If a child, as a person who did not participate in the case, lodges an appeal, the court must open appellate proceedings to ascertain whether the court addressed issues concerning his or her rights and interests – SC CivCC

In disputes between parents concerning the determination of a child's place of residence, the child himself or herself is not an independent party to the proceedings, as his or her interests are represented by the parents. However, if the child lodges an appeal as a person who did not participate in the case, the appellate court is obliged to open proceedings in order to ascertain whether the court addressed issues concerning his or her rights and interests. If no such issues were addressed, the appellate proceedings must be closed. Refusal to open appellate proceedings without carrying out such a check is unlawful.

Such conclusions were reached by the Supreme Court as part of the panel of judges of the Second Judicial Chamber of the Civil Cassation Court.

In the case under review, the mother brought an action seeking determination of the child's place of residence with her, while the father filed a counterclaim seeking determination of the child's place of residence with him. By a judgment of the first-instance court, which was upheld by the appellate and cassation courts, the mother's claim was granted and the child's place of residence was determined to be with her; the father's counterclaim was dismissed.

A separate appeal against the first-instance judgment was also lodged by the parties' minor son, who justified his right to appeal the first-instance decision on the grounds that at the time the judgment was delivered he was under 14 years of age and had not participated in the consideration of the case. Since by the time the appeal was lodged the applicant had reached the age of 14, he considered that he had acquired the right to challenge the said court decision as a person who had not participated in the proceedings but whose rights and interests had been infringed by the decision.

The appellate court refused to open appellate proceedings for the parties' minor son, referring to the fact that in disputes between parents concerning the determination of a child's place of residence and participation in his or her upbringing, the child cannot be an independent party to the proceedings or lodge an appeal. The parents, as the legal representatives of the minor child, represent his or her interests and may perform all procedural actions on his or her behalf.

By setting aside the appellate court’s ruling refusing to open appellate proceedings and remitting the case to the appellate court for resolution of the question of opening appellate proceedings, the Civil Cassation Court of the Supreme Court reached the following legal conclusions.

Parties to the proceedings, as well as persons who did not participate in the case but whose rights, freedoms, interests or obligations were determined by the court, have the right to appeal the first-instance court’s decision in full or in part by way of appeal (Part 1 of Article 352 of the Civil Procedure Code of Ukraine).

The panel of judges of the Supreme Court proceeded on the basis that the appellate court failed to take into account that only within the framework of opened appellate proceedings does the court have the procedural ability to reach a conclusion as to whether or not the first-instance court addressed issues concerning the rights and interests of a person who did not participate in the first-instance proceedings. The established judicial practice of the Supreme Court on this point is consistent and unchanged and complies with the requirements of the Civil Procedure Code of Ukraine.

The Civil Cassation Court of the Supreme Court pointed out that in disputes between parents concerning the determination of a child’s place of residence, the child himself or herself cannot be an independent party to the proceedings, since his or her interests are represented by the parents. However, if the child, as a person who did not participate in the case, lodges an appeal, the court is obliged to open appellate proceedings in order to ascertain whether the court’s decision addressed issues concerning his or her rights and interests. Only after it has been established that no such issues were addressed should the proceedings be closed pursuant to point 3 of Part 1 of Article 362 of the Civil Procedure Code of Ukraine.

Resolution of the Civil Cassation Court of the Supreme Court dated 14 January 2026 in case No. 359/10024/21 (proceedings No. 61-14279св25) – https://reyestr.court.gov.ua/Review/133319219.

This and other legal opinions of the Supreme Court are available in the Database of Legal Positions of the Supreme Court - https://lpd.court.gov.ua.