Features of the consideration and implementation of decisions regarding determination of the child’s place of residence and establishment of visitation orders with the child

The article is devoted to the determination of the child’s place of residence and the organization of visits with the other parent, in particular, in the conditions of state of war in Ukraine. It is noted that the lack of special military legislation in this field is a problematic issue today. In addition, the increase in the number of disputes due to the mass departure of children abroad, a change in the region of residence within the country is an important factor that causes the problems of law enforcement in this area of legal relations.
It is emphasized that the relevance of this study is due to judicial practice and doctrinal studies in this field. The determining principle applied in the resolution of any disputed issues concerning children is the principle of respect for the best interests of the child.
It is noted that the definition of the concept of «best interests of the child» has not been developed in the national legislation today. The provisions of the 1989 Convention on the Rights of the Child are analyzed, in which primary attention is paid to the best possible protection of the child’s interests. National legislation also reflects the principle of prioritizing the rights and interests of the child, in particular, Article 7 of the Family Code of Ukraine.
Current judicial practice is based on the position that when resolving a dispute regarding the place of residence of a minor child, the attitude of the parents towards the fulfillment of their parental duties, the personal attachment of the child to each of them, the age of the child, the state of his health and other circumstances are taken into account which are of significant importance.
Emphasis is placed on the fact that the judicial review of family disputes, in which the interests of the child are affected, is particularly difficult, since in its process not only controversial issues between parents and other persons are resolved, but the fate of the child is determined. As a result of the interpretation of the norms of the Family Code of Ukraine, it was concluded that any of the parents can apply to the guardianship authority to determine the method of participation in the child’s upbringing and communication with the parent who lives separately from her. At the same time, the child’s opinion must be heard and taken into account, taking into account all the circumstances of the case. Thus, the child’s reluctance to communicate with the father and lack of affection for him cannot be the basis of a court decision.
It is noted that in the conditions of martial law, one of the key factors in resolving disputes regarding the determination of a child’s place of residence is the child’s safety factor.
The article emphasizes that it is also important to note new categories of cases that arise by analogy with those under investigation due to the emergence of new circumstances. So, in order to receive a deferment from the draft, it is necessary to provide evidence of independent upbringing of the child – ​this is the establishment of the fact of independent upbringing of the child in the order of a separate proceeding in civil proceedings.
It was concluded that the circumstances of wartime, forced resettlement of children to other regions and foreign countries, divorce from one of the parents due to hostilities, military service by one of the parents negatively affect the development of family relations.
The practice of considering cases regarding the determination of the child’s place of residence abroad during the war shows that the circumstances of armed aggression against Ukraine and the introduction of state of war are not considered by the courts as an independent basis for determining the child’s place of residence abroad. All these circumstances require further research and clarification.