Publication date: 08.06.2024
In the conditions of a state of war, the determination of the child's place of residence may be complicated due to security risks and displacement of the population. Below are the main aspects that should be taken into account when determining the child's place of residence in the following conditions:
- 1. Legal bases.
• Determination of the child's residence is regulated by the Family Code of Ukraine and other legal acts. According to these documents, the child's place of residence is determined with the consent of the parents or a court decision.
2. Consideration of the child's safety.
• When determining a child's place of residence during martial law, the child's safety is taken into account first. This includes:
• Existence of threats to life and health in a certain region.
• Ability to provide basic needs of the child (food, medical care, education).
3. Movement and evacuation.
• If necessary, parents can decide to temporarily move the child to a safer region. This can be both internal migration within the country and evacuation abroad.
4. Court decision.
• If the parents cannot agree on the child's place of residence, the issue may be resolved in court. The court will take into account all the circumstances, including the safety situation and the best interests of the child.
5. Social services.
• Guardianship and guardianship bodies also play an important role in determining the child's place of residence. They can give recommendations or even make decisions in cases where parents cannot properly fulfill their responsibilities.
6. Temporary guardianship.
• If the parents cannot ensure the safety of the child due to military actions, the question of temporary guardianship by relatives or other persons located in a safe region may be considered.
7. Support of the state and international organizations.
• The state and international organizations can provide support to families with children during martial law, including assistance in evacuation, housing and basic needs.
Determination of the child's place of residence / which determines the place of residence of the child - Determining a child's place of residence in the absence of a dispute - Determining the place of residence of a child under martial law is a complex issue that requires consideration of many factors to ensure the best interests and safety of the child. It is important to act in accordance with current legislation and with the support of relevant authorities and social services.
In the vast majority of cases, the child's place of residence is determined by the joint consent of the parents. According to Article 160 of the Family Code of Ukraine, the place of residence of a child who has not reached the age of 10 is determined with the consent of the parents, and after reaching the age of 10 — taking into account the opinion of the child.
- The main provisions regarding the determination of the child's place of residence:
1. Joint consent of parents:
• If the parents have reached an agreement on the child's place of residence, this place is determined by their joint decision. It can be any place that ensures the safety and well-being of the child.
2. Taking into account the child's opinion:
• A child who has reached the age of 10 has the right to express his opinion about the place of residence, and this opinion must be taken into account. It is important to ensure that the child can freely express his opinion without pressure from any party.
3. Resolution of disputes in court:
• If the parents cannot agree on the child's place of residence, the issue can be resolved in court. The court takes into account all the circumstances, including the opinion of the child, his relationship with each of the parents, the possibilities of ensuring the safety and development of the child.
• The court can also take into account the presence of other relatives of the child who can provide him with proper care and upbringing in the conditions of martial law.
4. Participation of social services:
• Guardianship and guardianship authorities can participate in solving issues related to determining the child's place of residence, providing their conclusions and recommendations to the court or parents.
5. Temporary place of residence:
• In cases of displacement due to hostilities, the child's place of residence may be temporarily changed to ensure his or her safety. This may include moving to another town or country where the child can live safely.
Conclusion of the body of guardianship and care on determining the place of residence of the child / agreement on determining the place of residence of the child - Determining the child's place of residence during martial law is a complex process that requires consideration of legal norms, security conditions and the best interests of the child. Mutual consent of the parents and consideration of the child's opinion are key aspects in this matter. In case of impossibility of reaching agreement by parents, judicial intervention and recommendations of social services become necessary to make an optimal decision.
In the event of a state of emergency or martial law, determining the child's place of residence may be grounds for crossing the state border of Ukraine. This issue is relevant and important, especially in wartime, when many families are forced to evacuate or seek safe living conditions outside the country.
- Grounds for crossing the state border.
According to Ukrainian legislation, during the introduction of a state of emergency or martial law, there are special provisions regulating the departure of citizens abroad, especially when it comes to children. Here are some key aspects to look out for.
1. Decision on determining the child's place of residence:
• If the court has determined the place of residence of the child with one of the parents, this decision can be used as a basis for crossing the border.
2. Permission of the second parent:
• Under normal conditions, a notarized permission of the second parent is required for a child to travel abroad. However, during a state of emergency or war, simplified procedures may be introduced, in particular in the absence of the other parent or the impossibility of obtaining such permission.
3. Decisions of guardianship and guardianship bodies:
• In some cases, guardianship authorities may issue a permit for a child to travel abroad if it is necessary for his or her safety.
4. Evacuation measures:
• In case of evacuation, the state authorities can decide on the departure of children accompanied by authorized persons or volunteers. This is especially relevant for orphans or children deprived of parental care.
Practical recommendations.
1. Keep the documents:
• Prepare all necessary documents in advance, including the child's birth certificate, court decision on residence, notary permits (if applicable), passports and other important documents.
2. Contact the guardianship authorities:
• If you have difficulties getting permission from the other parent or otherwise, contact your local guardianship authority for help.
3. Obtaining legal advice:
• Legal advice can be very helpful in understanding your rights and procedures, especially in a state of emergency or martial law.
4. Monitoring changes in legislation:
• Watch for official notices regarding changes in laws and regulations for leaving the country during a state of emergency or war.
Determining the child's place of residence with the father / decision of the guardianship and care authority to determine the child's place of residence - Determining the child's place of residence is an important aspect that may affect the possibility of crossing the state border during a state of emergency or war. Knowledge of legal norms and timely preparation of the necessary documents will help ensure the safety of the child and compliance with the law in such difficult conditions.
