According to Ukrainian legislation, a mother and a father have equal rights and responsibilities regarding the upbringing of a child, regardless of whether they are married. This is confirmed by Article 141 of the Family Code of Ukraine, which states that divorce and parents living separately do not affect their duties and rights towards the child.
Unhindered communication between parents and child
According to Article 153 of the Civil Code, parents and children have the right to unhindered communication, except when this right is limited by law. Article 157 specifies 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 of the parents tries to prevent the other from raising or communicating with the child, he can turn to the guardianship and care authorities or to the court to resolve this dispute.
How to resolve a dispute through guardianship authorities
If the parents cannot come to an agreement between themselves, then one of them, who lives separately from the child, can apply to the guardianship authority. To do this, he must submit an application and provide relevant documents, such as a copy of the passport, birth certificates of children, marriage or divorce certificates. After conducting a conversation with parents and other relatives, the children's affairs service draws up a conclusion on the basis of which the local administration makes a decision on participation in upbringing and the order of visits with the child.
Appeal to the court in the event of obstruction of the upbringing of the child
In the event that one of the parents causes obstacles in raising or communicating with the child, the other party can apply to the court. According to Article 159 of the Civil Code, the court can remove obstacles based on the claim of the father or mother. The court can also temporarily suspend the execution of the guardianship body's decision until the dispute is resolved.
How to file a lawsuit
A statement of claim to settle a dispute regarding the upbringing of a child should be submitted to the court, indicating in it all the necessary documents: copies of passports, birth and marriage certificates, court decisions on alimony, as well as the conclusion of the children's affairs service. After submitting the application, it will be considered by the court, which has the right to make a decision on the participation of one of the parents in raising the child.
