Publication date: 24.04.2024
lawyer, 23 years of experience in enforcement.
Enforcing a decision to establish visitation with a child is a rather difficult procedure, since in most cases, the person responsible for such decisions tries in every possible way to avoid its implementation. Thus, until 2018, such decisions were almost never implemented, as there was no procedure for the implementation of the specified category of cases.
On July 3, 2018, the Law of Ukraine "On Amending Certain Legislative Acts of Ukraine on Creating Economic Prerequisites for Strengthening the Protection of the Child's Right to Adequate Support" was adopted, which gave parents who live separately and who are prevented from seeing their child the opportunity to restore justice and protect their rights
The procedure for implementing decisions on establishing a meeting with the child:
The debt collector applies to the relevant department of the state executive service at the child's place of residence with the application and the original of the executive letter. I would like to draw your attention to the fact that private executors are prohibited from executing decisions on establishing visitation with a child. The help of a lawyer in determining the relevant department and drafting the relevant application will be quite relevant and will speed up the opening of executive proceedings, as state executives try in every possible way to avoid the implementation of such categories of decisions as they are quite complex.
With the resolution on the opening of enforcement proceedings and if the decision to establish visitation with the child does not determine the time and (or) place of meeting the debt collector with the child, the state bailiff summons the parties to the enforcement proceedings in order to determine the time and (or) place of such meeting.
In the case of inability to appear at the appointed time, the party to the enforcement proceedings shall notify the state bailiff in writing of this by submitting a statement (petition), in which (in which) it shall indicate the time and (or) place convenient for it to meet the debt collector with the child. To prepare such a statement, it is advisable to use the services of a lawyer, since failure to appear before the state bailiff may serve as a basis for holding the party to enforcement proceedings accountable.
The state executor determines the time and (or) place of meeting the debt collector with the child, taking into account the position of the parties to the enforcement proceedings and the interests of the child, by issuing a resolution on determining the time and (or) place of meeting the debt collector with the child.
If the party to enforcement proceedings did not appear before the state bailiff at the time specified in the summons and did not notify the state bailiff in writing about the time and (or) place convenient for her to meet the debt collector with the child, the state bailiff determines the time and (or) place of such a meeting without taking into account the position of the relevant party to the enforcement proceedings.
When implementing a decision to establish visitation with a child, a decision to remove obstacles to visitation with a child, the state executive, if necessary, involves the guardianship and guardianship authorities.
If there are circumstances that prevent the debt collector from seeing the child, the state bailiff postpones enforcement actions.
The state bailiff verifies the debtor's compliance with the decision to establish visitation with the child at the time and place of the debt collector's visit with the child, determined by the decision or by the state bailiff.
In case of non-compliance by the debtor without good reason with the decision to establish visitation with the child, the state bailiff takes measures to enforce the decision by imposing fines, sending to the pre-trial investigation bodies a notification that the debtor has committed a criminal offense, and also applies for a temporary restriction of the debtor's right to travel abroad of Ukraine to the court, issues a reasoned resolution on establishing a temporary restriction of the debtor's right to drive vehicles and takes other measures provided for by the Law of Ukraine "On Enforcement Proceedings"
With each subsequent failure by the debtor to comply with the specified decision, the state bailiff issues a resolution imposing a fine on the debtor in the amount determined by the Law of Ukraine "On Enforcement Proceedings" (from UAH 1,700)
When the debtor executes the decision, the executor draws up an act signed by the parties to the enforcement proceedings and issues a resolution on the termination of the enforcement proceedings in connection with full and actual execution, and returns the original of the enforcement document to the court that issued the decision.
If after such termination of the enforcement, the debtor prevents the meeting and the enforcement proceedings are subject to resumption. In order to resume executive proceedings, it is necessary to apply to the state executive with a corresponding application. The resolution on the resumption of enforcement proceedings is sent to the parties of the enforcement proceedings and to the court that issued the enforcement document for the return of the enforcement document to the department. After presenting the executive document for execution, the state executor shall again carry out the measures provided for in the Law "On Executive Proceedings". So, as we can see, such implementation is quite difficult, in connection with which a lawyer or a lawyer will provide quite significant assistance.
