THE RIGHT TO CONTACT AND COMMUNICATION WITH THE CHILD AT SEPARATION PARENTS
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 3, Issue
Abstract
This article investigates to the mechanism of communication and contact with child in the separation of parents identify theoretical and practical problems with the implementation of this right. This article analyzes the forms and methods of protecting the right to communication and contact with the child. The right to contact and communicate with the child provided a number of regulations and conventions ratified by Ukraine. The concept of the right to contact disclosed in the Convention on contact with children 2003, Ukraine adopted in 2007. National law gives parents the opportunity to sign a contract for the implementation of parental rights and duties to those who does not live with child. In this agreement persons may decide many important moment for them: the frequency of meetings with the child, their duration, the presence of third persons in communicating. But very often mothers of minor children object to personal contact with the father of the child or require that it happened in their presence. There are numerous cases of antagonizing the child against the father when the rule of law is violated and the person intentionally interferes in communication with the father of a minor child. The law provided for administrative and judicial procedures to protect rights of access of the parent who does not live with the child. The protection of family rights is the guardianship and custody. If any of the parents do not agree with the decision of the guardianship authority on this issue, such a decision may be appealed in court. But the resolution of the dispute regarding contact with the child in court can only deepen the conflict situation between the parents. In this sense, mediation appears necessary and most appropriate way to settle disputes in this category. It should be noted that family mediation is one of the first and most common types of mediation abroad.
Authors and Affiliations
Н. М. Гресь
Keywords
Related Articles
- EP ID EP470309
- DOI -
- Views 106
- Downloads 0
FEATURES OF LEGAL REGULATION OF LEGISLATION OF UKRAINE TO PROTECT THE RIGHTS OF FOREIGNERS AND STATELESS PERSONS
This article is devoted to analysis of legislation of Ukraine to protect the rights of foreigners and stateless persons. Thus foreigners recognized as citizens permanently or temporarily residing or staying in Ukraine be...
RESIDENTIAL BURGLARY AS A SYSTEM MANIFESTATION OF SOCIAL REALITY
In today’s conditions of development of Ukraine as a democratic sovereign power, the state is obliged to fulfill its functions to preserve the rights and freedoms of law-abiding citizens of the society. The Constitution...
PROBLEMS OF COMPLICITY IN WAR CRIMES
The article considers the issues of complicity in crimes against the established order of military service (war crimes) defined objective and subjective signs of complicity with the special subject, analyzed scientific a...
STATE AND PROSPECTS OF THE UKRAINIAN INSTITUTE OF STATE SYMBOLS
The problems of the law on the use and protection of the state symbols of Ukraine have been analyzed. State symbols perform socio-political and representational functions that are important for its further existence. The...
LEGAL ASPECTS OF IMPLEMENTATION OF SOCIAL DIALOGUE SETTLING COLLECTIVE LABOR DISPUTES (CONFLICTS)
The article is devoted to defining the legal aspects of the social dialogue in resolving collective labor disputes (conflicts) in general and at national level between the joint representative body of national representa...