Determination of the child's place of residence

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Симиренко Ганна

Lawyer

Ukraine / Kyiv

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Publication date: 06.07.2024

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Determination of the child's place of residence

Determining the child's place of residence is a process that establishes which parent the child will live with permanently after a divorce or in other circumstances when the parents do not live together. This question is extremely important, because it depends on how the upbringing and provision of the child will be carried out, as well as his physical and psychological well-being.

Essence and meaning

A child custody agreement is an important legal document that helps settle the relationship between parents after a divorce or separation. This contract allows you to clearly determine with which parent the child will live, to establish the procedure for communication with the other parent, and also to resolve issues related to the child's departure abroad. An important advantage of such a contract is the possibility of avoiding litigation and ensuring stability and predictability in the child's life.

Content of the contract

Personal data of parents and child.The contract must contain detailed information about all participants.

Father's personal data: full name, date of birth, residential address, contact information.

Personal data of the mother: full name, date of birth, residential address, contact information.

Personal data of the child: full name, date of birth, residential address. 

Living conditions of the child with one of the parents

This section of the contract determines with which parent the child will live permanently. Here it is important to note:

1. Place of residence of the child: The address where the child will permanently reside.
2. 
   Living conditions: Description of the living conditions that will be provided to the child (separate room, educational conditions, security, etc.).
3. 
   Responsibilities of the father with whom the child lives: Provision of necessary care, nutrition, education, medical care, etc.
    

The order and frequency of communication with the other parent.

This section determines how and when the other parent will communicate with the child. Here it is indicated:

• Visitation schedule: Days of the week, weekends, holidays, vacations, during which the other parent has the right to visit the child.
• Duration of meetings: Duration of each meeting (hours, days).
• Meeting place: Where the meetings will take place (at home, on neutral territory, in places of rest, etc.).
• Special conditions: Additional conditions, if any, such as the presence of a third person during meetings to ensure security.

The possibility of the child traveling abroad with each parent

This section regulates issues related to temporary departures of the child abroad. It is indicated:

1. The procedure for obtaining a permit: How to obtain the consent of the other parent for the child's departure abroad.
2. 
   Duration of departure: The maximum duration of a child's stay abroad with each parent.
3. 
   Countries to visit: List of countries to be visited.
4. 
   Contact information: Phone numbers, e-mail addresses where you can contact the parent who will be with the child abroad.
5. 
   Financial aspects: Who and how will cover the costs associated with the child's departure abroad.
    

A sample agreement on determining the child's place of residence can be provided by a lawyer or found in specialized legal resources.

Determining the child's place of residence through the court

If there is a dispute between the parents regarding the child's place of residence, the issue is resolved in court. This can happen in the event of a divorce or in other circumstances where the parents cannot come to an agreement.  A statement of claim on the determination of the child's place of residence. In order to appeal to the court, it is necessary to prepare a statement of claim, which should contain:

1. Personal data of the plaintiff (one of the parents).
2. 
   Data of the defendant (other parent).
   Child data.
3. 
   Reasons why the child's place of residence should be determined with the plaintiff.
4. 
   Evidence confirming the possibility of providing the best living conditions for the child.
5. 
   You can also get a sample of a claim for the determination of the child's place of residence from a lawyer or find it in specialized legal resources.

Judicial practice

 Jurisprudence regarding the determination of a child's place of residence is diverse and depends on many factors, including:

1. Living conditions that each parent can offer.
2. 
   Age of the child.
3. 
   The wish of the child himself (if he is old enough to express his opinion).
4. 
   Results of the conclusion of the body of guardianship and care.
   The role of the body of guardianship and care
    

Guardianship authorities play an important role in the process of determining a child's place of residence. They conduct an examination of the living conditions of the parents, communicate with the child and the parents, and provide the court with an opinion that can be of decisive importance for making a decision. 

Conclusion of the body of guardianship and care

The conclusion of the guardianship authority must contain: Assessment of living conditions of each parent.

1. Assessment of the relationship between the child and each parent.
2. 
   Recommendations regarding the expediency of determining the child's place of residence with a specific father.
3. 
   A sample opinion on the determination of the child's place of residence can be found at the relevant guardianship authority or from a lawyer.

A statement of claim on the determination of the child's 

A statement of claim on the determination of the child's place of residence is a legal document submitted to the court by one of the parents in order to resolve the issue of the child's place of permanent residence. It contains the following main elements:

1. Information about the applicant: full name, place of residence, contact details of the applicant (father or mother) who files the claim.
2. 
   Information about the defendant: full name, place of residence, contact details of the other parent or a person who, together with the child, has the right to determine the place of residence.
3. 
   Circumstances of the case: Description of family status and circumstances motivating the filing of a lawsuit to determine the child's place of residence.
4. 
   Requirements: The applicant's requirements regarding the resolution of the case are clearly formulated, in particular regarding the child's place of residence.
5. 
   Evidence: A list of evidence that the applicant intends to present before the case is considered, for example, divorce documents, evidence of ensuring the necessary conditions for living with the child, testimony of persons who can confirm the circumstances of the case.
    

The final part, in which the applicant states his desire to resolve the case in favor of determining the child's place of residence in accordance with the norms established by law.

• The statement of claim must meet the requirements of procedural legislation and be formulated in such a way as to clearly represent the applicant's legal interests before the court.
   
• Determining the child's place of residence for going abroad
   
• The importance of determining the place of residence for going abroad
   
• Determining the child's place of residence is crucial in cases where the child needs to travel abroad.According to the requirements of the law, such a departure requires the consent of both parents or a court decision that determines with which parent the child will live permanently.
   

The role of judicial determination of place of residence

If the child's place of residence has already been determined by a court decision, this decision can serve as the basis for obtaining permission for the child to leave the country. The judicial determination of the place of residence establishes a clear legal framework concerning the rights and obligations of the parents, as well as the conditions for the child's departure abroad. It provides stability and predictability in dealing with issues related to the child, including situations related to international travel.

The procedure for obtaining an exit permit

According to the procedure, parents who have the right to determine the place of residence must submit an application and the necessary documents to the competent authorities that decide on the child's departure abroad. A court decision is the basis for issuing a permit and guarantees compliance with all legal requirements in this area.

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