EXERCISE AND PROTECTION OF THE RIGHT TO UPBRINGING THE CHILD BY A PARENT LIVING SEPARATELY FROM THE CHILD

Abstract

The author of the article has studied the problematic issues of exercising and protecting the right to upbringing the child by a parent who lives separately from the child. It has been established that the exercise and protection of the right to upbringing the child by a parent who lives separately from the child should be carried out for the best interests of the child. The interests of the child shall be the paramount consideration when protecting the right to upbringing the child by a parents who lives separately from the child. The author has suggested to amend the Family Code of Ukraine and to unify the legislator’s approaches to the form of an agreement between the child’s parents on exercising parental rights and performing duties by one of them who lives separately from the child, by providing for the conclusion of such an agreement in writing with mandatory notarization and in case when such an agreement is attached to a joint application for divorce of spouses having children. It has been proved that it is ineffective to determine such methods of participation in upbringing the child by a parent who lives separately from the child as establishing a schedule of personal visits with the child, establishing the possibility of joint recreation, visiting the place of residence of a parent who lives separately from the child in terms of the martial law, when the child is abroad or lives on the temporarily occupied territory of Ukraine. It has been argued that an appropriate and effective method for protecting the violated right of a parent who lives separately from the child to personal upbringing of the child, who is abroad or on the temporarily occupied territory of Ukraine, may be the identification of such a method of participation in the upbringing of the child as establishing a contact schedule with the child by means of mobile, postal, electronic communication, including the usage of mobile and other devices, dialogue in social networks and messengers.