Determining of a child’s place of residence

There are often cases when it is necessary to engage children’s service bodies or court must determine a child’s place of residence.             

Determining a child’s place of residence through the court

There is a number of factors considered by a court, such as:

  • parents’ bad habits;
  • the financial situation of each parent;
  • the health condition of the children and each parent;
  • how mother and father carry out their parental duties;
  • marital status of each parent (if they have other families);
  • living conditions of each parent, their owned property;
  • another factor that may directly or indirectly influence children’s everyday life and family education. 

Legal peculiarities of the settlement of disputes about children’s place of residence

Although Ukrainian law declares the equality of two parents with respect to their child, Ukrainian courts tended, until recently, to give priority to mothers in such cases. Such a position was based on the provisions of the UN Declaration 1959, according to which, children should not be separated from their mother unless there is an extreme reason.

Thus, fathers had a chance to affirm their rights in court only if it could be established that the mother lives immoral life, has bad habits such as drugs or alcohol abuse, etc.

As of today, courts have changed their attitude considerably. Now, Ukrainian courts should be guided by children’s interests only and the father’s rights must not be discriminated against either. Therefore, it is possible today to have one’s claim for the child’s place of residence satisfied in court if one manages to make one’s stand in court and gather compelling evidence to convince the court that it is the father that the children will be better to live with.