RIGHTS AND INTERESTS OF ONE OF THE PARENTS LIVING SEPARATELY FROM THE CHILD AS A SUBJECT OF PROTECTION IN CIVIL PROCEEDINGS

Abstract

The article is devoted to the analysis of the rights and obligations of a father or mother living separately from a child as a subject of protection in civil proceedings. Referring to the regulatory legal acts, namely the Family Code of Ukraine and the Law of Ukraine ‘On Protection of Childhood’, the author lists the subjective non-property rights and obligations of parents living separately and parents in general. A superficial analysis of problematic issues in cases related to the protection of the rights and interests of one of the parents living separately from the child is made. In addition, when studying the subject matter of cases involving the removal of obstacles to communication and upbringing of a child, determination of the manner of a parent's participation in communication with and upbringing of a child, the author provides examples of violation of the rights and interests of a parent living separately from a child from case law. The author takes into account cases that are not limited to the adoption of a court decision of the first instance and, given the competitiveness of the parties in this matter, end with the adoption of resolutions of the Supreme Court of Ukraine.

The author identifies the most common list of rights for the protection of which parents apply to court, namely, removal of obstacles to communication and upbringing of a child, exercise of the right to contact with a child and receipt of information about the child's health status. Accordingly, the right to protect the interests of a parent living separately from the child is exercised. In addition, I would like to note that the removal of obstacles to communication and upbringing of the child caused by the parent living with the child is the most common claim in the relevant court cases. Another common factor is a conflict between parents, which additionally affects the exercise of parental rights and interests.

Analysing the legal literature, it is noted that the personal non-property rights of parents and children are universal and are exercised exclusively in the interests of the child.