Protection of the Child's Interests – The Basis of Legislation
- Guardianship and Custody: How custody over a child is determined.
- Determining the Child’s Place of Residence: Consultations regarding the parents' right to choose the child's place of residence and the rules for changing the child's place of residence, as well as changing it without the consent of the other parent.
- Prohibition/Permission to Leave the Country: Conditions and procedures for obtaining permission to take a child abroad, and what to do if one parent does not grant permission.
- Protection of Child's Rights: Legal assistance in case of violation of the child's rights, including in cases of violence or neglect by one of the parents.
Regulation of family relations should be carried out with consideration of the child's interests. Every step must be aimed at creating stable and safe conditions that will contribute to the child's development and provide a sense of security, despite changes within the family.
The Child’s Right to Contact with non-resident parent: What the Law Guarantees
A child has the right to communicate with both parents, even if they live separately. This is an important principle enshrined in the Law of Ukraine "On the Protection of Childhood," which guarantees that every child has the right to regular contact with their parents and other significant people, regardless of family circumstances.
How is this right implemented?
- Participation in Upbringing and Communication with the Child: Non-resident parents from the child must participate in their upbringing and have the right to communicate with them if it does not harm the child's development. The court may limit these contacts, but only in cases where they could harm the child.
- Contacts with Relatives: In addition to the parents, the child’s relatives also have the right to maintain contact with the child and receive information about them, as long as it aligns with the child's interests. This right extends to all close family members, including grandparents and other relatives.
- The Child’s Rights When Parents Live in Different Countries: The child has the right to regular meetings and direct contact with both parents, and each of them must respect this right. After visits, parents are obligated to ensure the child’s return to their primary place of residence, without changing it without valid reasons. This helps maintain stability for the child and avoid stressful situations.
How to Resolve Conflicts Between Parents Regarding Child Upbringing?
- Agreement Between Parents: Non-resident parents can agree on their rights and duties in raising the child and enter into a written agreement certified by a notary.
- Assistance from Guardianship Authorities: If parents find it difficult to reach an agreement, they can seek assistance from guardianship authorities.
- Court Proceedings: If one parent does not comply with agreements or decisions made by guardianship authorities, the other may go to court to protect their rights and the child’s rights.
- Mediation: Parents may seek the assistance of a mediator – a neutral third-party who can help discuss the conflict and find a solution to the situation. Mediation is a quick and less stressful way to resolve disputes, focused on maintaining good relationship.