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Publication date: 28.05.2024
Judicial custody of a child is a process in which the court decides with which parent the child will live permanently. Such a process can be initiated by one or both parents when there is a dispute regarding the child's place of residence after separation or divorce.
- The main stages of the court process.
1. Filing a lawsuit: One of the parents files a lawsuit in court to determine the child's place of residence. In the statement of claim, it is necessary to specify the reasons why the child should live with him, as well as provide relevant evidence.
2. Preparatory session: The court appoints a preparatory session at which the parties have the opportunity to present their arguments and evidence.
3. Collection of evidence: An important stage is the collection of evidence, which may include the conclusions of guardianship authorities, witness statements, medical certificates, psychological examinations, etc.
4. Trial: At this stage, the court listens to both parties, witnesses, examines the evidence provided. Representatives of guardianship and guardianship authorities may also be invited to give their opinions.
5. Court decision: After a comprehensive study of the case, the court makes a decision guided by the principle of the best interests of the child. The decision can be appealed in the appeal procedure.
The main criteria used by the court when making a decision.
• The child's relationship with each parent: How often the child communicates with each parent, how strong the emotional ties are.
• Living conditions: Financial situation of parents, availability of living conditions, ability to ensure proper standard of living and development of the child.
• Health and development of the child: Psychological state of the child, his wishes (if the child has reached the appropriate age), state of health and opportunities for harmonious development.
• Social conditions: Presence of close relatives, friends, school or preschool institutions at the place of residence.
- Legislative regulation.
1. In Ukraine, the procedure for determining a child's place of residence is regulated by the Family Code of Ukraine (SKU). In particular, Article 161 of the Civil Code stipulates that if parents who live separately cannot agree on the child's place of residence, this dispute will be resolved by a court.
2. It is also important to pay attention to the recommendations of the European Court of Human Rights, which in its decisions has repeatedly emphasized the priority of the best interests of the child when resolving such disputes.
Determination of the child's place of residence - Determining the place of residence of a child judicial practice - The procedure of determining the place of residence of a child in court is a complex and multi-stage process that requires a detailed study of all the circumstances of the case and the provision of relevant evidence. The main criterion when making a decision by the court is the best interests of the child, which includes physical, emotional and social well-being.
To successfully complete this process, it is recommended to contact qualified lawyers who specialize in family law for professional assistance and support in court.
In child custody cases, the court examines a variety of evidence to help determine the child's best interests. Here are the main categories of evidence that are usually examined by a court.
- 1. Documents confirming the child's personal data and condition
• Child's birth certificate: original or notarized copy.
• Medical certificates: documents testifying to the health status of the child, his needs for special care or treatment.
- 2. Documents confirming the parents' participation in the upbringing of the child
• Characteristics from the place of residence: from neighbors, management of the condominium or ZHEK, describing the behavior of the parents and the living conditions of the child.
• Certificates from educational institutions: from schools, kindergartens or clubs attended by the child, describing his behavior, academic performance and parents' participation in the educational process.
• Conclusions of guardianship and guardianship authorities: official documents prepared by social services, containing conclusions about the child's living conditions and the parents' participation in his upbringing.
- 3. Documents confirming material and housing conditions
• Income certificates: documents from the place of work, tax returns or other official documents confirming the financial status of the parents.
• Documents for the right to own or lease housing: sales contracts, leases, extracts from the register of real estate ownership rights.
• Photos of housing conditions: images of the apartment or house where the child lives, confirming compliance with housing conditions.
4. Evidence characterizing the parents' behavior and lifestyle
• Characteristics from the place of work: from the employer, describing professional qualities, job stability and the presence or absence of negative factors (for example, alcoholism, frequent absenteeism).• Testimony of witnesses: testimony of neighbors, teachers, family friends who can provide information about the behavior of the parents and their attitude towards the child.
• Documents on administrative or criminal offenses: if any, certificates from the police or judicial authorities.
5. Psychological and social research
• Psychological conclusions: the results of examinations that provide conclusions about the psychological state of the child and parents, the ability of each parent to provide adequate psychological comfort to the child.
• Social studies: reports by social workers about the child's living conditions, family relationships and other factors.
6. Wishes of the child
• Statements of the child: if the child has reached the appropriate age (usually 10 years or older) and can express his wishes regarding the place of residence. It can be both an oral and a written appeal of the child.
7. Other evidence
• Calculations of child support costs: evidence of real costs of raising and supporting a child.
• Certificates of the child's additional needs: if the child needs special living conditions or care.
Court decision on determining the child's place of residence - When determining the child's place of residence, the court examines a wide range of evidence related to both the material conditions and the psychological state of the child and parents. The main principle here is to ensure the best interests of the child. It is recommended to prepare all necessary documents and evidence in advance, as well as contact a qualified lawyer to effectively represent your position in court.
Provision of a lawsuit in cases of determining the child's place of residence is an important procedural mechanism that allows the court to take temporary measures to protect the rights and interests of the child until the case is finally resolved. These measures may include temporary establishment of the child's place of residence, restriction or temporary prohibition of communication with one of the parents, and other actions aimed at protecting the interests of the child.
- 1. Temporary establishment of the child's place of residence
The court can make a decision on the temporary determination of the place of residence of the child with one of the parents until the final resolution of the dispute.
2. Temporary prohibition of communication with one of the parents
If there is a risk of a negative impact on the child or danger to his health or life, the court can temporarily limit or prohibit the communication of the child with one of the parents.
3. Other measures aimed at protecting the interests of the child
The court may take other measures that it deems necessary to protect the rights and interests of the child (for example, temporarily restricting the child from leaving a certain territory).
In order to justify the need to secure a claim, the plaintiff must provide evidence that indicates:
1. A real threat of violation of the rights and interests of the child.
2. The possibility of difficulties in the execution of the court decision in the future.
3. Presence of circumstances that require immediate court intervention to protect the child.
The decision to determine the place of residence of the child - Provision of a claim in cases on the determination of the child's place of residence is an important tool for protecting the rights and interests of the child until a final decision is made by the court. For the successful application of these measures, it is necessary to carefully prepare the application and provide sufficient evidence justifying the need to take temporary measures. Qualified legal assistance can significantly increase the chances of the application for securing a claim being satisfied.
