The right of parents and the child to communicate freelyThe law of Ukraine provides for equal rights and obligations of parents in relation to their children, regardless of whether they were in a joint marriage earlier, terminated the marriage or are in it now (Family Code of Ukraine).
Subject to the fulfillment of his duties, a parent who lives separately has the right to participate in the upbringing of his child, freely communicate with him, take care of his spiritual and physical development.
Ways to protect the right to communicate with a childIf one of the parents interferes with communication, in order to protect their rights, the legislation of Ukraine provides for several possible ways, of which the following can be distinguished:
- 1 Judicial. Involves filing a Statement of Claim in court;
- 2Negotiated. Conclusion of a notarized agreement on the procedure for the participation of the second parent in the maintenance (alimony) and upbringing of the child;
- 3 Children's Affairs Service. Establishment by the Children's Affairs Service of the method of participation of one of the parents in the upbringing of the child, the place and time of their communication.
You can learn more about ways to protect the right to communicate freely with a child from the article "Determination of ways to participate in upbringing and communication with a child, removing obstacles in communication with a child".
Choosing a way to protect the right to communicate with a childOne of the ways of out-of-court protection of the parent's rights can be an appeal to the Children's Affairs Service of the local executive committee, state administration or local self-government bodies (local village, settlement council, if the executive committee has not been created).
It is worth noting that there is an opinion that in order to more quickly and effectively remove obstacles in communication with a child, it is better to go to court immediately. This is partly correct, but it always depends on your situation.
The judgment will be easier to enforce. After receiving a positive decision from the Children's Affairs Services, you run the risk that this decision will be appealed in court and you will still need to participate in the trial.
However, you should not immediately abandon an additional method of protection if you have the time and resources for this. In addition, you can use the materials obtained during the consideration of your application by the Children's Affairs Services as evidence in a court case, some of which you will definitely need.
How to remove obstacles in communication with the child and establish the procedure for participation in the upbringing of the child and the schedule of visits through the Children's Affairs ServicesLet's consider the order of actions. To begin with, you need to apply to the Children's Affairs Service of your local Executive Committee (district, district in the city, city), state administration, or if the Executive Committee was not created in the village, settlement council.
There will be several statements:
- 1 A statement on the elimination of obstacles in communicating with the child and determining the methods of participation in education, communication with the child;
- 2 Consent to the processing of personal data;
- 3 Application for an act of inspection of living conditions at the address of residence of the parent (you).
Pic. Consent to the processing of personal data:
Pic. Application for an act of inspection of living conditions:
A statement on the elimination of obstacles in communicating with the child and determining ways to participate in education, communication with the child.In the application to the Children's Affairs Service, the circumstances of the case are indicated. All the information necessary to resolve the issue. You can refer to the legislation that guarantees the right to communicate with the child.
Copies of documents are attached to the application:
- ✔ Marriage certificate or court decision on divorce;
- ✔ Child's birth certificate;
- ✔ Contracts between spouses, if any;
- ✔ Evidence of fulfillment of obligations for the material maintenance of the child;
- ✔ Other documents relevant to the case.
At the end of the application are the requirements of the Applicant, which may be included:
- ✔ The requirement to remove obstacles in communication with the child;
- ✔ Set a schedule for visiting and communicating with the child (you can offer your own schedule);
- ✔ Establish a procedure for participation in education;
- ✔ Other Requirements.
The application will be considered by the Commission of the Executive Committee or the village, settlement Council, after a while. The Commission organizes its meetings regularly, usually once every 3 weeks.
You will be informed of the date of the meeting of the Commission and invited to give explanations. Also, the Children's Affairs Services will contact the second parent with whom the child lives; conduct an act of examination of the living conditions in which the child lives; will invite the second parent with whom the child lives to the meeting of the Commission to give explanations.
It is possible to provide explanations in writing in the form of a separate statement.
Parent's living quarters survey report.If you ask the child to communicate with you at home without the presence of the other parent, you will need to prove that there are all the conditions for this. The proof will be the Act of inspection of living conditions at the address of your residence. After submitting an application for a survey of living conditions, the Children's Affairs Service will contact you one of the following days, and its employee will come to you for verification. Based on the results of the check, he will draw up an act, and leave one copy to you.
During the check, attention is paid to the presence of a separate bed for the child, toys, clothes, dishes, baby food, books and other things necessary for the child.
After receiving the certificate of examination of living conditions, it must be submitted to the Children's Affairs Service to join the application.
Pic. Survey act of living conditions:
Conclusion of the service for children on how to participate in the upbringing of a childOn the day of the meeting of the Commission of the Executive Committee, your application, together with the attached materials and evidence, will be considered. If you and the second parent are present, the Commission will ask questions of interest regarding the case to clarify unclear circumstances. After that, the members of the Commission will jointly make a decision on each of your requirements, and will approve their decision in the form of the Conclusion of the Executive Committee, signed by the Head of the Executive Committee.
Pic. Conclusion of the Service for Children on ways to participate in raising a child by one of the parents, place and time of communication:
The opinion of the Commission of the Executive Committee is a very important document that can be used in court. Or, if you initially applied to the Children's Affairs Service, as a basis for the decision of the regional, district in Kiev and Sevastopol state administration, the executive body of the city, district council in the city, on "Participation in the upbringing of a child and the procedure for meeting a child."
For court cases on the elimination of obstacles in communication with a child and determination of ways to participate in the upbringing, communication with a (young) child, participation as a Third Party of the Guardianship and Guardianship Authority and the provision of your Opinion is mandatory.
You can get help in removing obstacles in communication with your child at the Children's Affairs Service 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