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Publication date: 17.01.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
With the birth of a child, it is possible to ascertain the fact of the emergence of parental legal relations, as a set of rights and obligations of a mother and a father in relation to their child.
Along with this, cases of divorce of parents are not rare, which can entail negative consequences for the child itself.
The legislation establishes norms that minimize the negative factors of parental divorce for the child, ensuring the right of one of them who lives separately to participate in raising the child through communication, visits, and obtaining information about the child.
Peculiarities of establishing the order of seeing a child:
- Divorce of parents does not exclude the obligation to raise a child, because according to part 2 of Art. 157 of the Civil Code, even if one of the parents lives separately, he is still obliged to take an active part in upbringing and has the right to communicate with the child.
- If the mother or father with whom the child lives prevents participation in the education of one of them who lives separately, such actions can be considered illegal and appealed in accordance with the procedure established by law.
- It is worth noting that in Art. 155 of the Civil Code contains a fundamental rule that determines that the exercise by parents of the amount of rights that belongs to them, in the first place, should not contradict the interests of the child, and therefore the resolution of disputes between parents regarding the establishment of visitation schedules or other aspects of upbringing should be implemented taking into account the interests of the child .
All issues related to upbringing are decided jointly by the parents - the establishment of the order of visits is not an exception.
- Based on this, parents can independently adjust the schedule according to which visits with the child will be carried out without violating the rights of each of them.
- For a more reliable provision of upbringing, it is recommended to conclude an appropriate contract that will regulate the procedure for the exercise of rights and the fulfillment of duties by the parent who lives separately.
- This contract may include not only the order of visits, but also the scope of the rights and obligations of each parent in relation to the child, the issue of traveling outside of Ukraine, and responsibility in case of violation of its terms. Notarization of the concluded contract is extremely important.
Determining the order of seeing the child by the guardianship authority:
- If the parents could not reach an agreement on establishing a visitation schedule with the child, then there is a possibility of settlement of this dispute by the guardianship authority.
- The application itself consists in submitting the relevant application and all other necessary documents to the authorized body.
- The submission of documents is followed by a study of the attitude of the parents to the child, the attitude of the child to each of them, and many other aspects that will influence the drawing up of the order of participation in upbringing.
- Conversations with parents are also acceptable.
- The decision made as a result of the investigation of the above-mentioned circumstances is binding. If one of the parents evades compliance, administrative liability in the form of a fine is provided for.
Establishing the order of participation in the upbringing of the child by the court:
- If the parents appealed to the body of guardianship and guardianship, the possibility of going to court is not excluded, for example, in the case when the decision of such a body does not satisfy one of them.
- An appeal to the court will also be relevant if there are violations of the procedure established by the decision of the body of guardianship and guardianship.
- Consultation family law lawyers is desirable before going to court. In the lawsuit, it is necessary to briefly describe the circumstances of the case, set out a list of claims and the circumstances that justify them, and indicate the evidence that supports the stated.
- During the consideration of the case, the court will take into account the relationship between the parents and the child, its age, state of health and other factors affecting the establishment of the order of upbringing.
- At the same time, measures can be taken to ensure the proper execution of the court decision. In that case, if the court decision is not voluntarily implemented, it is possible to present an executive document to the relevant service in order to enforce the decision.
Legal assistance in family matters:
The services of a family lawyer may be needed both during the pre-trial settlement of the dispute between the parents, and if there is a need to settle the dispute by going to court.
A family law lawyer will analyze the situation from the point of view of the requirements of the current legislation, collect the necessary evidence, prepare procedural documents and in every possible way help ensure that the final result meets the needs of the parents and does not conflict with the interests of the child.
