Jurisprudence about children custody

[docetae]

Hello,

I am looking for someone who can refer me a good lawyer in Ukraine with experience about children custody rules. Ex of my future wife (wedding is in less than one month now) refuses that his son leaves Ukraine. He saw him before usually one afternoon per month...in the best case. Her divorce was 6 years ago and she has always had her son with her...

We would like to have a judgment allowing her to keep her son with her abroad. her son is 12 and does not want to live with his father.

What we are looking is to establish an agreement telling that he will live in Canada but will travel every year during summer holidays in Ukraine. Before starting legal process, we would like to find more about ukrainian jurisprudence on this kind of case. Before, she discussed with her son and he will live with his father during one month at least, we are optimistic he will not want to keep him after this time (the man has no idea about what it is to be a parent).

Thanks

[BC]

What we are looking is to establish an agreement telling that he will live in Canada but will travel every year during summer holidays in Ukraine. Before starting legal process, we would like to find more about ukrainian jurisprudence on this kind of case. Before, she discussed with her son and he will live with his father during one month at least, we are optimistic he will not want to keep him after this time (the man has no idea about what it is to be a parent).

Can't help much with the legal stuff, but putting a child in such a position (bold) to try and sway the other parent one way or the other would be very wrong IMHO and could do the child much harm (fear of abandonment, emotional tug of war, etc etc.)

[AnastassiaAsh]

i can say for sure that in such difficult cases it's better not to talk to the ex but go directly to court and fight for mother's full custody of a child. it can take more time but at the end the ex is out of the picture completely and nobody has to come back for visits...

according to the Russian law, ex can give a consent but later can officially deny it and make up another doc saying that he basically changed his mind. So next time your wife and her kid travels back home for a visit, her child can be stuck again, and she will have to talk to her ex and ask for consent again... think about that.

i am not 100% sure about the Ukrainian law on this...

[Wayne]

I went through this process.  See the attachments:

[Wayne]

Here is the part of the document about deprivation of parental rights:


UKRAINE

[8 August 1994]
REPORT BY UKRAINE ON MEASURES TAKEN TO ENFORCE THE RIGHTS RECOGNIZED
BY THE CONVENTION ON THE RIGHTS OF THE CHILD AND PROGRESS MADE IN
IMPLEMENTING THOSE RIGHTS


GENERAL MEASURES OF IMPLEMENTATION
55. Deprivation of parental rights is the ultimate legal sanction applicable to parents who do not provide their children with a proper upbringing. It can only be decided upon by a court. The law recognizes a number of grounds on which parents may be deprived of their parental rights. Foremost among them is failure by the parents to fulfill their obligations regarding their children's upbringing. Such failure must be intentional. A further ground for deprivation of parental rights is abuse of those rights, i.e. their deliberate use to the detriment of one's children. Persons may also be deprived of their parental rights if they mistreat their children, inflict corporal punishment on them, humiliate them or deliberately leave them in conditions that endanger their health. Courts most often deprive people of their parental rights when, because of their chronic alcoholism, drug addiction or substance abuse, they exert a pernicious influence on their children by their immoral behavior. The fact that a court orders a person to be deprived of his or her parental rights, means that the child may not be left with the parent in question.

[Gator]

My wife and I went through this process in Russia.  It took a year.  We selected an attorney after calling a few firms listed with the American Embassy.  Perhaps the American or Canadian Embassy in Ukraine would have a list.

[johnichka]

I will leave it to others here to refer Ukrainian Counsel, but I can relate our experience.  Ulyana will be arriving here on September 6th with her daughter Anna, aged 5.  We had the visa interview at the US Embassy last week in Kiev on the 19th.

Ulyana was married to a Ukrainian and they had Anna together. Within a few years there was an irretreivable breakdown in the marraige and they divorced while the child was 2 years old. Her ex-husband had virually zero contact with Anna over the ensuing years.  She was able to "coach" him to sign a document that stated he will give up his parental rights to Anna and that he was ok with her being adopted by someone in the future.

She took this document to court and received a formal Ukrainian court order stating as such.  She brought her sister and neighbor to court to convince the court that the Ex-husband had provided zero monetary suppport and was physically and emotionally absent from Anna.  He was to appear in court and was subsequentally going to contest what he had signed, but on the day of the court appearance, he did not show.  Full custody was given to Ulyana via a court order.

So, we have a physical court ordered document that we provided to the Embassy and she will carry with her on the 6th when she leaves Kiev.

Hope this helps a little.

john

[apple47]

   Maybe the Ex is campaigning for a cash settlement for his signature.    My wife's ex suddenly became very fatherly when he found out that we were serious and the 2 younger daughters were leaving.   $2k took care of these fatherly feelings.   Its blackmail ,I know,but,it simplified things and caused no delays.  I like simple.


                                              ...Larry

[docetae]

   Maybe the Ex is campaigning for a cash settlement for his signature.    My wife's ex suddenly became very fatherly when he found out that we were serious and the 2 younger daughters were leaving.   $2k took care of these fatherly feelings.   Its blackmail ,I know,but,it simplified things and caused no delays.  I like simple.


                                              ...Larry

I offer him laptop and internet connection for 5 years to communicate with his son... (almost the same amount) and promise of travel each year... we will see within 2 weeks...

[docetae]

Update, question is solved. How ? It apears the ex has another relationship. Son of my (very soon) wife went to his home two days. Result: the man has had to sleep in the same bedroom than his son. Two days after he was signing papers and son is back to home !

[MaxxumUSA]

Update, question is solved. How ? It apears the ex has another relationship. Son of my (very soon) wife went to his home two days. Result: the man has had to sleep in the same bedroom than his son. Two days after he was signing papers and son is back to home !

If his father gave up that easily then he is a crappy father and you have done your step son a huge favor.  I'm guessing that you will care much more for him than his real father.

- Maxxum

[docetae]

If his father gave up that easily then he is a crappy father and you have done your step son a huge favor.  I'm guessing that you will care much more for him than his real father.

- Maxxum

The man make me think to a hot air baloon. Full of nothing.... he always promised dreams to his son but nothing happen.

About son of my fiancee, I have no worries, we have good communication: we have built a computer together, done some activities and he told his mother all time about me. In fact in 10 days, more than he has done with his father in one year. He is even speaking English and writing it very well. He is 12.