Publication date: 10.06.2024
Protection of Children's Rights in Family Disputes: Legal Mechanisms and Practice
Introduction
The protection of children's rights in family disputes is one of the key areas of family law, as children often become the most vulnerable participants in family disputes;
conflicts between parents. In Ukraine, the protection of children's rights is regulated by the Family Code of Ukraine, the Law of Ukraine "On Protection of Childhood" and other legal acts. In this article, we will examine the main legal mechanisms for protecting children's rights in family disputes and analyze the court practice.
Legal mechanisms for the protection of children's rights
Constitutional guarantees
The Constitution of Ukraine guarantees a child's right to life, health care, education, social protection and protection from all forms of violence;
The state undertakes to ensure these rights, regardless of the marital status of the parents.
Family Code of Ukraine
The Family Code of Ukraine defines the basic principles of child protection, including:
- Prioritizing the protection of children's rights and interests.
- The right of the child to proper upbringing and development.
- The right of a child to communicate with both parents.
- Prohibition of all forms of violence and discrimination against children.
Guardianship and trusteeship authorities
Child welfare agencies play an important role in protecting children's rights. Their functions include:
- Control over the conditions of children's upbringing and living.
- Providing recommendations and conclusions on the advisability of establishing guardianship or custody.
- Taking measures to protect children's rights in case of conflicts between parents.
Legal defense
The court is an important tool for protecting children's rights. Court decisions regarding children are made with due regard to their best interests and ensuring their proper upbringing. The main issues considered by the courts are:
- Determining the child's place of residence.
- The procedure for parent-child communication.
- Distribution of parental rights and responsibilities.
Court practice
Determining the child's place of residence
In cases of parental divorce, courts often consider the issue of determining the child's place of residence. The court takes into account the following factors:
- The age of the child.
- The child's health status.
- Living conditions of each parent.
- The child's wishes (if he or she has reached the appropriate age).
Case law shows that courts give preference to the parent who can provide the best conditions for the child's development and upbringing.
The procedure for communicating with a child
The courts also determine the procedure for the child's communication with the parent who does not live with him or her. This may include:
- Schedule of visits.
- Possibility of joint celebrations.
You may also be interested in the following articles:lawyer consultationlawyer consultation analysis of documents legal analysis of the situation written consultation verification of documents by a lawyer lawyers documents legal assistance online lawyer online legal opinion legal opinion of a lawyer lawyer online
- Other forms of communication (phone calls, video communication).
Case law shows that courts strive to ensure that the interests of the child are taken into account as much as possible, including his or her right to communicate with both parents.
Protection from violence
In cases where a child is subjected to violence or abuse, the courts take measures to protect their rights. This may include:
- Deprivation of parental rights.
- Establishment of guardianship or custody.
- Application of interim measures of protection (restrictive orders).
The court practice in such cases is aimed at immediate protection of the child and ensuring his or her safety.
Conclusion.
Protecting children's rights in family disputes is a complex and multifaceted process that requires consideration of many factors and circumstances.
