1.An independent decision by the spouses on this issue, by concluding a civil agreement «maintenance and upbringing of a child» with the certification of this document by a notary;
2. appeal to the guardianship and guardianship authorities;
3.judicial method.
In addition, according to Article 160 of the Family Code of Ukraine, the place of residence of a minor child is determined by agreement of the parents, if the child has not reached the age of 10.
If the child is between 10 and 14 years old, she, together with her parents, participates in the decision regarding her place of residence.
In turn, a child who has turned 14 years old and whose parents live separately, independently decides about his place of residence.
Therefore, if the parents cannot come to an agreement and conclude a civil law transaction, then this dispute will be considered by the guardianship and guardianship authorities, or by the court.
Conclusion of a civil agreement between parents.
Determining the child’s place of residence by concluding an agreement between the parents is the least expensive and fastest way to solve the problem. However, for the implementation of this option, an extremely important condition is required — consent between the parents.
The advantages of this way of solving the problem are conflict-free, efficiency and cost-effectiveness.
Therefore, the parties, there are parents, can decide and consolidate in this agreement any rights and obligations of each of them regarding the maintenance and upbringing of the child, which worries them and are important for the normal development and life of the child. That is, by concluding this agreement, it is possible to fix with whom the child will live, determine the schedule of the child’s meetings with the parent who lives separately, determine the amount of alimony that the parent who lives separately will pay, the planned vacation is compatible, determine the responsibilities of the parents on the joint allocation of funds for the education of the child, to resolve the issue related to the child’s departure abroad with one of the parents, and the like.
Therefore, parents need to get involved with legal assistance, sit down at the negotiating table with each other, determine the range of issues that need legal confirmation, sign an agreement, and above all adhere to its provisions and fulfill their obligations.
Moreover, as noted earlier, this process is economical compared to judicial red tape, since in this case your expenses are limited only to the departure of a lawyer for negotiations and analysis or development of an agreement on the maintenance and upbringing of the child.
If it is impossible to resolve the issue of determining the child’s place of residence by peaceful means, there remains a judicial procedure or the solution of the issue through the guardianship and guardianship authorities.
If the parents of the child live separately, it is necessary to determine with whom the child will live further, because this affects the processes of collecting alimony, setting a schedule for meetings of the other parent with the child, the possibility of traveling with the child abroad for treatment or rest
The procedure for resolving a dispute by the guardianship and guardianship body is specified in paragraph 72 of the Procedure for the implementation by the guardianship and guardianship authorities of activities related to the protection of the rights of the child, approved by the Cabinet of Ministers of Ukraine No. 866 of September 24, 2008, and provides for the submission of a corresponding application to the child affairs service at the place of residence (location) of the child, to which a copy of the passport, a certificate from the place of registration (residence), a copy of the marriage certificate and proof of divorce (if any), a copy of the child’s birth certificate, a certificate from the place of study, parenting, a certificate of payment should be attached alimony (if any).
The judicial protection of the interests of the mother or father begins with writing a statement of claim and its formation with attachments, as well as filing it directly with the court at the place of registration or residence of the other parent.
Thus, you need to write a statement of claim, attach attachments to it, which are or may be evidence of your innocence.
Family legislation determines that when resolving a dispute about the place of residence of a minor child, the attitude of parents to fulfilling their parental responsibilities, the child’s personal attachment to each of them, the child’s age, state of health and other circumstances of significant importance are taken into account.
Therefore, in order to resolve this dispute positively for you, it is necessary to prove the following circumstances in court: a responsible attitude to one’s parental duties (certificates, characteristics, testimony of witnesses, etc.); the state of health of both the parents and the child (medical certificates, doctors’ opinions, test results, medical histories and recommendations of doctors on treatment procedures); financial situation of parents (certificates of income, certificates of support from relatives, etc.); the ability to ensure proper housing conditions (acts of inspection of housing conditions, lease agreements, extracts from the Register of Real Estate); other circumstances (bad habits, work schedules, profession, etc.).
Also, the opinion of the child (who has reached a sufficient age for her expression) is important when deciding the issue of determining her place of residence.
Please be happy for the answer at this category of reference.
Vidpovidach have the right to pay their own pozovnyh vimogs, or to turn with the vigorous vimogs. The submission of an intelligent call to be seen before the court, before which the first positions have been submitted, that before the court, that will mean the recognition of two given positions in one provocation. Fighting before the court because of the instructive means that you will be in the role of Posivach for an instructive pose, and you can also be victorious in the description of recommendations.
Also, in order to protect the healthy way of life, the nutritional education of the child (children), the graphics of the children, viznannya graph of the children, vikonannya the fathers of their own obligations, we are going to turn to the next consultation before consulting. Legally, it is possible to know that some of the court processes were carried out and vividly, especially in the category of court disputes. The lawyer will also help you clearly formulate the status of your interest in the list, correctly prepare the basis and clearly present your interests in court.
I respect you, that in the category of family disputes with the drive of the life of the child for a long time already there is a myth, that the mother of the child is dependent on the mother, and the father may not be able to participate in the life of the child for a long time. For the sake of, for all the myths, and the practice of the ship will remain unimportant, even the father and mother may have absolutely equal rights to live with a child.
