The procedure for determining the place of residence of a child in Ukraine

The procedure for determining the place of residence of a child in Ukraine

The regulation of determining the place of residence of a child by one of the parents at the legislative level is determined by Art. 160-163 SK of Ukraine.

So, in accordance with legal norms, before the child reaches the age of ten, his place of residence must be determined by agreement of the parents.

At the legislative level, the following issues are regulated:

  • the extent to which the child takes part in determining his place of residence;
  • disagreements and disputes between parents regarding which of them the child will live with (with mom or dad);
  • legal consequences of illegal behavior of one of the parents in determining the place of residence of young and minor children.

What part does the child take in determining his place of residence?

The age characteristics of children’s participation in determining their place of residence are as follows:

  • until the age of ten – by agreement of the father and mother;
  • from ten to fourteen years of age – by mutual consent of the child, father and mother;
  • after reaching the age of fourteen – at the request of the child, if mom and dad live separately.

Such restrictions on the age of children are due to the fact that, up to a certain age, a child may not perceive the situation quite objectively.

It is believed that upon reaching the age of fourteen, a child can assess various circumstances that affect his place of residence, and also at this age children realize that it will be better for them materially and spiritually.

How is the child’s place of residence determined by agreement?

When registering a divorce or separate residence, parents who have common young children can determine which of them the child will live with.

Depending on whether the child will live with mom or dad, subsequent decisions will be made regarding:

  • determining the degree of participation of mom and dad in the upbringing of the child;
  • payment and calculation of the amount of alimony;
  • the order of communication between the child and the parent with whom he does not live.

The contractual procedure involves an oral agreement between the husband and wife on the account of the place of residence of their child. It is also possible to confirm such an agreement in writing and notarize it.

How is the court procedure for determining the place of residence of a child with a father or mother?

Quite often in legal practice, there are cases in which parents cannot independently determine which of them the child will live with.

In the event of disputes and disagreements, you should contact the court or guardianship authorities to determine which parent the children will live with.

The procedure for determining the place of residence of a child in the judicial authorities involves:

  • preparation of a statement of claim with a request to determine the place of residence of children with their father or mother;
  • preparation of documents required to open a business;
  • submission of documents to the court and the opening of court proceedings.

What circumstances does the court take into account when determining the child’s place of residence?

The judicial authorities take into account the following circumstances when deciding on the determination of the place of residence of children:

  • the sphere of employment and work schedule of the parents;
  • level of earnings of the mother and father of children;
  • the level of health of the parents;
  • fulfillment of parental responsibilities;
  • use of alcohol and drugs by the father and mother;
  • attitude of children towards mother and father;
  • the state of health of children;
  • children’s age.

A situation may arise when the judicial authorities determine that none of the parents can provide normal living conditions and support for the child.

Under such circumstances, at the request of close relatives (grandmothers, grandfathers, aunts, uncles), the child can be placed in foster care.

In the event that a child cannot be brought up to close relatives, the judicial authorities, at the request of the guardianship authorities, can decide on the removal of children from the person with whom they live. In such circumstances, children are transferred to the care of the guardianship authorities.

Services of a lawyer in cases of determining the place of residence of children

A family lawyer will help you:

  • prepare documents for sending an application to the judicial authorities;
  • prepare evidence that you can create an appropriate living environment for the child;
  • will accompany you throughout the entire legal process regarding the determination of the child’s place of residence;
  • will resolve the issues arising in the process of litigation;
  • will achieve the desired result, taking into account your interests.

ANSWERS TO FREQUENTLY ASKED QUESTIONS

  • AT WHAT AGE CAN A CHILD SELF DETERMINE HIS LOCATION?

From the moment they reach the age of fourteen, children can independently choose who they will live with.

  • IF THE PARENTS DO NOT HAVE AN OPPORTUNITY TO PROVIDE THE CHILD WITH THE NECESSARY CONDITIONS WHAT WILL THE COURT MAKE?

The court, at the request of the authorities of the service for children, transfers the child to the care of close relatives, if this is not possible, then the guardianship of the child is taken over by the guardianship authorities.

  • WHAT CIRCUMSTANCES ARE CONSIDERED BY THE COURT IN THE RESOLUTION OF CASES ON THE DETERMINATION OF THE CHILDREN’S LOCATION?

The court takes into account the following circumstances: the health level of the mother, father and child, the sphere of employment and earnings of the parents, their work schedule, the presence of bad habits and the child’s attitude to each parent.

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