SECURING A CLAIM IN CIVIL CASES TO PROTECT THE RIGHTS AND INTERESTS OF CHILDREN

Getting a court decision on a case does not always mean protecting and renewing the affected interests. Often, having received a court decision, it cannot be carried out because of the obstacles that the other side puts up. But in order for the court decision to be executed, civil law provides us with opportunities and ways to do this. In particular, due to such procedural rules as securing a claim. Securing a claim means that the court imposes obligations on the defendant, according to which he must refrain from taking actions that further make it impossible to enforce the court decision.

Many believe that securing a claim is an effective tool in property cases. Others are simply not aware of the existence of such opportunities in litigation or do not know how they work in practice. But in fact, in any civil case, you can use the instrument of securing a claim, even for the protection of the rights and interests of children.

Ways to secure a claim in civil cases to protect the rights and interests of children: 

• Obligation of the defendant to refrain from obstructing communication with the child, and any other obstruction.
• The obligation to refrain from spontaneously changing the child's residence or education.
• Compliance with the requirements and instructions of the guardianship and guardianship authorities related to the rights and interests of the child.
• Other ways that may be effective in this category of cases.

That is, when choosing a way to secure a claim, one must proceed from the specific situation and be guided by the interests of the child. After all, each case is individual, and therefore the ways to secure a claim must be individual.

How to do it?

An application for securing a claim must be submitted to the court in which a civil case is being heard or will be heard to protect the rights and interests of the child. The application must comply with the requirements of the Code of Civil Procedure and be submitted before the filing of the statement of claim, simultaneously with the statement of claim or at any stage of the trial.

Contents of the application

In the application for securing the claim, it is necessary to substantiate the reasons for which it is necessary to secure the claim, that is, what rights and interests of the child will be violated. After all, it depends on the correct justification whether such an application will be satisfied.

Cost

A court fee is paid for filing an application for securing a claim. As of 2022, it is UAH 496.2.

It is important that an application for securing a claim be filed correctly and in compliance with all the norms of the Code of Civil Procedure. It is better to submit such an application at the same time as the claim.

If you do not know which way to secure a claim for the protection of the rights and interests of children to choose, use specialists. After all, specialists can not only help you choose the method of securing a claim, but also, if necessary, prepare documents for the court. Filing an application for securing a claim is a guarantee that the court decision can be executed taking into account the rights and interests of children.