PARTICIPATION OF GUARDIANSHIP AND CUSTODIANSHIP AGENCIES IN COURT PROCEEDINGS ON DISPUTES OVER THE PARTICIPATION OF ONE OF THE PARENTS IN THE COMMUNICATION AND UPBRINGING OF THE CHILD

Abstract

The article examines the substantive rules governing the activities of guardianship and custody authorities with regard to resolving disputes over the participation of one of the parents in communication and upbringing of a child and removing obstacles. The author identifies the key issue that arises in modern conditions, namely, the impossibility of notifying persons who are in combat areas or abroad and the impossibility of their presence at meetings of the commissions of executive authorities on child protection. The impact of this factor on obtaining a professional assessment of the dispute resolution, both when making a decision on the participation of one of the parents in the communication and upbringing of the child in an administrative manner and when drawing up an opinion on the resolution of relevant disputes and submitting it to the court. The author analyses the practical component in court cases concerning the inaction of guardianship and custody authorities in bringing to administrative responsibility persons who have violated the decisions of executive authorities and appealing against decisions on bringing to administrative responsibility by executive authorities of persons who have violated the decisions of a guardianship and custody authority. The author identifies the consequences of inaction of guardianship and custody authorities on further realisation of the rights and interests of a parent living separately from a child and the derivative component – a possible gradual breakdown of the psycho-emotional bond between a parent and a child. Attention is focused on the involvement of relevant authorities in court proceedings to remove obstacles to communication and upbringing of a child, determining the manner of participation of a parent living separately from the child in communication and upbringing of the child, rather than providing a formal opinion in accordance with the family law provisions based on the position of the judges of the Supreme Court of Ukraine. The author also draws conclusions about the lack of proper control over the implementation of the decision of the guardianship and custody authority and emphasises the consequences of submitting a formal opinion with a professional assessment on the resolution of a dispute with non-compliance with the principle of equality of parents.