Publication date: 02.04.2025
Expert in the field of family, civil, labor law, intellectual property law
Client: Father of the missing son in France
Region: France
Goal: Recognition of the person as missing to enable the appointment of survivor’s pension and allow the wife to divorce.
Client's request: The father of a son missing in France contacted attorney Roman Sulik. The client’s son had been working in France since 2022, but after a certain period, he stopped contacting. There was no information about his whereabouts for an extended period.
The family knew that he had been working at a machine factory in France and complained about the irregular working hours and harsh working conditions. Due to constant exposure to chemical vapors and electrical appliances, the relatives suspected that he might have been a victim of an industrial accident, the information about which the management of the factory concealed.
The father and brothers of the missing person were in despair, as all possible search efforts in Ukraine had been in vain, and there was no possibility to carry out the search abroad. The parents, due to poor health, could not engage in the search abroad, and the brothers could not leave due to the state of war. The wife did not wish to participate in the search, as she had long since ceased her marital relationship. As a result, the family decided to recognize him as missing.
Decision: The attorney conducted a detailed analysis of the available documents and gathered the necessary evidence to file a lawsuit in court. The claim was filed to recognize the client’s son as missing, which allowed the relatives to receive a survivor’s pension and provided the wife with the opportunity to divorce.
What evidence was gathered by the attorney:
- Documentary evidence: passports, birth and marriage certificates;
- Testimonies: statements from relatives and witnesses;
- Social media screenshots: absence of activity in the missing person’s social media accounts, search groups on social media;
- Other evidence: results of search efforts within Ukraine.
Challenges of the case:
- Legal complexity: The procedure for recognizing a person as missing is regulated by numerous legal acts that must be strictly followed. Any deviation from the established rules may result in the refusal or delay of the process.
- Individual nature of each case: Each case of recognizing a person as missing is unique and has its own characteristics, making it difficult to apply standard schemes and requiring an individual approach.
- Emotional factor: For the relatives of the missing person, this procedure is emotionally challenging. They often feel powerless, anxious, and uncertain, which complicates decision-making.
Strategy:
The attorney developed an individual strategy considering the specific circumstances of the case. The claim was clearly formulated, with substantiated demands based on the gathered evidence of the prolonged absence of information about the person and facts confirming the disappearance.
Result:
Claim fully satisfied;
Recognized the person as missing;
Granted survivor’s pension.
Cases of recognizing a person as missing are complex and require considerable effort. However, due to the professionalism and individual approach of our attorneys, as well as a well-developed plan, we were able to achieve the desired result and ensure the client’s rights.
