After February 24, 2022, martial law was introduced in Ukraine, which forever changed the usual life of Ukrainians. From that day, a general mobilization of citizens was announced to protect their Motherland from the aggressor, the Russian Federation. Today, a full-scale war in Ukraine has been going on for more than two years, which raises the question of the release of some people from military service. In this article, we will consider how, in accordance with the current legislation of Ukraine, to establish the fact of the independent upbringing of the child by the father.
Why is it necessary to establish the fact of raising a child by the father through the court for postponement?
If a man is a single father and raises his own child on his own, he has the right to be exempted from military service in the Armed Forces or to receive a deferment from mobilization during martial law in the country.
This right is enshrined in Art. 26 of the Law of Ukraine "On Mobilization Training and Mobilization".
However, in order to confirm a postponement of conscription or dismissal from the ranks of the Armed Forces, it is not enough to simply submit an application to the TCC and SP or to a higher commander, since in this case it is likely that the requirements set forth in the application will be refused.
Therefore, it is necessary to establish the fact of independent upbringing of the child in a court of law, and only after that apply for a postponement from mobilization or release from service in the ranks of the Armed Forces.
That is, only a court decision provides a legal basis for applying the provisions of Art. 26 of the Law of Ukraine "On Mobilization Training and Mobilization" in practice.
How can the fact of independent upbringing of a child by the father be established in the judicial authorities?
In order to apply to the judicial authorities, it is first necessary to make a legally correct application to establish the fact that the father is raising the child independently.
The application should indicate the final purpose for which this fact needs to be established, for example, to receive social assistance for the child or to resolve the issue of the future residence of the child with the father.
Other documents that confirm the fact that the child is being raised independently by the father should also be attached to the application, in particular:
- The decision of the judicial authorities to dissolve the marriage with the child's mother and establish the actual place of residence of the child.
- An agreement on participation in raising a child, which defines the rights and obligations of each parent (if one was concluded).
- Residential lease agreement or documents confirming ownership of real estate, which confirm the applicant's current place of residence.
- Documents confirming residence together with the applicant and the child of other citizens.
- An act of inspection of the applicant's living conditions, which confirms the appropriate conditions for the child's development and future upbringing.
- Documents confirming the stay of the child's natural mother outside the territory of Ukraine and her inactive participation in the child's upbringing.
The importance of legal support when establishing the fact of independent parenting of a child
Legal assistance in establishing the fact of independent parenting of a child is extremely important for several key reasons. First, it provides legal support and protection of the father's rights in conditions where he raises the child on his own.A lawyer or a lawyer will help to correctly draw up a statement and documents necessary for judicial recognition of this fact, ensuring their compliance with the requirements of the law.
Secondly, legal support allows the most effective representation of the father's interests before the court, which is important in cases of refutation of any appeal attempts or doubts about the fact of independent upbringing. A lawyer helps in documenting all the facts and circumstances that support independent education, which makes the process more convincing in court.
Thirdly, a properly designed legal process for establishing the fact of independent upbringing has legal consequences, such as the possibility of receiving social benefits or assistance, legal protection in situations related to the future upbringing of a child, as well as determining the rights and responsibilities of parents in upbringing .
After February 24, 2022, martial law was introduced in Ukraine, which radically changed the lives of citizens. The announced general mobilization increased the relevance of the issues of exemption from military service. The current legislation of Ukraine gives single parents who are raising children on their own the right to postpone mobilization or release from service in the Armed Forces, but only judicial recognition of this fact provides a legal basis for applying these rights in practice. Legal support in this process plays a key role in ensuring legal certainty, protecting parental rights and obtaining social benefits, contributing to the effective protection of interests before the court and documentation of the circumstances of the child's upbringing. Independent raising of a child and mobilization, independent raising of a child by a father, raising a child in a single-parent family, options for deferment from mobilization, deferment for independent raising of a child, deferment for raising a child.
