Article 141 of the Family Code of Ukraine guaratees equal parental rights and responsibilities in respect of the child.
Whenever the parent who lives with the child obstructs the parent who does not live with the child in his/her communicating with the child and educating the child, the other parent may take a legal action for eliminating such an obstruction.
The court prescribes the ways, in which one of parents should participate in the child’s education (periodical and systematic access, possibility to rest together, child’s coming to the place of residence of the other parent, etc.), the place and the time of their communication, taking into account the age, the state of health of the child, parents’ conduct, as well as other essential circumstances.
In some cases, if the interests of the child are at stake, the court may make access to the child conditional on the presence of another person.
Whenever the person with whom the child lives disregards the court’s decision, the court, upon application of the parent who does not live with the child, may give the child to the latter for them to live together.
The person that avoids following up the judicial decision shall have the duty to repair material and moral damage inflicted in the parent who does not live with the child. (Article 159 of the Family Code of Ukraine).
In case of dispute between the parents with regard to the child custody and visitation the procedure comprises 2 stages.
On the first stage the local Child Custody Department determines the child's place of residence and visitation schedule of parents.
Should the parents do not agree or comply with the established child custody regime and schedule the case is forwarded to consideration by the local court (second stage).
At every stage of the proceedings the parents are entitled to amicable agreement with regard to the child's place of residence, visitation, education, maintenance and other important issues of child's upbringing.
In practice, approximate time for establishing the child custody and visitation schedule by the Child Custody Department is around 2 months while the court proceedings may take up to 4-6 months.
The child custody rules and visitation schedule will depend on the age of the child, gender, citizenship, his/her educational schedule and other important issues.
To apply for child custody and visitation schedule on your behalf we will need the following info and documents:
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