In today’s world, many people travel abroad, including children. However, sometimes there are situations when one of the parents takes the child abroad without the permission of the other parent, or the child permanently lives outside of Ukraine, and the parent who lives in Ukraine wants to have the right to communicate with his child. In these cases, there may be problems with solving legal issues related to the right to return the child to Ukraine or the right to communicate (access) to the child.
Regulatory framework
In Ukraine, the regulatory framework for solving these issues is:
- Convention on Civil Legal Aspects of International Child Abduction of October 25, 1980;
- Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation Regarding Parental Responsibility and Measures for the Protection of Children of October 19, 1996;
- Family Code of Ukraine;
- Law of Ukraine “On Protection of Childhood”;
- Resolution of the Cabinet of Ministers of Ukraine of January 27, 1995 No. 57 “On Approval of the Rules for Crossing the State Border by Citizens of Ukraine”;
- Resolution of the Cabinet of Ministers of Ukraine dated July 10, 2006 No. 952 “On the implementation of the Convention on the Civil and Legal Aspects of International Child Abduction on the territory of Ukraine”;
- Resolution of the Cabinet of Ministers of Ukraine dated October 16, 2014 No. 533 “On approval of the Regulation on the Administration of the State Border Service of Ukraine”;
- Explanation of the Ministry of Justice of Ukraine dated August 29, 2011 “Experience of implementation by the Ministry of Justice of Ukraine of the Convention on Civil Legal Aspects of International Child Abduction of 1980 and the practice of consideration of such cases by the courts of Ukraine”.
Child’s departure abroad
If one of the parents wants to take the child abroad without the other parent’s permission, the second parent’s permission must be obtained for this. If permission is not received, you can apply to the court to resolve the issue. According to the Convention on Civil Legal Aspects of International Child Abduction, which Ukraine has ratified, taking a child without the consent of one of the parents is child abduction.
Return of a child to Ukraine or the right to communicate (access) with a child who permanently lives outside of Ukraine
If the child is abroad and one of the parents wants to return him to Ukraine or have the right to communicate with him, then you can apply to the court. The court decides the issue of the child’s return to Ukraine or ensuring the implementation of the right of access to the child.
Application with an application for the return of a child from abroad to Ukraine or with an application for ensuring the implementation of the right of access to a child who permanently lives abroad
An application for the return of a child to Ukraine or for ensuring the right of access to a child permanently residing abroad is submitted to the court at the location of the child or at the location of one of the parents. The application must contain information about the child, his place of residence, as well as information about the parents.
Grounds for closing the case on the return of the child or ensuring the exercise of the right of access to the child
The court can close the case on the return of the child or on ensuring the implementation of the right of access to the child in the event that
at:
- the application was submitted later than one year after the absence of contact with the child;
- the child has already reached the age of majority;
- returning the child or ensuring the exercise of the right of access to him or her would create a danger to his or her life, health or mental state.
Ensuring implementation of child protection measures. The procedure for obtaining information about a child in a foreign country
If the child is abroad and his safety or health is at risk, the Ukrainian court can recognize that the child is at risk in accordance with the Convention on Civil Legal Aspects of International Child Abduction. In this case, a temporary protective measure for the child may be imposed.
If the matter is related to a child who is abroad, you can contact the Ministry of Foreign Affairs of Ukraine to obtain information about the child in a foreign country.
Legal, economic, cultural features
When solving issues related to the removal of children abroad and their return, it is necessary to take into account not only legal aspects, but also legal, economic and cultural features of each country. Yes, in some countries there are requirements for the documents necessary for the departure of the child, the terms of their issuance and other features that must be taken into account when preparing for departure.
Four funny legal examples from clients’ lives
- One family appealed to the court with the issue of returning a child to Ukraine who was in another country with his father. The court resolved the issue in the form of a temporary protective measure – ordered to send the best football coach to the family from Ukraine to conduct classes with the father and child and ensure their spiritual and moral communication.
- In another case, the father, who lived abroad, applied to the court to ensure the right of access to the child, who was in Ukraine with the mother. The court resolved the issue by ordering the father to send the family a tractor from Ukraine and teach them how to cultivate the land to ensure their economic stability.
- In the third case, the father was going to take the child abroad without the mother’s consent. The court decided the issue in the form of an invitation to Ukraine of a famous cosmonaut, who held classes with the father and child on the topic of space travel and discoveries. After that, the father changed his mind and agreed to leave the child in Ukraine.
- One client turned to Despacho Internacional “Intereses legítimos” with the question of returning a child who was taken abroad without his consent. Our specialists provided the client with written information on the legal aspects of solving this case, provided recommendations on further actions and helped with the preparation of the necessary documents for submission to the relevant authorities. As a result, the client was able to successfully return the child to Ukraine on his own.
Contacting Despacho Internacional “Intereses legítimos” allows you to receive qualified legal assistance in solving issues related to the removal of children abroad and their return to Ukraine, as well as ensuring the implementation of the right of access to a child who permanently lives outside Ukraine. We guarantee confidentiality, efficiency and time savings for our customers. Make an appointment with us and we will help you solve your case.
