Oleksandr Gubin
Visit company website
Since the time of its incorporation in 2005, AGA Partners has always occupied а leading position in the field of family law among Ukrainian law firms. We help private persons to resolve their matters both in Ukraine and abroad, including issues on wealth management, family and inheritance, surrogacy and reproductive technologies.
We handle cases requiring representation of the clients at Ukrainian and foreign courts, as well as the European Court of Human Rights.
AGA Partners is ranked among top firms in Private Client practice by Legal500 continuously since 2018.
Relevant experiences and positions
I hold a position of Senior Associate and advocate in AGA Partners. I have worked with the firm since 2006, holding different positions.
I have been ranked by Legal500 as Rising Star in Private Client practice for Ukraine during 2018-2023.
I have dealt with the international abduction cases since 2013, when we had been engaged into the first Hague Convention 1980 case between UK and Ukraine.
The Hague Convention 1980 cases constitute a major part of my legal practice. Mainly we deal only with the cases on return of the relocated and retained children from Ukraine abroad, involving jurisdictions of Canada, USA, UK, Poland, New Zealand, Czech Republic and etc.
As a member of the Council of the Family, Civil and Inheritance Law Committee of Ukrainian Bar Association I continue to take all efforts towards duly application and enforcement of the Hague Convention 1980 on the territory of Ukraine.
I had a lot of experience in representation of the foreign clients before Ukrainian courts in the abduction cases, including Supreme Court, as well as before the Ministry of Justice of Ukraine as a Central Authority upon the said Convention.
Some personal questions
What is your advice to parents who are thinking about relocating with a child?
My advice is to follow a correct way of dealing with such delicate situation, not to take rush decisions and also try to understand your legal position in a country, where you live, even if it is a foreign one. Do not fear to approach a legal practitioner and ask your questions on how to relocate with a child without violating rights of any involved party.
What makes a child abduction case different from other cases?
I can outline couple of the features that make this category different from other cases.
First off, such cases are always international ones and include two more jurisdictions at the same time. Secondly, abduction cases are very hard emotionally for the left behind parents as they often have no possibility to see their children for years. And thirdly, to successfully handle such cases you must take into consideration even smallest details and multiple factors and nuances of at least two jurisdictions at the same time.
Which child abduction case will you never forget?
My first case on illegal retention of the relocated child from UK, which has been initiated back in 2013. The matter was closed only in 2021 in the Grand Chamber of Supreme Court. It is undoubtedly the longest Convention 1980 case in Ukraine.
What do you think is important to do or not do as an attorney in child abduction cases?
The most important thing to do for the attorney in such cases is the thorough and detailed preparation of the claim petition to the court, taking as a highest priority the best interests of the child.
What can people do to support the children during these proceedings?
The relations between abducting and left behind parent are very strained in the most cases. However, it is my strong belief that one should think first of all not about himself or herself, but about the child focusing on the best interests of the little human being. Thus, assisting in maintaining the relations between child and left behind parent is the least that the abducting parent can do. Otherwise, he or she hurt the child by alienating the other parent only based on the selfishness or old grievances.