How are issues concerning children resolved in divorce?

Children in divorce are a matter of determining custody, place of residence, participation in upbringing, and payment of alimony. It is important to adhere to the best interests of the child.

Divorce with children is always accompanied by legal subtleties. Parents need to decide: with whom the child will live, how they will communicate with the other parent, who will provide for them financially. To resolve such issues, they often seek help from a family lawyer.

How does the process of judicial consideration of a divorce case take place if the couple has children?

Divorce with minor children in Ukraine is possible exclusively through the court. An agreement can be reached between the parents regarding the child’s place of residence, the procedure for communication and participation in his upbringing. Such an agreement is drawn up by a notary and submitted to the court. In this case, the divorce process is faster. However, if there are disagreements on custody, alimony or other nuances, the court carefully considers the case, taking into account the interests of the children. Then the judicial consideration can be delayed, and sometimes guardianship authorities are involved.

What role does a lawyer play in resolving issues about children in court?

When it comes to divorce, a lawyer helps resolve a dispute about a child. He collects and prepares the necessary documents, defends the client’s interests in court with arguments. A lawyer can also accompany the execution of court decisions, assist in negotiations with the other party, and contact guardianship authorities if necessary. Professional legal support increases the chances of a fair decision that takes into account the interests of both the child and each parent.

What documents are needed to resolve issues regarding children?

It is important to properly prepare documents to resolve all issues related to the child. The accuracy and completeness of the information provided determines how quickly the process will go. This is especially important when resolving issues of custody, alimony, and the child’s place of residence. The package of documents for divorce in the presence of children includes:

• basic documents. Copies of spouses’ passports, marriage certificate, child’s birth certificate;
• documents that play a role in determining the child’s place of residence. These are documents on the availability of housing, characteristics of living conditions (for example, the presence of a separate room), data on the proximity of a school, kindergarten, medical institutions. In some cases, conclusions from a psychologist or guardianship authorities are attached, confirming the emotional attachment of the child;
• documents for assigning alimony payments. These are papers confirming expenses for the child and the financial situation of both parents. Income certificates, employment information, copies of receipts for club fees, treatment, clothing and food. The court may also request additional documents if it is determined that the information provided is insufficient. For example, bank statements, tax information, documents on the availability of real estate. If one of the parents does not provide information voluntarily, the court, at the request of the lawyer, may send official requests to obtain this data.

A lawyer helps to draw up a divorce application if there are children, collect other documents and competently file a lawsuit with the court. If the necessary documents are missing, the lawyer can request them through lawyer requests and initiate examinations as part of the trial.

What does the court take into account when choosing a child’s place of residence after a divorce?

Determining the place of residence of a child during a divorce is one of the most important points. If the parents do not agree with whom the children will live, the court decides. The parent who is not satisfied with the current state of affairs initiates the trial. The court has the right to interview the children to determine the child’s inclination towards the father, towards the mother, or towards living in a specific apartment.

Traditional judicial practice more often leaves children with the mother. But there are already precedents of transferring the child to the father if the latter has more suitable housing and maintenance conditions, or if the mother is unable to provide proper care.

There is also the practice of joint custody, when the child lives alternately with each parent, for example, two weeks with the mother, two with the father. In the legal practice of “DE-JURE” there are cases where a decision on joint custody has been made. Such cases usually last complicated and long (up to a year and a half). Guardianship authorities, witnesses are involved, a psychological examination is ordered to determine the child’s attachment to one of the parents. If both parents are equally reliable, then after a divorce, two young children can live with both their father and mother.

In what cases is the child’s opinion taken into account?

The child’s opinion may be taken into account by the court when considering the issue of his/her residence. This is especially true when considering the possibility of leaving the children with the father in the event of a divorce. If the child is six years old, the judge may ask where he/she feels most comfortable, with whom he/she spends more time, what he/she does with his/her mother or father. The answers help the judge make an objective decision that takes into account the interests of the child.

How is the procedure for communication with the child established for the other parent?

The procedure for communication with the children after a divorce is determined by the parents themselves. But if disagreements arise, this issue is also resolved in court. The parent with whom the child does not live can file an application for the procedure for communication with the child. The court considers the wishes of both parties and makes a decision on specific days and hours of communication. For example, a schedule can be established: every Saturday and Sunday from 7:00 to 19:00, or every Tuesday and Thursday from 16:00 to 20:00, or every other day. The options are different depending on the wishes of the parents themselves, as well as taking into account the interests of the child. It is important that such a court decision is subject to mandatory execution, and in case of violation, the involvement of the enforcement service is possible.

