Divorce also affects the opinion on the issue of access to communication with children and their education to former spouses. Most often, the difficulties are experienced by one of the parents who lives separately from their children after the divorce. After the parties have learned how to divorce in Ukraine there is often a situation in which the parent, with whom the children live after the divorce, prevents the communication of children with former spouses, forgetting that they have similar rights to communicate with children and participate in their education. The creation of any obstacles, bans on meetings with children is a violation of the rights of the second parent. Of course, such restrictions may be dictated by the care of the child, which is justified if communication with the father (mother), living separately, can injure the child’s psyche.
After the divorce, the spouses can reach an understanding and conclude a contract on how each of them can exercise their parental rights for determining the best interests of the child, what obligations each of them takes and who will lives separately from the children.
If parents do not agree peacefully on the distribution of the degree of participation of each of them in the upbringing of the child, the dispute will be considered by the child protection services (hereinafter – the CPS), which will determine the order and method of participation in the upbringing of the child of the parent who lives separately. CPS employees will first examine the living conditions of the father and mother, their attitude to the child, and other circumstances that are essential for determining the order of participation in its upbringing. The decision of the CPS is binding.
The dispute on participation in the process of child’s upbringing may be submitted for resolution to the court in case if the parent with whom the child lives, creates obstacles for the former spouse in communication with the child, in admission to education, thus deliberately avoiding the implementation of the decision of the guardianship and guardianship authority.
In addition to a statement on the removal of these obstacles, the parent whose rights have been violated can demand compensation for moral and material damage. In its decision, the court will determine how each parent will participate in the upbringing of the child, in particular through periodic or systematic visits; the possibility of joint rest; the child’s stay at the place of residence of the parent who lives separately, etc.
If you are in the situation described above, you are not allowed to participate in the upbringing of children, children are not allowed to communicate with you, you should seek the help of our lawyers for divorce processes, who will help to find a solution to your problem, tell you how to make necessary documents, and will also help to recover funds.