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Family law A court decision on independent upbringing and maintenance of a child as a basis for obtaining a deferment

Sulyk Roman

Head of family law practice

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sulyk@prikhodko.com.ua

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An attorney with extensive experience specializing in complex family disputes. As Head of Practice, he combines deep legal expertise with a personalized approach to every client. He ensures strategic protection of family interests and delivers impeccable results in the most challenging cases.

A court decision on independent upbringing and maintenance of a child as a basis for obtaining a deferment

In the edition of the new Law “On Mobilization and Mobilization Training”, Article 23 has undergone certain changes and clarifications, which relate to the granting of deferment to persons due to family circumstances.

If earlier the concept of “independent upbringing of a child (children) under the age of 18” was not clearly established in the law and could be interpreted ambiguously, now we see an exhaustive list of circumstances under which a person is considered a single mother or father.

We will consider the changes related to the registration of the fact of independent upbringing of a child in more detail in this article.

When is a person considered a mother or father – single?

After analyzing the text of the new law, it can be noted that a woman or man will be considered to be raising a child independently if:

Another parent died;
The other parent is deprived of parental rights;
The other parent is recognized as missing or missing;
Another parent was declared dead;
The sentence is served in places of deprivation of liberty;
An entry has been made about the father in the Birth Registration Book by part 1 of the Code of Ukraine;
There is a court decision establishing the fact of independent upbringing and maintenance of the child.

Let’s stop separately and consider the last reason.

A court decision on the independent upbringing and maintenance of a child can be issued in a separate proceeding (establishment of a legal fact) in the case of a divorce of parents or in other situations when it is considered the most expedient for the well-being of the child.

Establishing the legal fact of the child being the sole support of the father (mother) may be necessary for the preparation of documents for receiving social assistance for the child, as well as for other circumstances in which it is necessary to establish this legal fact.

How does the court process take place?

To establish a certain legal fact, it is necessary to apply to the relevant court with a statement drawn up by the norms of the Civil Code of Ukraine and attachments that confirm the circumstances stated in the procedural document.

Such documents in this category of cases can be:

Court decision or divorce certificate;
Court decision on establishing the child’s place of residence;
Notarized agreement of parents on participation in the upbringing and maintenance of the child;
Lease agreement;
Testimony of witnesses;
Other circumstances that confirm that the other parent avoids raising and participating in the child’s life.

For your application not to be left without movement/without consideration or not to be refused the satisfaction of this application, it is necessary to correctly issue all the necessary procedural documents by the current legislation.

In addition, it is necessary to substantiate the stated circumstances and attach the necessary evidence base.

To avoid negative risks, we recommend contacting professional lawyers and lawyers of the Law Company “Prikhodko and Partners”, who will accompany the entire legal process from the very beginning until the moment of receiving a court decision.

I have a court decision on divorce and/or determining the child’s place of residence – am I considered a mother (father) – single?

The court’s decision to establish the fact of independent upbringing and maintenance is a separate court case.

The existence of other court decisions on divorce/payment of alimony/determination of the place of residence of the child may be taken into account by the court in the process of proving the circumstances of the party, but they are not mandatory for the establishment of a legal fact. Each case is individual.

We emphasize that the presence of only the above-mentioned decisions does not prove the fact of the independent upbringing of the child.

Instead of a conclusion

An important aspect of ensuring the well-being of the child and taking into account the interests of the parents. Considering the importance of the parent’s role in the development and upbringing of the child, the court’s decision on independent upbringing and maintenance can be considered as a basis for receiving a postponement of military service from the standpoint of humanitarian values.