Can the father of a child with disabilities be mobilized?

Lawyer practicing military law. Consultations on mobilization, assistance in obtaining a deferment. Specialist in legal support of military personnel on issues of dismissal, compensation payments and transfers to another military unit. Assistance to military personnel in passing the Military Medical Commission, appealing the Military Medical Commission, writing reports and documents of any complexity.

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Can the father of a child with disabilities be mobilized?

Reading time: 3 min.

During active mobilization in Ukraine, it is worth knowing that there is a category of persons who are not subject to mobilization. This category of persons includes parents of children with disabilities.

After all, according to paragraph 5 of part 1 of article 23 of the Law of Ukraine "On Mobilization and Mobilization Training", conscripts are not subject to conscription for military service during mobilization:

  • women and men,
  • guardians,
  • guardians,
  • adoptive parents,
  • parents-caregivers who raise a child with a disability under the age of 18.

According to this norm, a parent who has a child with a disability can apply for a deferment. But the very fact of having a child with a disability will not be able to save from mobilization. Because, deferment gives a legal right to avoid mobilization. Accordingly, on such grounds, the documents that will confirm the postponement should be properly drawn up.

First of all, it is necessary to collect a certain package of documents.

Such documents include:

  • child's birth certificate,
  • a copy of the child's passport (if available),
  • military registration document,
  • disability certificate.

However, some TSCs and joint ventures do not have enough of this package of documents and require an additional marriage certificate and confirmation of the common place of registration of the father and the child. After collecting the above-mentioned documents, you should make an application for deferment from mobilization and submit this application with notarized copies of the documents. After taking such actions, the relevant TSC must grant a reprieve. It should be understood that according to paragraph 5, part 1, article 23 of the Law of Ukraine "On Mobilization and Mobilization Training", only men who have disabled children under 18 years of age to support and raise have the right to deferment.

However, there is another clause of the above-mentioned article, which exempts parents of children with disabilities from mobilization if the children are over 18 years old. This right is provided for in paragraph 7, part 1, article 23 of the Law of Ukraine "On Mobilization and Mobilization Training".

Namely: "women and men who are dependent on an adult child who is a person with a disability of the I or II group". That is, in this case, you can also get a postponement and avoid mobilization. However, in addition to a birth certificate, a marriage certificate, a copy of the child's passport, a disability certificate from the MSEK, and a military registration document, it is necessary to prove the fact that an adult child is being supported. In the future, the procedure for obtaining a postponement is similar to the first option. However, in this case, only the first and second groups of disabilities are suitable for the child of a conscripted man. It should be added that this norm does not specify anything about the biological relationship of the child with the father.

 

Therefore, men who support and raise children with disabilities have the right to receive a deferment and avoid mobilization on legal grounds.

Therefore, in order to correctly collect all the necessary package of documents, submit an application and get a deferment, contact our specialists and they will help solve this issue.

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