If a dispute arises over the issue with which of the parents the child will live, then it can be resolved in court, more details can be found in a separate article on our website "Determining the place of residence of the child".
Rights and guarantees for communication and raising a child in the Legislation of UkraineDespite the fact that the child permanently lives with one of the parents, the second parent does not lose his parental rights and responsibilities, he has the right to take part in the child's life, his upbringing, constant communication with the child. The right to participate in the upbringing of a child and communicate with him in Ukraine is guaranteed by the legislation. Basically, legislative norms protecting the rights of a parent and a child to communication and upbringing are contained in the Family Code of Ukraine and the "Convention on the Rights of the Child" approved by the UN General Assembly in 1989 and ratified by the Verkhovna Rada of Ukraine in 1991, which means that it has the force of law in Ukraine.
Some of the rules that explicitly guarantee the rights of a parent living separately:
- ✔ Family Code of Ukraine Art. 141, 153, 157;
- ✔ "Convention on the Rights of the Child".
As we see in the Legislation, the position is clearly expressed that both parents, regardless of their relationship with each other, cohabitation / separation and marital status, have the right to communicate with the child and participate in the upbringing of the child.
Neither parent has the right to manipulate their position and create obstacles in the child's communication with the other parent.
If, nevertheless, there is such a situation that one of the parents does not provide an opportunity for the second parent to communicate with the child and participate in upbringing, then the second parent can defend his right with the help of the court or the Child Protection Service. Child Protection Service is involved in both options - in court it will be involved as a third party.
Elimination of obstacles in communication with the child through the Child Protection ServiceYou can first contact the Child Protection Service with an application to remove obstacles in communication with the child. The child protection service, after studying the materials, will make its conclusion. In case of a positive conclusion, it will establish a schedule for the visit of the child by the parent (and his relatives, if necessary), who lives separately.
In practice, such a schedule has less force and scope for its implementation than a court decision. However, such a procedure can serve as additional evidence or grounds in court and will slightly simplify the proceedings and shorten the time frame. Therefore, you can contact:
- ✔ Separately, first to the Child Protection Service;
- ✔ Simultaneously to the Child Protection Service and the court;
- ✔ Skip the Child Protection Service and immediately go to court where the Child Protection Service will be involved as a third party.
Removing obstacles in communicating with a child through the CourtIn accordance with article 159 of the CCU, a parent living separately has the right to apply to the court with a claim to eliminate interference with the child.
In order to obtain a court decision on the elimination of obstacles in communication with the child, you need to apply to the court at the place of residence of the defendant with a statement of claim on the elimination of obstacles in communication with the child and determination of methods of participation in education, communication with the child.
It is necessary to prepare a statement of claim, attach the relevant evidence that is available, pay a court fee for a non-property claim, at the moment the fee is 840.80 UAH.
In the statement of claim, you need to offer your own version of the schedule of visits and communication with the child by the second parent (and his relatives, if necessary). For example, every Saturday-Sunday from 10:00 to 20:00, or other days. Also, you need to indicate whether you want to visit the child with or without the presence of the second parent; pick up the child with or without an overnight stay, and so on. You can ask to establish the order of the holidays, seasonal holidays with a child abroad. The procedure for a child's departure abroad is discussed in our article "The departure of a child abroad without the consent of the father or mother".
A decision will be made on all points of the application, taking into account the objections of the defendant, the age of the child and other circumstances. The order of communication with the child will be established by the court, but this does not mean that the court will fully agree with your requirements, but it is possible that the visit schedule will be in a modified form.
After filing a statement of claim with the court, if everything is formalized correctly, a case will be opened and meetings will be scheduled at which the case will be considered and a decision will be made, based on the case materials.
A decision that has entered into legal force is binding. In case of non-compliance with the court decision by the Defendant, you need to contact the Executive Service and it will take over control of the implementation of the decision.
Execution of a court decision and responsibility for refusal to complyIn accordance with the Law of Ukraine "On Enforcement Proceedings", in case of failure to comply with the decision without good reason within the deadline set by the executor, the executor issues a resolution to impose a fine on the debtor - an individual in the amount of 100 non-taxable minimum incomes of citizens (UAH 1,700).
In case of repeated non-execution of the decision by the debtor without good reason, the executor shall impose a double fine on him in the same manner and apply to the preliminary investigation authorities with a report on the commission of a criminal offense. In case of further failure to comply with the decision, criminal liability is provided in the form of a fine and restriction of freedom for up to 3 years.
As you can see, the responsibility is serious enough that it will not allow ignoring the court's decision. And with perseverance, the parent who lives separately will eventually be able to achieve the observance of their rights and the rights of the child.
You can get help in removing obstacles in communicating with your child in court from our lawyers. You can order a full case management or a separate statement of claim through our website - by phone or through the service order form on our website https://www.yurdopomoga.com.ua.
We will be happy to help.
Quick order to eliminate obstacles in communication with the child
Turnkey elimination of obstacles in communication with a child
Statement of claim for the elimination of obstacles in communication with the child