Publication date: 20.05.2024
Own Right to Family Life: Court Decision and Its Legal Consequences
Court cases involving family relationships always become the subject of close attention, especially when the rights of grandparents to communicate with their granddaughter are at stake. In the light of the new resolution of the joint chamber of the Civil Court of Cassation, the Ukrainian legal system is once again faced with important questions about the interpretation and application of norms on the right to family life.
Ruling of the Cassation Civil Court: Cases on Participation in Raising a Child
In the decision of March 25, 2024 in case No. 742/1716/23, the court determined that the refusal to satisfy the claim of the grandmother and grandfather to remove obstacles in the upbringing of the child does not deprive them of the opportunity to determine the method and procedure of participation in the upbringing of the child through a separate claim . This decision is of great importance for understanding the scope and limits of grandparents' rights in the field of family relations.
In the mentioned case, the plaintiffs - the minor's grandfather and grandmother - appealed to the court with a lawsuit against the former daughter-in-law, demanding to establish a method of participation in upbringing and communication with the granddaughter. Courts of previous instances recognized that there were no obstacles in communication, but determined the ways of grandmother and grandfather to participate in education and communication with the granddaughter. Thus, their claim was partially satisfied.
Consideration of Court Cases in the Sphere of Family Relations
However, in the cassation appeal, the defendant claimed that the courts incorrectly applied the provisions of the law, since there are actually no barriers to communication. Such a decision, in the opinion of the defendant, has no basis for partial satisfaction of the claim.In its conclusion, the combined chamber of the Civil Court of Cassation noted that the refusal to satisfy the claim for the removal of obstacles in raising the child and communicating with it does not deprive the court of the opportunity to determine the manner and procedure of the grandmother and grandfather's participation in raising the child. This is important from the point of view of ensuring the realization of their rights provided for by the current legislation.
In particular, the decision of the Civil Court of Cassation emphasizes the right of the grandmother and grandfather to maintain normal relations with the grandson through contact with him. It defines the scope of their rights and obligations in the context of the realization of the right to family life, which is an important aspect of the harmonious development of family relations.
We emphasize that the decision of the Civil Court of Cassation reflects not only the specific legal position in the relationship between the grandmother and grandfather and the grandson, but also reflects the general principle of protection of family values in the legal system. It demonstrates that in the event of disputes in the family environment, the court must establish such mechanisms that will allow maintaining and protecting ties between family members, in particular between children and their grandparents.
Legal Consequences of the Resolution of March 25, 2024
The resolution of court cases related to family relationships is a task with significant social responsibility, as it directly affects the well-being and development of the child. Therefore, it is important that court decisions are not only legal, but also contribute to the creation of a prosperous and harmonious family environment.In the context of this decision, it is important to determine that the development and application of legislation should take into account the interests of all parties, in particular, support the opportunities of the grandmother and grandfather to communicate and raise the grandchild. This requires law enforcement agencies and the judicial system to make an objective and fair assessment of the situation in order to ensure maximum protection of the rights of all participants in family relations.
Legal Position of the Court on Education and Communication with Grandchildren
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In general, the decision of the Civil Court of Cassation in case No. 742/1716/23 is an important step in ensuring the protection of family values and the rights of children to communicate with their grandparents. It emphasizes the need to take into account the interests of all parties when resolving disputes in the family environment and contributes to the creation of a favorable environment for the healthy development and growth of children.
