Civil Cassation Court within the Supreme Court Left Young Children in Their Best Interests to Live with Father and Pointed on Important Details

The Supreme Court represented by a panel of judges of the First Chamber of the Civil Cassation Court upheld judgments of local and appeal courts regarding the determination of residence place for two young children together with their father and made following legal opinions.

The judicial consideration of family disputes concerning a child’s interests is especially complicated, since during this process not only disputable issues between parents and other individuals are solved, but also the fait of a child is determined. Therefore, the result of judicial consideration must be aimed at the protection of the child’s best interests.

The courts found that during a conversation with an official of service for children rights, the girls had informed that they had equal positive attitude to mother and father and wanted to have relationship with both of them.

The welfare of the both parents, their attitude to children, positive characteristics from the workplace show that each parent is able to create conditions for the development and upbringing of children, providing for their special needs associated with hearing impairments.

After the parents’ divorce, the children lived with their mother, and father paid alimony on the basis of a judgment. Since July 2017 the children have begun to live with their father, and mother pays alimony according to a judgment.

When deciding on a child's place of residence, courts must take into account objective and relevant evidence, including a survey of living conditions, characteristics of the child's psycho-emotional state, the parents' behaviour towards the child and the guardianship authority's opinion. However, the most important in this category of cases is the judge's inner conviction, which should be based on the assessment of all the circumstances together.

The courts of lower instances took into account the opinion of the executive committee of the city council, which found it appropriate to determine the place of residence of young children with their father.

The appeal court took into account that after the children had begun to live with their father, the plaintiff had remarried, but there was no evidence that the children were well acquainted with her new husband. Living of children with special needs with a stranger can pose a risk to their mental balance.

Arguments relating the fact that given the opposite sex, young age and peculiarities of girls' development, the defendant is unable, to take care of their physical, spiritual and moral development are unfounded. The children live with their father in the company of female relatives: grandmother, aunt, cousin, who can ensure adequate care for the girls. The girls regularly attend an educational institution that takes into account their peculiarities.

Determining the place of residence of children with their father will not affect their relationship with mother, as it does not deprive her of her rights and does not release her from parental responsibilities.

Cancellation of judgments on the determination of the residence place of children with their father, with whom they live for a long period, may lead to negative consequences and unforeseen psychological trauma for children and is therefore not in their interests of growth in a predictable emotionally stable atmosphere.

Resolution of the Supreme Court of 21 July 2021 in the case No. 404/3499/17 (proceedings No. 61-9074св20) – https://reyestr.court.gov.ua/Review/98548332.