SETTING A DATE SCHEDULE WITH THE CHILD

The Law of Ukraine "On the Protection of Children" determines that a child living alone or with both parents, or with one of them, has the right to maintain direct contacts and regular relationships. The residence of one of the parents apart from the child is not a reason to prevent such a person from seeing the child. Of course - with the exception of situations where this communication would harm the interests of the child.

What does participation in education mean?

In this context, it is about:

• communicate with the child;
• to see him;
• receive information about the child.

By the way, this applies not only to the father or mother with whom the child does not live, but to other relatives. This aspect is very important, because often in situations where conflicts arise over participation in raising a child, this affects many people at once - grandparents, half-brothers or sisters.

How does the law govern this issue?

A mother or a parent living separately with a child has the right to freely communicate with him in all cases, except for those when the said right is limited by law. And this means that the parent living with the child should not interfere with such communication. This applies even to situations where the child's parents live in different states.

However, the parent who does not live with the child, but uses his legal right to visit him, also has some obligations. Such a person must:

• guarantee that after the visits he will return the child to his permanent place of residence;
• will not allow attempts to unlawfully change the place of residence of the child.

It is these legal norms that prevent the abduction of a child.

Contractual regulation of the situation

People who have a developed legal consciousness and are accustomed to resolving all disputes in a contractual manner can make their lives much easier. Article 157 of the current Family Code of Ukraine provides that the parents of a child living separately may conclude an agreement in which they will regulate the issues of visits with the child and other significant aspects in the performance of their parental duties and the provision of relevant rights. The main requirements of such an agreement are:

• written form;
• notarial certificate.

If you need professional legal assistance in drafting a contract, please contact us. Using the services of a specialist will be much more constructive than using ready-made contract templates that do not involve all the nuances of your particular situation. The more carefully all the clauses of the contract are thought out, the more comfortable it will be for both parties in the future.

Resolution of the issue with the participation of the guardianship and guardianship authority or the court

All of the above makes sense when both parents are set up for a constructive dialogue. However, this is not always the case in real life. Even when one side strives for this, the other can block an adequate solution to the issue. And then you can involve the body of guardianship and guardianship. The task of a professional lawyer is to guide you in preparing all the necessary documents and filing an application with such a body. Its representatives will study all relevant circumstances and make a decision in accordance with the interests of the child.

If you do not agree with such a decision or the other parent prevents you from seeing your child, you should defend your rights in court. And here, professional legal support is especially needed to remove obstacles in communicating with the child.