Type of legal proceedings to determine the child’s place of residence and establish the relevant fact
On January 29! 2024! the Supreme Court! as part of the panel of judges of the Second Type of legal Judicial Chamber of the Civil Court of Cassation! in case No. 562/1008/23! proceedings No. 61-12946св23 (EDRSRU No. 116606823)! examined the issue of the type of judicial proceedings regarding the determination of the child’s place of residence.
According to Part One of Article 293 of the Code of Civil Procedure of Ukraine
Separate proceedings are a type of non-contentious civil telegram data proceedings in which civil cases are considered to confirm the presence or absence of legal Type of legal facts that are important for the protection of the rights! freedoms and interests of a person or to create conditions for the exercise of personal non-property or property rights by him or to confirm the presence or absence of indisputable rights.
Clause 5 of Part Two of the said Article what do ceos criticize marketers for? provides that the court shall consider! in a separate proceeding! a case on establishing facts of legal significance.
According to the content of part two of Article 315 of the CPC of Ukraine
Facts on which the emergence! change or termination of personal or property rights of individuals depends may be established in court! unless the law provides for another procedure for their establishment.
The judge refuses to open proceedings in a case if a dispute about the aol email list right is apparent from the application for establishing a fact of legal significance ! and if a dispute about the right is discovered during the consideration of the case! he leaves the application without consideration (part four of Article 315 of the CPC of Ukraine).