How to arrange guardianship of a child during war

After the full-scale invasion of the Russian Federation on February 24, 2022, the situation in Ukraine forever changed the lives of millions of civilians, especially children.

This is explained by the fact that in the conditions of martial law, many children were left without proper care and support, as their parents stood up to defend their own Motherland, died during active hostilities or massive shelling of residential areas of cities.

As a result, this led to the fact that the protection of children's rights in the state became one of the priority tasks for the coming years.

Therefore, in this informative article, we will talk about the peculiarities of the registration of guardianship over a child during the war according to the current Ukrainian legislation.

How to arrange custody of a child?

First of all, it should be noted that guardianship is established over minor children who have not reached the age of 14 and were deprived of parental care because their parents died, or were declared dead or recognized as missing in court.

Importantly! If the child is between the ages of 14 and 18, guardianship is established over him.

Territorial guardianship and custody bodies are the authorized body empowered to make a decision on the establishment of guardianship over a minor child.

In addition, custody of minor children may also be established during the lifetime of their biological parents in the following cases, namely:

• if there is a decision of a judicial authority according to which the child's parents were deprived of parental rights;
• if there is a decision of a judicial authority according to which the child's parents were recognized as incapable or limited in capacity;
• if the child's parents are not engaged in his upbringing and full support;
• if the child's parents have not lived with the child for more than 6 months and have refused to fulfill their parental responsibilities established by the current legislation of Ukraine;
• if the child's parents left for permanent residence in a foreign country;
• if the child's parents were convicted of a serious crime;
• if the child's parents have various types of addictions (alcohol, gambling, drug addiction) and they are registered in the relevant health care institutions.

In order to register custody of a child, you need to go through several stages, namely:

1. Collection and submission of necessary documents. A person who wishes to establish guardianship over a minor child submits a written application and a corresponding package of documents to the territorial body of guardianship and guardianship. These documents usually include:

• a copy of the passport of a citizen of Ukraine or an ID card;
• copy of RNOCPP;
• marriage certificate (if available);
• a document confirming the applicant's income (for example, a certificate of income for the last 6 months);
• certificate of ownership of residential premises;
• a medical opinion confirming the absence of defects in the applicant's health;
• a document on the absence of criminal records.

Consideration of submitted documents and applications takes up to 5 working days.

2. Checking living conditions. After reviewing the submitted documents, the guardianship and guardianship authority checks the applicant's living conditions and draws up a corresponding written report on the examination of his living conditions.
3. Direction of study.The body of guardianship and guardianship issues a referral to a person for training in the implementation of guardianship of a minor child (if the person is a close relative of the child, then he has the right to undergo this training at his own request). If a person nevertheless undergoes the relevant training, then upon its completion, he receives a certificate of its successful completion.
4. Preparation of the conclusion.The body of guardianship and guardianship makes a conclusion on the possibility of establishing guardianship over a minor child. In it, he also substantiates the need to establish guardianship.
5. Registration of guardianship. It is the final stage at which the guardianship authority finally finds out whether there really are legal grounds for establishing guardianship over a minor child, whether this decision will protect his legal interests, and whether the future guardian still wants to issue guardianship. If all these factors are established, then the person issues guardianship over a minor child.

What is the list of rights and responsibilities of a guardian in relation to a minor child?

• Responsibilities regarding the proper upbringing of a minor child and care for his full development (physical, spiritual, mental), obtaining an appropriate level of education;
• The right to independently determine the methods of raising a minor child, with mandatory consideration of his personal opinion and recommendations provided by the territorial body of guardianship and care;
• The right to demand the return of a minor child from any citizen illegally detaining him;
• The right to monetary compensation from the state for the provision of guardian services.

However, the guardian has no right to interfere in any way with the communication of a minor child with his close relatives or parents. The exception is those situations when such communication is contrary to the legitimate interests of the child.

If you want to issue guardianship over a child during the war, then in such circumstances we advise you to contact the Prikhodko and Partners law office.

The company's lawyers will analyze your situation in detail, which has arisen in practice, and provide qualified recommendations for quickly establishing custody of a minor child.

They will also help you collect all the necessary documents and represent your interests at all stages of guardianship registration. To receive a price calculation for the services of a family lawyer, fill out the application form below.