Establishing guardianship over a child through the court

The full-scale invasion of the Russian Federation on the territory of Ukraine, starting on February 24, 2022, became an extremely difficult test for the Ukrainian people.

In this regard, the issue of establishing guardianship over minor children is becoming more and more relevant today, as many of them were deprived of parental care or became orphans.

So, in this article, we will consider what needs to be done to establish custody of a child through the judicial authorities.

 Who establishes guardianship over a child who was deprived of parental care?

First of all, it is worth noting that guardianship can be established both by guardianship and guardianship bodies and by judicial authorities, but this requires the submission of guardianship and guardianship bodies (Part 3 of Article 60 and Part 1 of Article 61 of the CCU).

Guardianship is assigned to minor children (who have not reached the age of 14) and have been deprived of parental care or have become orphans.

The fact of deprivation of parental care will need to be proven in court with relevant evidence in the case.

What is the algorithm of action for establishing custody of a child through the court?

• Appeal to the court.

The applicant submits an application to the general court of the 1st instance at his place of residence or at the place of actual residence of the person who needs to establish guardianship over him.

The judge checks the application for the correctness of the drafting within the framework of the current legislation and establishes possible grounds for opening proceedings on the case.

In addition, the body of guardianship is necessarily involved in the consideration of the case as an interested person, since cases of establishment of guardianship are considered within the framework of a separate proceeding.

• Consideration of the case on the merits.

During the trial, the judge investigates whether the minor has been deprived of parental care because his parents have died or are considered missing, and therefore he needs to establish guardianship over himself.

The judge also checks the guardian’s ability to perform his duties, and his full civil legal capacity examines the characteristics and personal qualities of the person and examines the submission of the guardianship authority, in which it is stated whether a citizen can be the guardian of a minor.

• Decision on the case.

After studying all the case materials, the judge satisfies the applicant’s demands or rejects them. In case of a positive decision in favor of the applicant, the court appoints her as guardian for the minor.

Importantly! If two or more persons apply for guardianship at the same time, preference is given to close relatives of the minor child. At the same time, they do not necessarily have to live together in the same apartment.

If you still have questions about establishing guardianship over a child through the court, contact the Prikhodko and Partners law firm.

Our lawyers will provide you with quality legal advice on all possible issues that will arise in the process of future cooperation, as they have thorough knowledge in the field of family law. So don’t delay and contact us!