferred to the father’s upbringing, if this does not contradict the interests of the minor.

Useful site materials rozluchennya-onlain.com.ua:

1. Children’s agreement upon divorce
2. Limiting communication between father and child
3. How to pick up a child from an ex-wife?