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Publication date: 08.05.2024
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In Ukraine, the determination of the child's place of residence upon divorce is regulated by legislation, in particular the Family Code of Ukraine.
In the event that there is no dispute between the parents regarding the place of residence of the child in the divorce or establishment of paternity, a decision on this can be made by agreement between the parents or by agreement with the guardianship authority.
Parents can usually agree on the child's place of residence out of court, taking into account their own needs and abilities, as well as the interests and needs of the child. If such an agreement is reached, an appropriate document (for example, an agreement on the division of residence time) can be drawn up, which regulates the place of residence of the child.
A lawsuit to determine the child's place of residence typically occurs when parents are unable to reach an agreement regarding where the child will primarily reside after a separation, divorce, or in cases where parentage is being established.
However, if there is no such agreement or the parties cannot reach an agreement, the court decides this issue based on the interests and welfare of the child.
The court takes into account such factors as:
1. The desire and ability of each parent to provide appropriate conditions for the upbringing and development of the child.
2. Emotional connection between father and child.
3. Physical and mental health of each parent and child.
4. The possibility of providing a stable environment for the child.
5. Any special needs or circumstances that may affect the welfare of the child.
The court can appoint one of the parents as a guardian or determine joint custody, as well as establish the division of the child's residence time between the parents. Protection of the interests and well-being of the child in each specific case is crucial.In the case when the court makes a decision to determine the place of residence of the child with the father, this decision can be made in different circumstances and depends on the specific circumstances of the case.
If the court considers that living with the father is in the best interests and well-being of the child, for example, if the father can provide a stable environment for the upbringing and development of the child, has good relations with him and can provide all the necessary conditions for his well-being, then the court can order living with father
However, protection of the child's interests and well-being is always decisive for the court. If either party in the case can prove that living with the father is not the best option for the child, the court can make a different decision, for example, ordering living with the mother or establishing joint custody.
In any case, the court's decision must be justified and take into account all the circumstances of the case in order to protect the interests and well-being of the child.
The guardianship authority, as a rule, plays an important role in determining the child's place of residence, especially in cases where the matter is decided in court. This body usually investigates the living conditions of both parents, the condition of the child, its needs, as well as the relationship between the parents and the child.
Based on the conducted research and information gathering, the guardianship authority can provide its recommendation regarding the child's place of residence. This recommendation can be taken into account by the court when making a decision in the case of determining the place of residence.It is decisive that the decision of the guardianship authority, as well as the decision of the court, should be based on the protection of the interests and well-being of the child. This means that any decision must be reasonable, balanced and take into account all aspects that may affect the well-being and development of the child.
The judicial practice regarding the determining the child's place of residence in the absence of a dispute can vary significantly depending on the legal system, cultural norms, and specific circumstances of each case.
