The issue of determining the child’s place of residence after the parents’ divorce during martial law

Abstract

Marriage is a family union of a woman and a man, registered in the state registry of civil status acts. Persons who have reached marriageable age have the right to marry. Marriage is based on the free consent of a woman and a man.
 A marriage is terminated as a result of its dissolution by a joint application of the spouses or one of them. A marriage is terminated as a result of its dissolution by a joint application of the spouses on the basis of a court decision. A marriage is terminated as a result of its dissolution at the request of one of the spouses on the basis of a court decision in accordance with the Family Code of Ukraine.
 A lawsuit for divorce can be filed by one of the spouses.
 A couple with children has the right to file a divorce petition with the court together with a written agreement about which of them the children will live with, what participation in ensuring their living conditions will be taken by the parent who will live separately, as well as about the conditions for his exercise of the right to personal upbringing of children.
 Termination of marital relations is a difficult process, which is greatly complicated if the spouses have joint minor children. The best option is when determining the child’s place of residence after the divorce takes place peacefully. That is, the mother and father agree among themselves who will live with the offspring. At the same time, the other parent takes a direct part in raising and caring for the son or daughter.
 However, more often there are situations when the partners are unable to agree to sign a settlement agreement, according to Art. 160 of the Family Code. The time is coming for the worst option — solving the issue in court.
 With the beginning of the full-scale invasion in Ukraine, the number of family disputes regarding the determination of the child’s place of residence increased significantly.
 The forced migration of the population, which is one of the consequences of the war, and the stress experienced are destroying families. There are situations when parents cannot agree on the child’s place of residence.
 Cases when one parent chooses a child are not unique. In this regard, the Human Rights Commissioner of the Verkhovna Rada of Ukraine calls on parents to act primarily in the interests of children, taking into account the equal rights and responsibilities of the mother and father in relation to the child, and to resolve the issue of the child’s residence in accordance with the norms of current legislation.