Child support, determination of the child place of residence
Given the changes taking place in the world - the development of the Internet, popularization of tourism, etc., quite often people find their love abroad. Citizens of different countries want to start a family and register a marriage. However, life is unpredictable and sometimes people disagree and it becomes necessary to resolve the issue of child maintenance and determining the child's place of residence.
As a general rule, claims are submitted to the court at the place of residence of the defendant in Ukraine. However, the Сode of civil procedure of Ukraine allows plaintiffs to file a claim for the recovery of alimony in the court at the place of residence of the plaintiff.
According to Clause 4, Part 1, Art. 76 of the Law of Ukraine "On International Private Law" courts can accept and consider any cases with a foreign element, if in the case of payment of alimony or establishment of paternity, the plaintiff has a place of residence in Ukraine.
What legislation will apply?
As for the law that will be applied by the court, according to the norms of Art. 66 of the Law of Ukraine "On International Private Law", the rights and obligations of parents and children are determined by the personal law of the child or the law that is closely related to the relevant relationship and if it is more favorable to the child. By the same Law, it is established that maintenance obligations arising from family relationships, except for the cases provided for in Art. 66 of this Law are regulated by the law of the state in which the person entitled to maintenance has a place of residence.
Therefore, when collecting alimony by the court, the norms of the legislation of Ukraine, as well as the norms of international treaties, will be applied.
What documents must be submitted to the court?
To collect alimony from a foreigner, the following documents must be submitted together with the claim:
- A copy of the applicant's passport and identification code;
- A copy of the child's birth certificate;
- Original certificate of residence;
- Information about the place of registration of the defendant-foreigner abroad.
How is the issue of child residence resolved?
According to Article 160 of the Family Code of Ukraine (hereinafter referred to as the Family Code), the place of residence of a child who has not reached the age of 10 is determined with the consent of the parents. The place of residence of a child who has reached the age of 10 is determined by the joint consent of the parents and the child. If the parents live separately, the place of residence of the child who has reached the age of 14 is determined by her.
If the parents are not going to make a decision about who to live with the child, either parent can go to court to determine the place of residence of the child with him. In such cases, the body of guardianship is necessarily involved as third parties. The body of guardianship will have to submit its opinion on this matter.
When determining the place of residence, the court takes into account a number of factors, including:
- the level of material support of each of the parents;
- the state of health of children and each of the parents;
- fulfillment by mother and father of their parental duties;
- the current marital status of each parent;
- the presence of a father or mother of their own housing and the very level of housing conditions;
- other factors that can both indirectly and directly affect the normal life of children and their upbringing.
If you need legal assistance with issues related to the payment of alimony or determining the place of residence of a child, call the telephone number provided.
