SEPARATION OF CHILDREN FROM THE GUARDIAN AND RETURNING THEM TO THE PARENT. JUDICIAL PRACTICE

By a court decision, minor children were taken away from their fathers and mothers without deprivation of their parental rights and transferred to their guardianship authority. The same decision of parents warned about the need to change the attitude to the upbringing of children and further fulfill the responsibilities for the upbringing and maintenance of children under family law. A guardian has been appointed for the children.

 However, the court of cassation transferred the case for a new trial to the court of appeal for a new trial. The Court of Appeal decided to return the children to the father, and the decision of the Supreme Court upheld the decision of the Court of Appeal to return the children to the father.

Position of the court

 The court took into account the father's desire to recover and further raise his young children. In particular, it is taken into account that after the forced removal of children, the father willingly cooperated with social workers, carefully followed their recommendations, put the children in line at the preschool, did general cleaning in the house, fixed bed linen and children's things, laid the floor in the house. constant heat and available food, garbage was removed in the yard, bought a heater and children's sledges. The court noted that the residence of the father with his roommate and her ten-year-old son did not indicate that the family was particularly unfit or unreliable. After the father became aware of the guardianship and residence of the guardian, he tried to return the children, applied to the Guardianship Authority for permission to see the children and to the prosecutor's office, police, district state administration of the Children's Service, as evidenced by the answers. authorities, but the conflict over communication with children has not been resolved. According to the court's position, taking the children away from the guardian and returning them to the father would not be contrary to the interests of the children. And the fact that the father of young children is a person with a group II disability due to a chronic mental illness and will not be able to properly perform their parental responsibilities due to his illness and creates a dangerous situation for children - is not confirmed by evidence.

 The decision to return the children to the father took into account the family law of Ukraine, the UN Convention on the Rights of the Child, the case law of the European Court where it is established that the family is considered a natural environment for child development; Family upbringing is in the best interests of the child, and only when the family is found to be particularly unsuitable or unreliable can the relationship be severed. Divorce of children from their parents against their will is possible only if such divorce is necessary in the interests of the child and this is required by a court decision that has entered into force. In any case, the court must make a decision that would be in the best interests of the minor.

 Therefore, in view of the above, the court concluded that the removal of the children from the guardian and their return to the father would not be contrary to the interests of the children.

 Reference to the Supreme Court ruling: https://reyestr.court.gov.ua/Review/92136978