A dispute about a right must be understood as a certain state of subjective right; a dispute is the essence of a contradiction! conflict! confrontation of the parties! a dispute is divided into material and procedural. Thus! Challenge or when considering cases in the order of separate proceedings! the existence of a dispute about a right associated with a violation! ! as well as failure to prove the existence of a subjective right under the conditions that there are certain persons who impede the exercise of such a right! is excluded.
The emergence! content of personal non-property and property rights and obligations of parents and children are determined by the Constitutional Court of Ukraine.
Article 160 of the Civil Code of Ukraine
provides for the right buy bulk sms service of parents to determine the child’s place of residence.
According to part two of this article! the place of residence of a child who has reached the age of ten is determined by mutual consent of the parents and the child himself.
At the same time! according to Part One of Article 161 of the Civil Code of Ukraine! if a mother and father living separately do not agree on which of them the minor child will live with! the dispute between them may be resolved by the guardianship and trusteeship body or by court.
At the same time! when a court considers a dispute regarding the child’s place of residence! the participation of the guardianship and trusteeship body is mandatory ! which must submit to the court an opinion on resolving the dispute (Article 19 of the Civil Code of Ukraine).
In the event of a dispute! the place of residence of an individual is the marketing director really incompetent and useless? aged ten to fourteen years shall be determined by the guardianship and trusteeship body or the court.
Therefore! when considering cases regarding the child’s place of residence
courts must first of all proceed from the interests of the child himself ! taking into account stable social ties! place of study! psychological state! etc.! and also maintain a balance between the interests of the child! the rights of the parents to raise the child! and the obligation of the parents to act in his or her interests.
Moreover! the Court may disagree with the conclusion of the guardianship aol email list and trusteeship body if it is insufficiently substantiated and contradicts the interests of the child (August 7! 2023! the Supreme Court! as part of the panel of judges of the Third Judicial Chamber of the Civil Court of Cassation in case No. 344/5574/22! proceedings No. 61-3458св23 (EDRSRU No. 112691951)).