PDF

Galina YUROVSKA,

Deputy Head of the Department of the National School of Judges of Ukraine, Retired Judge of the High Specialized Court for Civil and Criminal Cases, Candidate of Law, Honored Lawyer of Ukraine

Vasily DATSENKO,

Judge of the Lubny City District Court of Poltava Region, coach of the National School of Judges of Ukraine, Candidate of Law

SETTLEMENT OF THE TEMPORARY DEPARTURE OF A CHILD ABROAD THROUGH THE PRISM OF OBSERVANCE OF THE PRINCIPLE OF “ENSURING THE BEST INTERESTS OF THE CHILD”

The article examines the legislation of Ukraine in the sphere of temporary departure of a child abroad in order to implement the principle of “ensuring the best interests of the child” in it. The content of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Concerning the Creation of Economic Preconditions for Strengthening the Protection of the Right to a Child for Proper Maintenance” from July 3, 2018, №. 2475-VIII was analyzed in the system connection with other normative legal acts regulating the sphere of legal relations, through the prism of their historical development.

It has been established that for a long time the principle of “ensuring the best interests of the child” was not properly implemented in the relations between parents and children concerning the temporary departure of a child abroad with one of the parents. For a long time, the dominant principle in these relations was the principle of equality of rights of parents regarding personal communication and the upbringing of the child. Consequently, the legislator provided for an imperative obligation to obtain the consent of another father for the departure of a child abroad.

It was revealed that in the Law of Ukraine dated July 3, 2018, №. 2475-VIII, the legislator changed that approach. From the content of the law it is seen that the interest of the child in temporarily departure abroad with a statutory purpose of up to one month justifies interference with the father’s right to the child’s upbringing. The law grants the child’s father, who represents it, the right to promptly resolve the urgent issues of her development. The legislator restricts the rights of a parent who has arrears of alimony. Evading of a parent from performing parental responsibilities indicates that the right to raise a child for such a parent is not sufficiently valuable. In such a situation, the interest of the child will obviously outweigh the interest of the father. The legislator has regulated the issue of departure of a child abroad with a parent who lives separately.

Key words: the temporary departure of a child abroad, the principle of ensuring the best interests of the child, the upbringing of the child, family-legal relations

                                                                                                 References

On Amendments to Certain Legislative Acts of Ukraine Concerning the Creation of Economic Preconditions for Strengthening the Protection of the Child's Right to Appropriate Maintenance: Law of Ukraine of July 3, 2018 № 2475-VIII. URL: https://zakon.rada.gov.ua/laws/show/2475-19. [ukr.]

On the Ratification of the Convention on the Rights of the Child of November 20, 1989: Resolution of the Verkhovna Rada of the Ukrainian SSR of February 27, 1991 № 789-XII. URL: https://zakon.rada.gov.ua/laws/show/789-12. [ukr.]

Family Code of Ukraine of January 10, 2002 № 2947-III. URL: https://zakon.rada.gov.ua/laws/show/2947-14. [ukr.]

Civil Code of Ukraine of January 16, 2003 № 435-IV. URL: https://zakon.rada.gov.ua/laws/show/435-15/print. [ukr.]

Rules for crossing the state border by citizens of Ukraine: Resolution of the Cabinet of Ministers of Ukraine of January 27, 1995 № 57. URL: https://zakon.rada.gov.ua/laws/show/57-95-%D0%BF. [ukr.]

On Ratification of the European Convention on the Exercise of Children's Rights of January 25, 1996: Law of Ukraine of August 3, 2006 № 69-V. URL: https://zakon.rada.gov.ua/laws/show/69-16. [ukr.]

On Amendments to Certain Legislative Acts of Ukraine Concerning Strengthening the Protection of the Child's Right to Proper Maintenance by Improving the Procedure for Enforced Recovery of Alimony Arrears: Law of Ukraine of December 7, 2017 № 2234-VIII. URL: https://zakon.rada.gov.ua/laws/show/2234-19. [ukr.]

The decision of the Supreme Court of January 25, 2018. URL: http://reyestr.court.gov.ua/Review/71826278. [ukr.]

The procedure for carrying out activities related to the protection of children's rights by guardianship authorities was approved by the Resolution of the Cabinet of Ministers of Ukraine of September 24, 2008 № 866. URL: https://zakon.rada.gov.ua/laws/show/866-2008 -% D0% BF. [ukr.]

Civil Procedure Code of Ukraine of March 18, 2004 № 1618-IV. URL: https://zakon.rada.gov.ua/laws/show/1618-15/print. [ukr.]