The ex-wife took the joint minor children to Germany without...

The Family Code of Ukraine indicates that the parent with whom the child lives does not have the right to prevent the parent who lives separately from communicating with the child and participating in its upbringing, provided that such communication does not harm the normal development of the child.

If it is not possible to come to an amicable agreement, the law offers two ways to solve the issue of communication and participation in raising a child after a divorce:

• through the body of guardianship and care;

• through the court.

The father can submit an application to the local guardianship authority, in which he asks to determine the ways of participation in the child's education and communication with him. The guardianship body examines living conditions, attitude towards the child, employment, lifestyle and other characteristics, on the basis of which it makes a decision on establishing a visitation schedule with the child. The decision to set a meeting schedule is binding.

If the parent with whom the child lives does not comply with the decision of the guardianship authority regarding the visitation schedule, the other parent has the right to apply:

• to the court for compensation of property and moral damage

• to the guardianship and guardianship body for a conversation with the other parent

• to the police to bring to administrative responsibility the person who does not comply with such a decision

• to the court to remove obstacles in communication with the child.

The court is referred to if the parent with whom the child lives evades the implementation of the decision of the guardianship authority or in some other way obstructs the parent who lives separately in communicating with the child and in his upbringing. Such obstacles must be proven by proper evidence:

• testimony of witnesses

• appeals to the body of guardianship and guardianship

• appeals to the police

• correspondence or other communication between parents.