Publication date: 10.06.2024
Legal aspects of determining the child's place of residence in the event of parental divorce
Introduction
Divorce is a complex process that affects not only spouses but also children. One of the most important issues that arises during a divorce is determining the child's place of residence. In Ukraine, this issue is regulated by legislation that protects the rights and interests of the child. In this article, we will consider the legal aspects of determining the child's place of residence in the event of a parental divorce.
Legislative regulation
The main legal acts governing the determination of a child's place of residence in Ukraine include:
Family Code of Ukraine:
- Articles 160-161 regulate the issue of determining the child's place of residence.
- Article 158 establishes the principles of taking into account the interests of the child when resolving disputes between parents.
Civil Procedure Code of Ukraine:
- Defines the procedural aspects of considering cases related to determining the child's place of residence.
The UN Convention on the Rights of the Child:
- Ukraine is a party to this convention, which provides for the protection of children's rights, including the right to preserve family ties.
Principles of determining the child's place of residence
The main principles that are taken into account when determining the child's place of residence include:
The best interests of the child:
- All decisions must be made with the best interests of the child in mind, including his or her physical, psychological and emotional development.
The right of a child to both parents:
- A child has the right to communicate with both parents, regardless of their divorce.
Taking into account the child's opinion:
- The opinion of a child who has reached a sufficient age and level of development should be taken into account when making decisions.
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Procedure for determining the child's place of residence
Voluntary agreement between parents
The best option is a voluntary agreement between the parents regarding the child's place of residence:
Concluding a deal:
- Parents can enter into a written agreement that specifies the child's place of residence, the procedure for meetings with the other parent, etc.
Court approval of the transaction:
- The agreement can be approved by the court, which gives it legal force. This is especially important if the parents are not sure that the other parent will comply with the terms of the agreement.
Court proceedings
If the parents cannot agree on the child's place of residence, the issue is resolved by the court:
Filing a statement of claim:
- One of the parents files a claim with the court to determine the child's place of residence.
Court proceedings:
- The court considers the case in an open court session with the participation of both parents and, if necessary, guardianship and custody authorities.
Consideration of evidence and circumstances of the case:
- The court takes into account all the circumstances of the case, including the living conditions, financial situation of the parents, the child's relationship with each parent, the child's opinion, etc.
Decision-making by the court:
- The court decides to determine the child's place of residence with one of the parents, while establishing the procedure for the child's communication with the other parent.
