Head of family law practice
An attorney with extensive experience specializing in complex family disputes. As Head of Practice, he combines deep legal expertise with a personalized approach to every client. He ensures strategic protection of family interests and delivers impeccable results in the most challenging cases.
Case: Obtaining a court decision declaring a person missing
The father of a son who went missing in France contacted the lawyers of the law firm “Prikhodko & Partners” Borysenko Alla and Sulyk Roman.
The client’s son had been working abroad since 2022, but after some time he simply stopped contacting them about him. There was no information about his whereabouts for a long time.
His relatives knew that he worked in France at a machine factory and complained about irregular working hours and difficult working conditions. Due to constant work with chemical fumes and electrical appliances, his relatives assume that there could have been an accident at work, which the management of this enterprise hid.
The parents and brothers of the missing person were in despair, all possible search measures in Ukraine were in vain, and there was no possibility to carry out a search abroad. Due to poor health, the parents could not engage in a search abroad, and the brothers could not leave due to martial law.
The wife did not want to engage in a search, since she had not maintained marital relations with her husband for a long time. The parents and brothers decided to declare him missing.
To ensure the realization of the right of parents to receive a survivor’s pension and the opportunity for the wife to dissolve the marriage.
After a detailed analysis of the available documents and collection of the necessary evidence, writing a statement of claim and full support in the legal proceedings, the lawyer brought the case to a positive court decision.
What evidence was collected by the lawyer in this case:
- Documentary evidence: Passports, birth certificates, marriage.
- Testimony: Testimony of relatives and witnesses.
- Screenshots from social networks: from people search groups on social networks, lack of activity on the missing person’s social networks, and others.
- Other evidence: results of search operations in Ukraine.
Difficulties of the case:
- Legal complexity: This procedure is regulated by numerous regulations that must be strictly followed. Any deviation from the established rules may result in the application being rejected or the process being delayed.
- The individuality of each case: Each missing person case is unique and has its own characteristics. This complicates the application of standard schemes and requires an individual approach to each specific case.
- Emotional factor: For relatives of a missing person, this process is extremely difficult emotionally. They often feel powerless, anxious, and uncertain. This can make decision-making difficult.
Our lawyer has prepared an individual work strategy taking into account the specific circumstances. The statement of claim had a clear formulation of the claims, which were substantiated by the collected evidence of a prolonged absence of information about the person and evidence confirming the fact of disappearance.
Result:
- Fully satisfied claim
- A person was declared missing.
- A survivor’s pension was awarded
Cases of declaring a person missing are complex and require considerable effort, but thanks to professionalism and individual approach of our lawyers to each client, thanks to a properly developed plan and the experience of our lawyers in working with atypical cases, we have achieved desired result.