Ukraine
How can you prepare for child relocation from or within Ukraine? What if your child has been relocated without your consent?
Ukraine is an Eastern European country. However, it has yet to become a member state of the European Union. Therefore, Regulation (EC) No 2201/2003 of 27 November 2003 and its replacement Council Regulation (EC) No 2019/1111 of 29 June 2019 (Brussels II ter) are not valid in Ukraine. Nevertheless, Ukraine ratified the European Convention on Human Rights in 1997, while the European Court of Human Rights case law is part of the national legislation.
Ukraine is a Contracting State to the 1980 Hague Convention on the Civil Aspects of International Child Abduction and the 1996 Hague Convention on Parental Responsibility and Protection of Children.
Ukraine is also a party to the UN Convention on the Rights of the Child 1989 and HCCH Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance.
Ukraine has many bilateral treaties on legal assistance in civil cases with countries from the EU and other states worldwide, including Poland, PRC, Cyprus, Turkey, Hungary, Greece, South Korea, Iran, Bulgaria, Egypt etc. Such treaties may also contain relevant articles for the cases of relocation (international abduction or retention) of the children from and to Ukraine, as well as they may contain provisions regarding jurisdiction and other related matters.
Country Reporter:
Oleksandr Gubin
Oleksandr is specialised in international family law, including international child abduction and recognition of foreign court orders.
He works for A.G.A. Lawyers in Kiyiv.
Oleksandr has volunteered to keep this page about Ukraine up to date.
Lawyers and mediators in Ukraine
We provide a list of lawyers and mediators in Ukraine, who can assist you in drafting an international parenting plan, in preventing conflicts over the primary residence of the children, and in negotiating and litigating over the children in the event of relocation or child abduction.
Parental rights and authority: Ukraine
Authority
Any child born in an officially registered marriage is considered a child of the spouses. Parentage is established based on the Marriage Certificate and the documented evidence of the child’s birth to the wife issued by the healthcare facility. The child born within ten months following the marriage termination of annulment shall be deemed to be the child of the spouses.
If the wife gives birth to the child conceived with the use of assisted reproductive technology applied with the written consent of her husband, the husband shall be registered as the father of the child. In the case of placing a human embryo conceived by the spouses (husband and wife) into the uterus of the other women with the use of assisted reproductive technologies, the spouses shall be deemed the parents of the child. The spouses shall be recognised as the parents of the child born to the wife upon the transfer of the human embryo conceived by her husband and another woman with the use of assisted reproductive technology.
When the child’s mother and father are not married to each other, paternity shall be established based on the application of the child’s mother and father or based on the court decision.
The mother and the father have equal rights regarding the child, whether married or not. The Ukrainian Family Code 2002 operates on the notion of parental rights and obligations rather than custody rights or parental responsibility.
Children are considered adults at 18; however, according to the Ukrainian Family Code 2002, they can travel solely from 16.
After divorce
Termination of the marriage between the parents or their living apart from the child shall not affect the scope of their rights nor release them from their duties regarding the child.
From the 1980 Hague Convention perspective, parental rights are regulated by the operation of law, namely, the Family Code of Ukraine 2002.
Traveling with children: Ukraine
Currently, if one parent wants to travel outside Ukraine with the child, he or she does not need permission from the other parent. Usually, another parent should provide consent in the written form certified by the notary. However, when martial law was applied, such permission is no longer needed.
Under the current martial law, children under 16 can leave Ukraine with one parent, a grandmother, grandfather, adult brother or sister, stepmother, or stepfather without the written authorization of either or both parents. Still, the relative should have evidence of the family relationship, such as birth and marriage certificates.
Before the martial law was adopted, namely, before 24 February 2022, if the other parent did not consent, the parent wishing to travel outside Ukraine, except for the cases mentioned below, had to apply to the court for permission.
It was necessary to provide a specific timeframe for the travel, mention the country or countries to which a parent plans to travel with the child and state the date of the return to Ukraine. It was also essential to provide a purpose for the travel and whether such travel is in the best interests of the child.
The child may travel abroad without the notarised consent of the other parent in the case he or she can provide at the border one of the following documents:
– The death certificate of the other parent.
