The elimination of obstacles in communication with the child by the court

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The elimination of obstacles in communication with the child by the court

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The elimination of obstacles in communication with the child by the court is always a relevant topic during the divorce of the former spouse and arouses considerable interest among the child's parents. Since communication with a child is essentially one of the fundamental components of its development, affecting its emotional, social, and cognitive state.

However, more often than not, the child's biological parents cannot agree among themselves who and how much time will spend with the child, what day is better for work, etc. In such cases, one of the options for solving the situation is to appeal to the judicial authorities.

In this article, we will consider what actions need to be taken to eliminate obstacles in communication with the child through the court.

What does the law say?

It is worth noting that the Family Code of Ukraine clearly states that the father or mother with whom the child lives does not have the right to prevent another father or mother who lives separately from communicating with the child and participating in its upbringing. This is provided that such interaction does not harm the normal development of the child.

Thus, the law is aimed at ensuring equal rights of parents to communicate with the child and at supporting healthy parental care, which contributes to its healthy upbringing and well-being.

What to do when it is not possible to peacefully agree between the spouses about the education and development of the child?

In this case, the legislation of Ukraine provides two options for the development of events:

  1. Contact the body of guardianship and care;
  2. Contact the judicial authorities.

It should be noted that the parent of the ex-spouse who lives separately from the child should apply to the guardianship authority. On the basis of this application, the body examines the conditions in which the child's parents live, what attitude each of them has towards her, whether they work or not, what characteristics the person has at their place of residence, etc.

Taking into account all this information, he determines the real possibilities and ways to establish a clear meeting schedule for the parent of the child who lives separately.

Importantly! Such a decision must be implemented in a mandatory manner.

If such a decision is not fulfilled by one of the child's parents, then in this case the other person has the right to apply to the judicial authorities.

How is a dispute about removing obstacles in communication with a child resolved in court?

In order to prove your legal requirements for visitation with the child, you need to provide the court with appropriate evidence confirming the existence of barriers to communication. They can include:

  • testimony of witnesses (both oral and written explanations);
  • written or electronic correspondence between parents, where such obstacles appear to be intentionally created;
  • appeal to law enforcement agencies;
  • by applying to the body of guardianship and guardianship.

After studying all admissible and proper evidence in the case, the court can determine the following ways of participation in the education of one of the child's parents:

  • Establishing periodic or systematic meetings with the possibility of visiting the place of residence of one of the parents.
  • Providing the opportunity to spend time together on weekends.
  • Permission to visit the place of residence of one of the child's parents unaccompanied by the other parent, with the possibility of an overnight stay.
  • Ensuring communication between the child and parents using the phone or Internet messengers.

This list is provided as an example and is not exhaustive. In practice, courts proceed from the real circumstances of each case.

If you are divorced and cannot see your child due to the creation of obstacles by other members of the former spouse, and you plan to go to court, contact the Prykhodko and Partners law office.

Our team of lawyers will help you solve your problem because we have experience in the field of family law and know how to write a claim to the court in such a way as to win the case. So don't delay and come for a qualified consultation!

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