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

Rights of the child

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Answer

Dear Mr. Roussos,

A citizen of Ukraine can come back to the territory of Ukraine any

time. I've know law about citizenship-the citizenship of Ukraine has

been given to her on the ground of Article 7 part 1 of law "About the

citizenship of Ukraine". I do not think that returning the child to the

country of his citizenship (especially if they found out that it is

the only his citizenship) can be considered kidnapping.

According to the materials of the case, father is a citizen of Great

Britain, mother is a citizen of Ukraine and daughter is a citizen of

Ukraine. I have the following questions on this matter:

1) Does daughter have citizenship of Cyprus?

2) Does she have citizenship of Great Britain?

3) Does she have residence permit in Cyprus? As a citizen of Ukraine

or Great Britain?

4) Does father have residence permit in Cyprus?

5) Does mother have residence permit in Cyprus?

If the girl has citizenship or residence permit in Cyprus, and her father -

residence permit in Cyprus, then there is chance to return a child.

If they all have a temporary immigration status in Cyprus, in this

case, in my opinion, the case does not have any perspective as for

returning the child to Cyprus.

The second point which is not in your favor is that your wife filed

claims to police and addressing to the social welfare office in

Cyprus, if it is going to be confirmed, your chances will be even

less.

I think this case has to be regarded as that one that defines the

place of the child's residence not as one that returns the child.

If we are looking at the case from this prospective, then we need to

define to which parent the child is closer, who has better living

conditions, education and development.

Applying it to our agreement, I would choose to conclude a peaceful

agreement according to which there will be a need to define both

parents' participation in the child's development. In my opinion

chances to send a citizen of Ukraine to live in Cyprus by force are

minimal. The court has to make the decision that responds to the

child's interests. His living in Cyprus far from his mother seems to

be very doubtful in my opinion.

Articles and consultations authored by attorney reflect the state of law as of the date of their writing. The laws change daily. Users of this site are advised to consult attorney regarding their situation.
Karina Duvall
Divorce
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