NON-PROPERTY FAMILY DISPUTES BETWEEN PARENTS REGARDING CHILDREN (FROM CONCEPT TO SOLUTION)

Abstract

It has been determined that the taxonomy of non-property family disputes between parents regarding children includes: 1) genealogical parental disputes: a) a dispute about recognition of paternity; b) a dispute about paternity between the husband of the child's mother and a person who considers himself the father of the child; c) a dispute about paternity by a person who is recorded as the father of the child; d) a dispute about paternity after the death of a person who is recorded as the father of the child; 2) anthroponymic parental disputes: a) a dispute between parents regarding the child's surname; a dispute between parents regarding changing the child's surname (surname parental disputes); b) disputes between parents regarding the child's name (name parental disputes); 3) parental disputes regarding the upbringing of the child; 4) settlement parental disputes. It is proposed to supplement Part 1 of Article 146 of the Family Code of Ukraine with para. 3 and to state it in the following wording: “A child may not be given a name that includes:1) numbers; 2) special signs (mathematical signs, typographic symbols, smileys and emojis, international and phonetic symbols, card suits and other decorative signs); 3) punctuation marks (period, comma, semicolon, colon, dash, ellipsis, exclamation mark, question mark, quotation marks, brackets, oblique stroke, space); 4) Latin and Cyrillic letters combined in any way; 5) multilingual letters; 6) obscene vocabulary; 7) words denoting diseases, asocial phenomena, shameful concepts or subject names; 8) the surname of a state and (or) public figure of the aggressor state.” It is substantiated that Part 2 of Art. 146 of the Family Code of Ukraine it is advisable to supplement par. 2 and 3 and set them out in the following wording: “The sequence of placement of the components of the double (dual) name of the child may be connected alphabetically and (or) by melodiousness. If the child is given a double (dual) name, the sequence of placement of its components may be changed”. In addition, part 3 of art. 145 of the Family Code of Ukraine should be supplemented with par. 2 stating that disputes regarding the child’s surname may be referred to mediation with the consent of the parents before applying to the guardianship and trusteeship body or court; secondly, part 3 of art. 146 of the Family Code of Ukraine should be supplemented with par. 2 stating that disputes regarding the child’s name may be referred to mediation with the consent of the parents before applying to the guardianship and trusteeship body or court.