According to Ukrainian law, the mother and father have equal rights and responsibilities regarding the upbringing of the child, regardless of whether they are married. This is confirmed by Article 141 of the Family Code of Ukraine, which states that the dissolution of the marriage and the parents' separate residence do not affect their responsibilities and rights regarding the child.
Seamless communication between parents and child
According to Article 153 of the Code of Civil Procedure, parents and children have the right to unhindered communication, except in cases where this right is restricted by law. Article 157 stipulates that even if one of the parents lives separately from the child, he is obliged to participate in his upbringing and cannot be deprived of this right, provided that communication does not harm the child's development.
If one parent tries to prevent the other from raising or communicating with the child, he or she can contact the guardianship and trusteeship authorities or the court to resolve this dispute.
How to resolve a dispute through guardianship and trusteeship bodies
If the parents cannot reach an agreement, one of them, who lives separately from the child, may apply to the guardianship and trusteeship authority. To do this, he must submit an application and provide relevant documents, such as a copy of the passport, the child's birth certificate, a marriage certificate or a divorce certificate. After a conversation with the parents and other relatives, the children's service draws up a conclusion, on the basis of which the local administration makes a decision on participation in the upbringing and the procedure for visiting the child.
Appeal to the court in case of obstruction of child upbringing
If one of the parents interferes with the upbringing or communication with the child, the other party may apply to the court. According to Article 159 of the Code of Civil Procedure, the court may remove the interference based on the claim of the father or mother. The court may also temporarily suspend the execution of the decision of the guardianship authority until the dispute is resolved.
How to file a lawsuit
A claim for the settlement of a dispute regarding the upbringing of a child should be filed with the court, indicating all the necessary documents: copies of passports, birth and marriage certificates, a court decision on alimony, as well as the conclusion of the children's services. After filing the claim, it will be considered by the court, which has the right to decide on the participation of one of the parents in the upbringing of the child.
