What to do and where to go if the ex-wife left during the war with ...?

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... the child to Poland and two months later she stopped giving me the opportunity to communicate with the child, somewhere once she could catch a moment so that the little one was close to her. And for the last month, she has not answered calls at all and ignored messages on social networks.

27.04.2023 15:48 618

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Photo of sikorsky.y.o Yaroslav Sikorsky

In the conditions of martial law, the departure of children abroad is allowed without the notarized consent of the other parent (adoptive).

However, in accordance with Article 16 of the Law of Ukraine "On the Protection of Childhood", a child whose parents live in different states has the right to regular personal relations and direct contact with both parents. The child and her parents have the right to freely enter and leave Ukraine for family reunification in accordance with the procedure established by law.

Parents, other family members and relatives, in particular those who live in different states, should not prevent each other from exercising the child's right to contact with them, are obliged to guarantee the child's return to the place of permanent residence after exercising the right to contact, not to allow an illegal change of her place of residence.

The resolution of the issue of facilitating the return of the child (regardless of the direction of his removal (movement) - from abroad to the territory of Ukraine or from the territory of Ukraine abroad) and ensuring the implementation of the right of access to the child is regulated by the Procedure for the implementation on the territory of Ukraine of the Convention on Civil and Legal Aspects of International abduction of children, approved by the resolution of the Cabinet of Ministers of Ukraine dated July 10, 2006 No. 952.

In accordance with the above procedure, you can apply for the return of a child from abroad to Ukraine or with an application for ensuring the right of access to a child who permanently lives abroad. (Simultaneous submission of both applications is not provided)

Articles 8 and 21 of the Convention give the person who has the right to apply for the return of the child/ensure the realization of the rights of access to the child, the right to choose which authority to apply for such an application, in particular to: the Ministry of Justice of Ukraine or to its territorial body (Interregional Departments of the Ministry of justice in the regions)

Simultaneously with the submission of an application for the return of the child, it is possible to ask the court or other authorized body of a foreign state to establish a temporary procedure for access to the child until the issue of the child's return to Ukraine is resolved.

07.06.2023 09:30

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