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Elimination of obstacles in communication with the child
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The main out-of-court way of resolving a dispute on the fact of removing obstacles in communication with a child is to involve the guardianship and guardianship authority.
According to article 158, paragraph 1, of the Family Code, on the application of the mother and father of the child, tutorship and guardianship agency determines how to participate in the upbringing of the child and communicate with him or her by the parent who lives separately from him or her.
According to article 158, paragraph 2, of the Family Code of Ukraine, the decision of the tutorship and guardianship agency is binding. A person who evades the execution of a decision of the tutorship and guardianship agency is obliged to compensate for material and moral damage caused to one of the parents who lives separately from the child.
If the parent with whom the child lives prevents the parent who lives separately from communicating with the child and raising him or her, in particular if he or she evades the decision of the tutorship and guardianship agency, the second parent has the right to apply to the court for the removal of these obstacles.
In this case, the Court determines how one of the parents participates in the upbringing of the child (periodic or systematic visits, possibility of general rest, visit of the child to his place of residence, etc.), place and time of their communication.
In certain cases, if it is motivated by the interests of the child, the court may require the child to be visited by another person.
In resolving a dispute concerning the participation of a parent in the upbringing of a child, account shall be taken of the attitude of the parents to the performance of their duties, the child’s personal attachment to each of them, the child’s age, his or her state of health and other essential circumstances, including the mental health of one of the parents and his or her abuse of alcoholic beverages or narcotic drugs. On the application of the interested party, the court may stop the implementation of the decision of the tutorship and guardianship agency until the dispute is resolved. In case of evasion of the court decision by the person with whom the child lives, the court, on the application of the parent who lives separately, may transfer the child to live with him.
A judicial settlement of the dispute is possible to achieve:
• Determining the way and order of participation in the upbringing of the child of the parent who lives separately from the child;
• Establishing a schedule of meetings with the child (days, hours);
• Establishing the place of residence of the child.