Determination of the child’s residence place

As you could see from our previous publications, the issue of divorce may be solved “peacefully” or “in conflict”. The fact that these issues are closely interrelated, and any divorce always implies determination of the child’s residence.

When determining the child’s residence place parents have equal rights – they have the same guarantees for the upbringing and communication. The place of residence of their son or daughter is determined by agreement of both parents. The opinion of the child in this case is taken into account only since the age of 10. A 14-year-old person is entitled to decide independently with whom he/she wants to live.

Anyway, it is impossible to deal without third party – court, notary or guardianship authority.

Notary. Before or after marriage the couple may conclude a prenuptial agreement (marriage contract), which will provide their mutual rights and obligations, including the provisions of their children’s residence place in case of divorce, and parental role in upbringing and material support. If you don’t want to conclude  the  prenuptial agreement  it is possible to conclude a separate contract that would deal strictly with “separation” of children. Both contracts must be notarized.

Pluses:

          Written fixation of all deals;

          Avoid of taking a matter to court in future.

Minuses:

          notary costs.

Guardianship authority. This body participates in case if during the divorce the issue of children’s residence did not raise. As a rule, the judgement always says, “There is no dispute concerning children between parties”. However, the practice demonstrates that very often the dispute does appear in the nearest future. In this case, it is worth applying to the local guardianship authority. Their commission will hold the hearing and make a decision concerning the best place of residence for a child. The decision has a binding force for both parents.

Pluses:

          free of charge;

          relatively quickly (when making comparison with courts).

Minuses:

          it may be not the end,  as nobody can forbid one of parents to suit.

Court. We have already mentioned a couple cannot avoid court if they have children. There are two ways to solve the issue – a quick and a long.

QUICK WAY: submitting of joint application for divorce by spouses + adding of notarized contract (see above) = the dispute is settled quickly and everyone is satisfied.

LONG WAY: there is a conflict and dispute between parents, joint application is impossible.

In such cases, the guardianship authority is an obligatory participant.

The judgement depends on many factors, both subjective and objective. For example, age and sex of a child, child’s attitude towards parents, financial abilities of mother and father, etc. As a rule, children are 99,9% left with their mother.

Pluses:

          additional guarantee for the parent who wins the case. There is a criminal responsibility for non-enforcement of court judgement.

Minuses:

          time-consuming;

          expensiveness of the procedure.

Our lawyers are always ready to help you with determination of the child’s residence place. Contact us and we will give you exhaustive legal advice.

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Iryna Shumska

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Nataliya Vasylechko

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Irena Naida

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Taras Bachynskyj