How is the amount of child support determined?

The amount of child support in Ukraine is determined based on the total income of the parents and the real needs of the child. The court takes into account the costs of food, clothing, medical care, education, and leisure. The minimum amount of child support in Ukraine cannot be lower than 50% of the subsistence minimum for one child (1,250 hryvnias). So, in the event of a divorce, child support for two children can start from 2,500 hryvnias. However, this is only a basic amount, and there is no upper limit to the amount of child support.

If it is established that one of the parents has property, a business, or a high income, the court may increase the amount of payments. A lawyer can help to make a detailed calculation of the children’s needs, confirm the income of the other parent, and provide documents confirming the expenses. If unplanned expenses arise, such as expensive treatment, the person with whom the children live can apply to the court for additional compensation for these expenses.

How are child support payments divided after a divorce?

Child support payments after a divorce in Ukraine are regulated by the Family Code, which states that both parents are obliged to support the child equally. Expenses for food, education, treatment and leisure are divided between the parents equally – 50:50. This applies to both regular alimony and unplanned expenses.

How to resolve the issue of education and medical care for a child?

If a child continues his studies after the age of 18, regardless of whether it is paid or not, alimony can be extended until the age of 23. This is due to the fact that the student cannot fully support himself, and his basic needs must be covered.

If it is a question of paid education, then the recipient of alimony can file an application with the court with a request to increase its size. It is important to submit documents confirming the fact of the child’s studies, for example, a contract with a higher education institution for training. The court considers the possibility of both a temporary increase in regular payments and the appointment of a one-time compensation.

A similar procedure applies to medical expenses. For example, if expensive treatment is required, an invoice or calculation of the cost is provided, as well as medical recommendations. On their basis, the court may oblige the other parent to cover part or all of the costs.
Any costs must be justified. For example, the decision to send a child to study at Cambridge cannot be made unilaterally, it is subject to discussion. The court will not increase child support after a divorce if the expenses do not meet the child’s actual needs or are not documented.

What is the procedure for a child to travel abroad after the parents’ divorce?

According to the legislation, for a child to travel with one parent, the permission of the other parent is required for children to travel abroad from Ukraine. However, this rule does not apply during martial law. A child can travel abroad with one parent without the official consent of the other. If a child leaves the country with third parties (grandparents, guardians, etc.), then a notarized consent of both parents is required. At the same time, children aged 16-17 have the right to travel abroad independently.

How to act in case of international disputes about children?

International disputes related to children, including the departure of children abroad in case of divorce, are regulated on the basis of international treaties and conventions ratified by Ukraine. If there is a relevant agreement between Ukraine and another country, it determines under what legislation and in what jurisdiction the dispute will be considered.

However, Ukraine does not have such agreements with all states. In such cases, even with the decision of a Ukrainian court, difficulties arise with its enforcement abroad. Each situation is considered individually, and one cannot do without the help of lawyers.

What to do if one of the parents evades the execution of court decisions?

If after a divorce one of the parents ignores court decisions, various mechanisms of influence are provided. For example, if child support is not paid, the enforcement service operates. It sends writs of execution to the debtor’s workplace, checks the property status, can arrest and seize property and restrict rights.

If it is a question of violating court decisions regarding the determination of the child’s place of residence, the procedure for communicating with him, a different mechanism is used. According to Article 382 of the Criminal Code of Ukraine, malicious evasion of the execution of a court decision is a criminal offense. Therefore, a statement is filed with the police, and criminal proceedings may be opened. If necessary, this process is monitored by lawyers who help initiate the case and accompany it at all stages.

Is it possible to appeal a court decision related to the place of residence of a child after a divorce?

Yes, the procedure for divorce through the court in the presence of children provides for the possibility of appealing a court decision on the place of residence of a child. Such decisions are reviewed within the judicial vertical: first – the district court, then the appellate instance, and if necessary – the cassation court. You can also submit a new application to change the place of residence of a child, but this requires good reasons – for example, a change in living conditions, violation of the child’s rights or deterioration of his or her situation.