Publication date: 23.05.2024
lawyer, 23 years of experience in enforcement.
According to the norms of Article 160 of the Family Code of Ukraine (hereinafter - the Family Code of Ukraine), the determination of the place of residence of a child who has not reached the age of 10 is determined by the parents. If the child is between 10 and 14 years old, he, together with his parents, participates in making decisions about his place of residence. In turn, a child who has reached the age of 14 and whose parents live separately, independently makes decisions about his place of residence.
At the same time, according to Article 157 of the Code of Ukraine, it is possible to conclude an agreement on determining the child's place of residence. The subject of this contract is the determination of the place of residence and activities related to upbringing, education, care of the child or a combination of these elements, aimed at ensuring the normal physical, spiritual and moral development of the child. The contract is concluded in writing and is subject to notarization
If the father and mother cannot reach an agreement with whom the child will live, then such disputes are resolved by guardianship and care authorities, or in court.
The list of necessary documents for applying to guardianship authorities:
Pursuant to clause 72 of the Procedure for Proceedings by Guardianship Authorities in Activities Related to the Protection of Children's Rights, approved by Resolution No. 866 of the Cabinet of Ministers of Ukraine dated September 24, 2008, to resolve a dispute between parents regarding the determination of the child's place of residence, one of the parents submits to the children's service at the child's place of residence:
statement;
a copy of the passport;
a certificate from the place of registration (residence);
a copy of the marriage certificate or divorce certificate (if available);
a copy of the child's birth certificate;
a certificate from the place of education and upbringing of the child;
certificate of alimony payment (if available).
Based on the results of the examination of the application, the interested parties receive the opinion of the body of guardianship and care on the determination of the place of residence of the child.
The list of necessary documents for applying to the court:
A statement of claim on the determination of the child's place of residence.
A copy of the applicant's passport.
A copy of the court decision on divorce.
A copy of the child's birth certificate.
Characteristics of the plaintiff's place of work and residence.
Characteristics of the child's place of study
Conclusion of the body of guardianship and care on the expediency of the child living with one of the parents.
Certificate from the place of residence of the plaintiff about the composition of the family.
Certificates of the plaintiff's income.
Medical certificates, doctors' conclusions about the state of health of the plaintiff and the child.
Act of examination of the material and living conditions of the plaintiff's residence.
Documents confirming ownership of housing, cars, etc.
Receipt for the payment of the court fee.
Other documents confirming more favorable circumstances of the child's residence with the plaintiff and unfavorable conditions of residence with the other parent.
In addition, a child between the ages of 10 and 14 has the right to express his own opinion about the attitude towards each of his parents and indicate which of them he wishes to live with. Such an opinion is heard directly in court. From the age of 14, a child can independently choose which parent to live with. And witnesses can confirm a responsible attitude to the fulfillment of parental duties.
The completed package of documents, i.e. the statement of claim with attachments (as well as a copy of the statement of claim with attachments for the defendant in the case and other persons participating in the case) is submitted to the court office. The statement of claim can also be sent by mail - a valuable letter, necessarily with a description of the documents to be sent and a postal message.
Importantly! in disputes between parents about the determination of the child's place of residence, it is necessary to pay attention to the fact that the equality of the rights of the parents in relation to the child is derived from the rights and interests of the child himself for harmonious development and proper upbringing, therefore, first of all, the interests of the child should be determined and taken into account, taking into account the objective circumstances dispute, and only then the rights of parents.
Normative legal acts regulating the determination of the child's place of residence:
UN Convention on the Rights of the Child
Family Code of Ukraine
The Civil Code of Ukraine
Civil Procedure Code of Ukraine
Law of Ukraine "On Protection of Childhood"
Resolution of the Cabinet of Ministers of Ukraine dated September 24, 2008 No. 866 "Issues of activities of guardianship and guardianship bodies related to the protection of children's rights"
Specialists of the Legal Service "Consultant" will help to collect the necessary documents and assist in solving the issue of determining the child's place of residence and will provide professional advice arising in such situations, conclusion of the body of guardianship and care on determining the place of residence of the child, determining the child's place of residence in the absence of a dispute
