Participation of guardianship authorities in determining the child’s place of residence

Abstract

The article analyzes the norms of family legislation of Ukraine regarding the determination of the child’s place of residence in case of divorce. The purpose of the research is to study the process of decision-making by guardianship and guardianship bodies, to evaluate the effectiveness of their activities, which will contribute to ensuring the best interests of the child and equal rights of parents. Particular attention is paid to determining the role of guardianship and care authorities in this process. It has been established that their participation is possible in two forms: 1) resolution by the body of guardianship and custody of the dispute on the determination of the child’s place of residence; 2) provision of a written opinion of the body of guardianship and guardianship during the consideration of cases by the court on the determination of the child’s place of It has been proven that the role of guardianship and guardianship authorities in determining the place of residence of a child is significant, as they are involved in the event of a lack of consensus between parents regarding the residence of a minor child. The process of decision-making by guardianship and guardianship bodies is characterized. The main stages in solving the issue of determining the child’s place of residence with the participation of the guardianship and guardianship authorities are highlighted: 1. Appeal to the parents’ guardianship and guardianship authorities. 2. Conducting by guardianship and care authorities a conversation with the parents and drawing up a certificate of examination of the child’s living conditions. 3. Decision-making by guardianship and guardianship bodies is based on the analysis of conditions and consideration of the child’s opinion and is formed in the form of a conclusion. Important evaluation criteria are the parents’ attitude towards the fulfillment of parental duties, the child’s personal attachment to each parent, the child’s health and other circumstances of significant importance. The main principles that guardianship and guardianship authorities should be guided by when determining a child’s place of residence are analyzed, such as ensuring the best interests of the child and equal rights of parents. Special attention is paid to problematic aspects that arise during decision-making by guardianship and guardianship bodies, which include the establishment of the child’s true psycho-emotional state by a psychologist, ensuring the child’s appearance in court or the guardianship body and custody at a permanent pre-war place of residence.