Determination of the child’s place of residence through the court

According to the laws of Ukraine, after a divorce, former spouses are obliged to decide with whom the joint children will live. The child’s place of residence can be determined by mutual consent of the parents or through a court. Not only the address of residence of the offspring depends on the solution of this issue, but also other equally important points: the amount and method of paying alimony, the procedure for communicating with the child, etc.

Определение места жительства ребенка 1Factors affecting the determination of the child’s place of residence

If the parents on their own could not decide who their child will live with and they do not have mutual understanding and agreement in the methods of upbringing, then this dispute is resolved through a judicial procedure. First of all, when considering a case, the court takes into account the interests of the child. His main task is to determine with which of the spouses he will be better.

Art. 161 of the CKU Part 1 states that in order to make a decision on the case on the place of residence of a young child, the court must take into account the following points:

  • The attitude of each of the spouses to their parental responsibilities;
  • The degree of attachment of the baby to one parent or another;
  • The age of the child;
  • The state of health of the child and parents;
  • Other significant factors.

When ascertaining the equality of parents in the ability to provide their child with a decent upbringing and guardianship, the court pays attention to other aspects of the case: the availability of time for each of the spouses to take care of the child, material security, occupation, the presence of relatives who can help in looking after the baby, and etc. But it should be understood that a good financial position is a minor factor and can only indirectly affect the court’s decision.

The court can take into account the child’s opinion on this issue only upon reaching the age of ten. Since, according to the law, only from this moment can he objectively assess his attachment to one of the parents. From the age of fourteen, a teenager can independently decide with whom to live.
Определение места жительства ребенка 2The judges perceived extremely negatively the fact that one of the spouses pays alimony to the other, especially under duress. The claims of such a plaintiff to determine the child’s place of residence at his address are often not satisfied or not accepted at all for consideration.

Drawing up a statement of claim

In order to initiate the consideration of the case on the residence of a minor, it is necessary to correctly draw up a claim to determine the place of residence of the child. It is submitted to the court office in the area where the defendant lives. The claim contains the following information:

  • FULL NAME. the defendant and the plaintiff in the application header;
  • Circumstances of the case;
  • Grounds for changing the place of residence of the child;
  • List of attached documents.

Also attached to the statement of claim:

  • Copy of the application;
  • A copy of the child’s birth certificate;
  • Apartment documents or lease agreement;
  • Copy of the employment contract;
  • Statement of income of the applicant;
  • Characteristics from work;
  • Documents substantiating the claims of the plaintiff.

A weighty argument in favor of the applicant will be the attachment to the case of the results of an independent psychological examination on the child’s attachment to the plaintiff. Also, to take into account oral testimony, you can attach to the application a petition for the involvement of witnesses.

It is worth noting that the overall success of the case depends on the correctness of the preparation of the statement of claim. Only a qualified lawyer with experience in such litigation can competently draw up such a statement. You can order the drafting of a claim to determine the child’s place of residence on our website.