Family disputes

Protection of a child’s property (prohibition of certain actions or obligation to perform specific actions).

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  • Protection of a child’s property (prohibition of certain actions or obligation to perform specific actions).

Protection of a child’s property in Kharkiv constitutes legal assistance focused on safeguarding the property rights and interests of a child through the prohibition of specific actions or the imposition of obligations to perform legally prescribed actions concerning the preservation, use, or disposition of the child’s property.

We provide comprehensive legal support at all stages:

  • Preparation of legal documents

    A lawyer examines circumstances related to a child’s property, existing title documents, and potential risks of infringement, and prepares legally grounded applications, submissions, or claims aimed at protecting the child’s property, including the prohibition of specific actions or the imposition of obligations to perform actions defined by law.

  • Legal assessment of violations

    A legal assessment is carried out of the actions or omissions of parents, guardians, or other individuals concerning the use, management, or disposition of a child’s property, along with an evaluation of the legal grounds for imposing restrictions or obligations aimed at safeguarding the child’s property interests.

  • Legal support in filing claims

    A lawyer ensures the accurate and timely filing of applications, motions, or claims with the court or guardianship and custody authorities, oversees their consideration, and monitors compliance with procedural deadlines in matters related to the protection of a child’s property.

  • Post-hearing protection of interests

    Following the case review, a lawyer advises on subsequent steps, oversees the enforcement of court decisions imposing restrictions or obligations concerning the child’s property, and, where necessary, ensures ongoing legal protection of the child’s interests.

A consultation on the protection of a child’s property is a legally grounded process aimed at safeguarding the child’s property rights and legitimate interests in situations where there is a risk of their violation by parents, guardians, or other persons. Situations involving the unlawful alienation of a child’s property, its use or disposal without the consent of guardianship authorities, attempts to conceal assets, or otherwise infringe upon the child’s property rights may lead to serious legal and financial consequences. Therefore, timely legal consultation is essential for properly assessing the circumstances of the case and determining effective protection measures, including the prohibition of certain actions or the imposition of obligations to perform actions prescribed by law.

By seeking legal consultation on the protection of a child’s property, you receive a professional analysis of your situation, a clear definition of the rights and obligations of the parties, and a thorough understanding of the next steps. A lawyer reviews title documents related to the property, the actions of the child’s legal representatives, relevant judicial practice, available evidence, and potential risks, forming a well-founded legal position for обращения to the court or guardianship authorities with requests to prohibit certain actions or impose obligations to preserve the child’s property.

Each case concerning the protection of a child’s property is handled individually, taking into account specific life circumstances, the interests of the child, and current judicial practice. The purpose of the consultation is to ensure legal certainty, effective protection of the child’s property rights, and the client’s confidence in the chosen legal strategy.

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Our cases

Termination of parental rights

Enquiry:

His father, a businessman, did not want to be formally deprived of his parental rights and refused to pay child support. He participated in the proceedings through a solicitor and contested the claim.

What we do:

  • A series of reports were prepared and submitted to law enforcement and tax authorities to substantiate the illegal income schemes.
  • We conducted negotiations and ensured that the notarised documents were signed.
  • They drew up a legal strategy and succeeded in getting the father to admit the claim in court.

Result:

The court stripped him of his parental rights, and the child was placed in the care of a guardian who genuinely looks after her.

Case concerning the dissolution of a marriage registered in the UAE

Enquiry:

Such divorces are considered the most complex due to the possibility that the laws of a foreign country may apply, or because it may not be possible at all to hear the case in a Ukrainian court. The wife (our client) wished to divorce her foreign husband, with whom she had several children, all born and registered in various Arab countries. The marriage was registered in the UAE. Ukrainian courts require the original marriage certificate and retain it in the case file, but we did not have the original of this document. The couple had previously lived together in a foreign country, and under international law it was possible to apply the law of a foreign (Arab) state, which the husband sought to do in order to take the children.

What we do:

  • A court in Poltava refused to open proceedings due to the absence of the original marriage certificate and other objections regarding the lack of jurisdiction of the Ukrainian court over the case.
  • We filed for divorce at one of the courts in Kharkiv, having previously had two other cases on behalf of the client heard at the same court (concerning maintenance and determining the children’s place of residence with their mother) and won them.

Result:

We secured a court ruling granting a divorce without the original marriage certificate and in the absence of the respondent (the husband), obtained child support from the father, and established that the child would live with the mother.

Case concerning the termination of parental rights and adoption

Enquiry:

The client lived in a district town and sought to have the father’s parental rights terminated, as he had been absent from the child’s life for many years – he had not been in contact and had provided no support. However, the local child welfare service in that town was sympathetic to the father because they knew his family, who did not want their son to have his parental rights terminated, claiming it would be ‘a disgrace to the whole town’. The local child welfare service refused to assist, and so there was virtually no chance of winning the case in the district court.

What we do:

  • they registered the client in Kharkiv and enrolled her child in a school in Kharkiv; they brought the case before one of the courts in Kharkiv and also involved the Child Welfare Service in Kharkiv,
  • we received a favourable opinion from the Child Welfare Service regarding the appropriateness of terminating the child’s father’s parental rights, and we also obtained a court ruling in our favour,
  • The next step, also in one of the courts in Kharkiv, was the adoption of the child by the client’s husband.

Result:

The child’s ‘legal father’ was his wife’s husband, who had in fact already been fulfilling the role and duties of a father.