How can a father of three get a deferral?

Today, in the context of Russian aggression, the issues of mobilization, military service and postponement of military service are of particular relevance to many Ukrainian families. Among the numerous aspects of this topic, the situation of parents with many children raising three or more children attracts special attention.

Legislative changes regarding the postponement of mobilization

In May 2024, important amendments were made to the Law of Ukraine “On Mobilization Training and Mobilization”. According to the updated Article 23:

1. Persons who support three or more children under the age of 18, regardless of gender, have the right to deferment.
2. This right is lost in case of child support arrears of more than three months.

Important! The law does not set requirements for the biological origin of children or legalization of paternity.

Changes in the procedure for obtaining an extension

Prior to the adoption of the Cabinet of Ministers of Ukraine's Resolution № 560, the procedure for obtaining a deferral from mobilization for parents with many children was more flexible. It covered two main categories of people:

• Biological fathers: men who are listed in the birth certificate.
• Actual guardians: men who actually support children, even if they are not their biological fathers.

However, the situation has changed with the adoption of CMU Resolution № 560. This resolution established clearer and stricter rules for obtaining a deferral:

• It defined a specific list of documents that must be submitted to the territorial center for recruitment and social support (TCC and JV).
• The procedure for obtaining a deferral became more regulated and formalized.

What documents do I need to get a deferral for a father of three?

The procedure for obtaining a deferment from mobilization for persons raising three or more children involves submitting a set of documents, the composition of which depends on specific family circumstances.

For families where all children are from one ongoing marriage:

1. Birth certificates of each child (at least three), where the applicant is listed as a parent.
2. A current marriage certificate.

When children are from different marriages or after divorce:

• Birth certificates of all children (at least three), indicating the applicant as the father.
• One of the following title documents:

- a court decision on divorce with the simultaneous determination of the children's stay with the applicant father.

- a decision of the guardianship and custody authorities on determining the place of residence of the children with the applicant father.

- a notarized agreement between the parents on the place of residence of the children and the procedure for participation in their upbringing.

- a court decision establishing the legal fact of child support by the applicant.

• If available, a legally executed agreement on regular alimony payments.

Important! Each document must be properly executed and up-to-date at the time of submission. To obtain a deferral, you must personally apply to the district TCC and JV where the applicant is registered for military service. The application must be submitted in the prescribed form together with the above documents.

The application is processed within 7 days, after which either a certificate of deferral or a reasoned refusal is issued.

What to do if the extension is denied?

If the TCC and JV refuses to grant a deferral from mobilization on the basis of CMU Resolution № 560, the following steps should be taken:

• Submit a written application for a deferment, clearly referring to the relevant provisions of the law.
• In case of repeated refusal, prepare to appeal the decision in court.

Important! The process of appealing a refusal can be complicated and require in-depth legal knowledge.

By contacting Prikhodko & Partners Law Firm, you will receive qualified assistance at all stages of the process. From the correct execution of documents to defending your interests in court.

Involving professional lawyers will greatly simplify the process and increase the chance of obtaining the desired result. Fill out the form on the website and our lawyer will contact you shortly.