– A court order on the termination of the other parent’s parental rights.
– A court order that the other parent is “missing” officially.
– A court order recognising the other parent as incapable.
– A court order granting permission to travel outside Ukraine for a citizen who has not reached the age of 16 without the consent of the other parent.
– A birth certificate specifying the mother is single, and the record was made based on the first paragraph of Article 135 of the Family Code of Ukraine 2002.
Furthermore, a child can travel abroad without the notarised consent of one of the parents if such parent lives separately and has incurred a debt on alimony payments for at least four months or three months in case a child has serious confirmed health issues. The reasons for such travel include medical treatment, education, or vacation purposes.
Lastly, a parent with whom the registered place of permanent residence of the child is established either by the court’s decision or the custody and care authorities’ report can travel abroad without the notarised consent of one of the parents if the purpose of the trip is related to the treatment, education, sanitation, or recreation of the child and its duration is not exceeding one calendar month.
Therefore, if the parent is not seeking to relocate the child abroad for more than one month, the additional requirement to apply to the court is no longer needed.
When martial law is cancelled, the abovementioned old rules will apply again.
Child relocation: Ukraine
Only the court can grant permanent relocation. It examines each parent’s role in the child’s upbringing, payment of alimony, visitation of a child by the estranged parent, and so on.
The court also establishes the legal grounds for the parent’s emigration with the child to another country, such as marriage with a resident of this country, receipt of permission for a long-term stay in the foreign country, and employment there, as well as an accommodation conditions in the country of relocation, the level of income of the relocating parent or his or her foreign spouse, employment reference letters, medical insurance issues, and so on.
The parental rights and obligations of the estranged parent should be effectively exercised before the relocation dispute.
The courts especially ensure that permanent relocation will not violate the rights of the estranged parent. However, priority is still given to the child’s interests in such cases. The general principle is that exercising parental rights must not affect the child’s rights and interests.
Child abduction: Ukraine
Hague Convention
Ukraine is a Contracting State to the 1980 Hague Convention on the Civil Aspects of International Child Abduction and the 1996 Hague Convention on Parental Responsibility and Protection of Children.
Government
The Central Authority (Ministry of Justice of Ukraine or MJU) is the first point of contact for the abduction cases. The MJU communicates with the Central Authority of the applicant’s country to which he or she seeks the child’s return.
Court procedure
In Ukraine, all child abduction cases are heard by the courts of general jurisdiction. The court system in Ukraine consists of three layers: the first instance, the appeal instance, and the cassation instance. Currently, each stage of martial law takes at least 4-6 months or more. There is no specific expedited procedure. The return case may go up to the Supreme Court.
Child participation
Children can be heard in the return procedure if their age allows them to freely express their thoughts and considerations. Generally, this age starts at 10. The child can also be heard by an independent expert who prepares a report for the court.
Mediation
Mediation and voluntary return will be promoted at all stages.
Other local proceedings
If any proceedings in respect of the child have been initiated in Ukraine based on the local laws, these shall be stayed pending the final order of the return proceedings. Nevertheless, such stay is not automatic, and it is necessary to file a respective petition within the local proceedings to stop them.
Execution
When the return decision is valid, enforcement proceedings, another stage of the process, can be started. The enforcement is made by the State execution service of Ukraine. It is necessary to receive an execution list in the court of the first instance and then trigger the enforcement proceedings by filing a respective petition to the local department of the service providing the district of the child’s stay in Ukraine. The enforcement can be done only with the participation of the parent in whose favour the decision was made.
Whereabouts
If you think your child is in Ukraine but do not know precisely where, the Ukrainian Central Authority, with the assistance of the National Police of Ukraine, can help you locate your child.
Legal aid
The applicant can get free legal aid from the Central Authority if Ukrainian citizens can enjoy it in the country of the applicant’s habitual residence. In all other cases, it is necessary to hire a private attorney to initiate the court proceedings.
For more details: check the country profile of Ukraine on the website of HCCH.
Criminal law : Ukraine
Criminal law
From the perspective of the 1980 Hague Convention on the Civil Aspects of International Child Abduction child abduction is not a criminal offence in Ukraine.
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