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Family Law: termination of parental rights, rights of the child, child support. (Ukraine)

Question

Dear Karina, I saw your web site a brief of my problem, I am to marry a lady from the Ukraine, but her ex will not sign papers to take her daughter out of Ukraine unless I pay him a large sum of money I saw on your site their is a way to do it with out his consent as long as i can prove her living will be better, if you can help or tell me some one who can you would have my thanks.

Answer

The problem can be solved in two ways:

1) Termination of parental rights;

2) Obtaining of a court order allowing leaving the Ukraine.

Termination of parental rights is the best solution but it’s not always possible. In order to terminate parental rights you have to prove that the father lost interest in the child, doesn’t take part in the child’s life, doesn’t call, doesn’t try to meet the child and doesn’t support the child financially. If you obtain a court order terminating the father’s parental rights you will not have to contact the child’s father ever again in any event, you will not need his consent for leaving the Ukraine or obtaining any visa or residence permit or even foreign citizenship.

If termination of parental rights is impossible, the mother can file a lawsuit in court seeking a permission to travel abroad.

Art. 29, part 4 of the Civil Code of the Ukraine says that a place of residence of a child under the age of 10 shall be the place of residence of the child’s parents or the custodial parent.

According to Art. 150, part 2 of the Family Code of the Ukraine, parents shall take care of the child’s health and physical, mental and moral development.
According to Art. 313 of the Civil Code of the Ukraine, a child under the age of 16 can leave the Ukraine subject to his/her parents’ consent or accompanied by the persons authorized by the parents.

According to Art. 4, part 2 of the Law of the Ukraine “Procedure of exit from and entry into the Ukraine”, travel documents can be issued to a child only subject to submission of a notarized consent of the child’s parents or a court order permitting issue of travel documents (Art. 4 of the Law of the Ukraine “Procedure of exit from and entry into the Ukraine”; clause 3, Art. 2-2- of the Principles of State Border Crossing by Citizens of the Ukraine approved by Resolution № 57 of the Cabinet of Ministers dated the 27th of January 1995).

According to Art. 155 of the Family Code of the Ukraine, exercise of parental rights and performance of parental duties shall be based on respect for the child’s rights. Parental rights cannot be exercised in prejudice of the child’s interests. According to Art. 3 of the UN Convention on the Rights of the Child, in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.

But you should take into account that as a rule a permit to leave the Ukraine is granted subject to mandatory indication of the destination country and the period of stay in that country, i.e. the court is unlikely to grant a permit to leave the Ukraine if you are leaving for the purpose of permanent residence abroad as it contradicts Art. 141, 153, and157 of the Family Code of the Ukraine, which provide for equal parental rights and duties of both parents, accordingly, if you leave the Ukraine for the purpose of permanent residence abroad it will deny the father the opportunity to meet the child or be a part of the child’s life.

Therefore, if you can’t or don’t want to terminate the father’s parental rights and decide to obtain a court order allowing leaving the Ukraine, you should understand that in such case the father’s parental rights will be reserved. Therefore, upon arrival to the USA you will need to file a child custody lawsuit in the Family Court at the county of your residence. If the US court awards the sole custody to you, you will not need the father’s consent for obtaining the documents required for residing abroad.

If you cancel the father’s parental rights in Ukraine, you will not need to take legal actions abroad, otherwise the custody matters shall be handled in your new country of residence.

We’ll be happy to conduct your case. As a rule, such cases are examined at the defendant’s place of residence, i.e. Kharkiv, but we’ll see whether there are any exceptions in your case allowing examination of the case at your place of residence (Odessa). In any event you’ll need to prepare a package of documents and proofs including 2-3 witnesses to support the stated claims.

We’ll be happy to help you.
Karina Duvall
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