Statement of claim for establishing a visitation schedule with a child

Modern family legislation of Ukraine is based on the fundamental principle - equality of rights and obligations of the mother and father regarding the child.

This principle is directly enshrined in the Family Code of Ukraine and means that neither parent has an advantage solely because of their gender.

It does not matter who - the mother or the father - lives with the child, who initiated the dissolution of the marriage, or with whom the child actually remained after the divorce.

Both parents have an equal right to participate in upbringing, communicate with the child, influence their development, and make important decisions regarding their life.

In addition to national legislation, this principle is confirmed by international acts, particularly the UN Convention on the Rights of the Child.

It guarantees the child the right to maintain regular personal contact with both parents, provided it is not harmful to their interests.

Thus, the right of a father or mother to communicate with a child is not only their personal right but also a component of the child's own right to family ties.

In practice, after the dissolution of marriage or the termination of cohabitation, conflicts often arise between parents regarding the procedure for communication with the child.

If a voluntary agreement cannot be reached, an effective legal tool is to file a statement of claim with the court to establish a visitation schedule.

When court establishment of a schedule is necessary

Not every dispute between parents immediately requires court intervention. The law encourages the parties to a peaceful settlement.

However, there are typical situations where it is difficult to do without a court decision:

1. one of the parents systematically obstructs meetings;
2. there is no written or oral agreement;
3. conflicts between parents negatively affect the child;
4. the visitation schedule constantly changes without agreement;
5. the child is set against the other parent;
6. there is a risk of complete loss of emotional contact.

In such cases, a lawsuit for establishing a clear and mandatory visitation schedule allows for the regulation of legal relations and minimization of further conflicts.

Pre-trial settlement and the role of the guardianship authority

Before going to court, it is advisable to try to resolve the issue peacefully.

Parents can enter into a written agreement defining:

• days and hours of meetings;
• procedure for conducting holidays and vacations;
• possibility of overnight stays;
• conditions for leaving the locality;
• procedure for remote communication.

If an agreement cannot be reached, one can turn to the guardianship and custody authority. It checks the living conditions, talks to the parents and, if necessary, the child, after which it provides a conclusion regarding the appropriate procedure for participation in upbringing.

Such a conclusion is not a final decision, but it is of significant importance to the court.

Legal grounds for filing a lawsuit

The statement of claim for establishing a visitation schedule is based on the following legislative provisions:

1. Equality of rights and obligations of parents.
2. The child's right to communicate with both parents.
3. The obligation of the parent with whom the child lives not to create obstacles.
4. The priority of the child's best interests.

The court does not decide the question of "who is better" as a mother or father. It establishes a balance between the rights of adults and the interests of the child.

If there is no evidence that communication may cause harm, the court usually sets a regular visitation schedule.

Requirements for the statement of claim

The lawsuit is filed with the district court at the respondent's place of residence or, in cases defined by law, at the claimant's place of residence.

The application must specify:

• name of the court;
• details of the parties;
• circumstances of the case;
• evidence of obstruction;
• specific claims.

It is important that the schedule is formulated clearly and specifically.

For example:

• every second and fourth Saturday of the month from 10:00 to 18:00;
• every Wednesday with the possibility of telephone communication from 19:00 to 20:00;
• half of the winter and summer holidays;
• alternate conduct of public holidays;
• the right to annual joint rest lasting up to 14 days.

Clarity of formulations prevents double interpretations and complications during the execution of the decision.

Evidence base in cases of this category

In cases concerning the establishment of a visitation schedule, the court evaluates a wide range of evidence.

This may include:

1. child's birth certificate;
2. decision on the dissolution of marriage;
3. references from the place of work;
4. income certificates;
5. documents confirming proper living conditions;
6. correspondence or messages confirming obstruction;
7. witness testimonies.

In some cases, a psychological examination is appointed to determine the child's emotional state and attachment.

The Principle of the Child's Best Interests

The key guideline for the court is to ensure the stable and harmonious development of the child.

When considering the case, the following are taken into account:

• age;
• health status;
• study schedule;
• psychological comfort;
• social environment;
• stability of living conditions.

The court aims to form a schedule in such a way that the child can maintain a strong connection with both parents without harming their studies and daily life.

Peculiarities of determining the schedule for children of different ages

For preschool children, courts usually establish shorter but more frequent meetings. For schoolchildren, longer visits are possible, including overnight stays and holiday periods.

Teenagers can express their own opinion, which the court takes into account if it is conscious and not formed under pressure.

Execution of the court decision

After the decision enters into legal force, it is mandatory for execution. In case of its disregard, enforcement proceedings are opened.

Fines may be applied to the violator, and in case of systematic violations — more severe measures of influence.

The court decision ensures legal certainty and creates stable rules for both parents.

Thus, a statement of claim for establishing a visitation schedule with a child is an effective way to protect parental rights in case of conflict.

The law guarantees the equality of mother and father regardless of gender, social status, or place of residence. Neither parent has an advantage only because the child lives with them.

Court establishment of a schedule — is not a tool of struggle between adults, but a mechanism for ensuring the stable development of the child.

A competently prepared statement of claim, proper evidence, and orientation towards the child's interests significantly increase the chances of a fair and balanced decision.

In conclusion, the legal system of Ukraine provides sufficient guarantees for each parent to realize their right to upbringing and communication, and for the child to maintain a full connection with both parents, which is the key to their psychological stability and harmonious development.

For professional preparation of the statement of claim and comprehensive protection of your parental rights, contact Law Company "Prikhodko & Partners".