Rights and obligations of parents after divorce: how to protect the interests of the child

The mother and father have the same rights and obligations towards the child, regardless of whether they were married or not. Divorce or separation does not cancel parental rights. The child remains a joint child, and upbringing is a joint responsibility. The parent who lives separately has the right to participate in the upbringing and communicate with the child, and the other parent has no right to prevent this unless it harms the child.

The lawyers of the free legal aid system explain how to resolve disputes in child-rearing.

Agreement between parents

Parents can agree to participate in the upbringing of a child. This can be done verbally or by setting out the terms in a written agreement. The agreement must be notarized. The agreement may specify:

● the schedule of communication with the child

● financial obligations

● responsibilities of each parent, etc. In case of non-fulfillment of the agreement, the guilty party shall compensate for material and moral damages.

If no agreement can be reached

A dispute between parents regarding the upbringing or communication with a child may be resolved by:

● by the guardianship and custody authority

● the court.

In each case, the best interests of the child are taken into account.

How the guardianship and custody authority acts

At the request of one of the parents:

● examines the living conditions of both parents

● assesses the attitude towards the child

● takes into account other important circumstances.

Determines the schedule of communication and ways of participation in upbringing for the parent who lives separately. The decision is binding. For evasion, compensation for material and non-pecuniary damage is provided.

When to go to court

If one of the parents prevents communication with the child, in particular, does not comply with the decision of the guardianship authority.

The court may determine:

● the schedule and form of communication with the child

● place and time of meetings

● the possibility of joint recreation, etc.

The court takes into account the child's interests, age and health, attachment to the parents, the parents' attitude to their responsibilities, bad habits, mental state, etc.

In case of evasion of the court decision, it is possible to recover damages or change the child's place of residence.

Where to get legal support

Everyone can get free legal advice from the free legal aid system. Lawyers will advise on the rights and obligations of parents, how to formalize agreements, and what to do if one of the parents fails to fulfill their obligations or interferes with communication with the child.

Certain categories of people are also entitled to free legal aid in applying to the court. These are IDPs, children, people with low incomes (able-bodied persons with an income of up to 6056 UAH/month; pensioners (by age, length of service) - 4722 UAH/month; people with disabilities - if the pension or social assistance is up to 6056 UAH), war veterans (other categories are listed in Article 14 of the Law of Ukraine "On Free Legal Aid"). Lawyers will study your circumstances in detail, draft and file an application with the court, and represent your interests in court, if necessary.

Сергій Лозовський