Child with a disability: deferment

Women and men who are parents, guardians, custodians, adoptive parents or foster parents of a child with a disability under the age of 18 have the right to apply for a deferment from mobilization under martial law. If you need detailed professional advice from a military lawyer who will analyze the prospects in your case, you have come to the right place, because the team of the law firm "Prikhodko&Partners" specializes, among other things, in military law.

Also, in addition to consulting, we offer other services in the context of deferment from mobilization, which you can read about at the end of this article.

How to confirm the right to a deferment?

To apply for a deferment, you need to contact the CCK and SP and write an application according to the established form addressed to the head of the commission. The application must be accompanied by a previously collected package of documents. Copies must be personally certified by the conscript and contain:

• the inscription “according to the original”;
• the conscript’s last name and initials;
• the date;
• the conscript’s signature.

This can also be a notarial certification of documents. Conscripts are often wary of going to the CCC and the SP on their own, knowing about examples of force mobilization even in cases where a person is entitled to a deferment. If you are also afraid of such risks, you can order a service of legal support for the deferment procedure. This includes physical support to the CCC.

What is the list of documents to confirm the right to a deferment?

In April 2024, Law № 10449 was adopted, which entered into force in May. And later its norms were specified by Government Resolution № 530, which in its Annexes listed the list of documents required to confirm the grounds for deferment from military service during martial law. So, when we talk about deferment for parents who have a child with a disability, in this case the following documents will need to be provided:

• passport of a citizen of Ukraine;
• military registration document;
• medical certificate on the child's disability or individual rehabilitation program issued by a medical advisory commission;
• child's birth certificate, where the conscript is indicated by the father.

If we are talking about a guardian or custodian, then it is necessary to provide a document confirming his authority. This may be a decision of the district state administration, the executive body of the relevant council (village, settlement, district in the city) or a court. As for adoptive parents, they must provide a court decision on adoption and a birth certificate of the child, which indicates the paternity of the conscript.

How are documents reviewed?

Representatives of the CCC and the Joint Commission must review the application and documents within 7 days. In addition, it is worth noting that the commission has the right to send requests to state authorities in order to verify and confirm the person’s right to a deferral.

It is also worth mentioning one fairly common question regarding deferral in the case of a child with a disability. It concerns whether a stepfather who is raising such a child has the right to a deferral. Unfortunately, even in the case when the biological father of the child does not fulfill his duties, the stepfather does not have the right to a deferral. This is the position expressed by the Supreme Court of Ukraine. So, if, for example, the father was deprived of parental rights, the stepfather can take care of adoption - and then this will really be a reason for a deferral from military service.

How can we be useful?

When you contact the specialists of the law firm "Prіkhodko&Partners" for support in such cases, you choose professionals who can provide the following categories of services:

Consultative support. Consulting a specialist gives you the opportunity to get answers to your pressing questions and save a lot of time and effort that you would not have to spend on independent research of the legislation. In addition, there is a lot of information in the media that does not correspond to reality. Therefore, military lawyers in their daily practical activities have to regularly refute myths about the grounds for deferring mobilization.

Therefore, it is worth remembering: when you have reliable and necessary information, it is much easier for you to understand the prospects and make wise decisions regarding your strategy of action.

Legal support. When your interaction with representatives of the CCC and the Joint Venture is accompanied by a professional military lawyer, this becomes a guarantee of preventing negative manifestations of bureaucracy and the human factor in the form of officials exceeding their powers.

Representation in court. If the existence of grounds for postponement is not taken into account, we know how to defend your rights and legitimate interests in court.

To contact a lawyer specializing in military law, fill out the feedback form on our website.