Publication date: 23.05.2024
Algorithm of actions for grandparents in case of prohibition to communicate with grandchildren
ТекстIn life, there are various cases in families where children's parents prevent communication with their grandchildren, and it is necessary to contact the guardianship and custody authority.
The Ukrainian Parliament Commissioner for Human Rights explains how grandparents can remove obsta-cles to communication with their grandchildren.
In accordance with the Family Code of Ukraine, which outlines the rules governing family personal non-property and property relations between grandparents, great-grandparents and grandchildren, great-grandchildren and great-grandchildren.
Pursuant to Article 257 of the Family Code of Ukraine, grandparents, great-grandparents have the right to communicate with their grandchildren and great-grandchildren and participate in their upbringing.
Parents or other persons with whom the child lives do not have the right to prevent this.
The first option is to remove obstacles if the children's parents prevent them from communicating with their grandchildren:
Grandparents need to file an application with the guardianship and custody authority to protect the rights and interests of minor or adult disabled grandchildren (Article 258 of the Family Code of Ukraine). The guardianship and custody authorities will determine the ways in which the grandparents can participate in communication with the child and the hours of visitation.
The second option is court proceedings:
If the parents do not comply with the binding decision of the guardianship and custody authorities within 10 days, the grandparents have the right to file a lawsuit with the court.
Pursuant to Article 263 of the Family Code, a dispute between parents and grandparents regarding the upbringing of a child is resolved by a court in accordance with Article 159 of this legislative act.
The court will take into account all the circumstances of the case, the age and health status of the parties and the child, and the child's attitude to the child in order to make a decision in the best interests of the child.
What other rights do grandparents have to raise their grandchildren?
If the parents did not pick up the child from the maternity hospital or other health care facility, the child's grandparents or other relatives have the right to pick up the child with the permission of the guardianship and custody authority.
In the event of deprivation of parental rights, if the child cannot be transferred to the other parent, the grandparents have a preferential right over other persons to transfer the child to them upon their application.
In addition, grandparents have the right to self-defense of their grandchildren. To protect the rights and interests of their minor, underage and adult disabled grandchildren, they may apply to the guardianship and trusteeship authority, a court without special powers, the prosecutor's office, the police, etc.
It is worth noting that the Family Code of Ukraine enshrines the obligation of a person, in this case a child, to take care of his or her grandparents. At the same time, the obligation of grandparents to take care of their grandchildren is not enshrined in law.
Thus, we can see that the amendments adopted not only to the current law are adopted taking into account changes in the requirements of the time and the imposed martial law in Ukraine, but also in relation to business activities in accordance with the fact that a legal analysis of the situation, analysis of documents and verification of documents by a lawyer, as well as a legal opinion and written advice were carried out.
