THE PROBLEMS OF LEGAL REGULATION OF DETERMINING THE CHILD'S PLACE OF RESIDENCE.

Abstract

With the growing number of family disputes caused by both socio-economic factors and the consequences of martial law, the issue of determining a child's place of residence has become particularly important in practical terms. According to the Part 1 of the Article 29 of the Civil Code of Ukraine, the place of residence of a natural person is the dwelling in which they live permanently or temporarily. At the same time, determining a child's place of residence can have two interrelated but different aspects — personal (with whom the child lives) and territorial (where exactly the child lives). The analysis of the provisions of the Family Code of Ukraine and the Civil Code of Ukraine on determining a child's place of residence has shown that the law applies a personal approach, i.e. the question of whether the child lives with the mother or father is decided. At the same time, the Supreme Court stated in one of its rulings that the place of residence of a minor child with one of the parents is determined either by the place of residence of the mother or father, or by a specific address. Determining the place of residence of a minor child at a specific address makes it impossible for the parent with whom the child will live to manipulate the situation, in particular to live anywhere they want, as a result of which the child's father will not be able to participate in their upbringing. It seems appropriate to determine the place of residence of the child with the mother or father without specifying a specific address. This way, the mum or dad can change where they live without having to go back to court, and it doesn't limit their right to choose a safe place to live, which is especially important during martial law. At the same time, if one of the parents specifies in the claim that the child should live with them at a specific address, or in cases where the parents have concluded a settlement agreement specifying a specific address as the place of residence, this method of determining the child's place of residence is also legal. The specific address may be specified in the contract on the determination of the child's place of residence.

Based on the results of the study of problematic issues of legal regulation of determining the place of residence of a child, the author's approach to their solution has been developed.


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