Publication date: 03.04.2025
My name is Lika Shvetsova, I am a lawyer from Katowice, Poland. Key areas of law are civil, commercial, administrative and private international law. I provide the option of conducting cases in English and Arabic, e-commerce support.
Situation Description: The client approached the lawyer for assistance in filing a lawsuit in the Malinovsky District Court of Odessa, with the involvement of a third party — the Guardianship and Custody Authority of the Malinovsky District Administration of the Odessa City Council. She asks the court to dissolve her marriage with the defendant and allow her to keep her minor son with her.
The claimant has been married to the defendant since 17.10.2009, which was registered in the Odessa City Department of Justice (record number 1424). During their marriage, they had a son. The client states that further cohabitation with her husband has become impossible due to lack of mutual understanding, differing views on family life, responsibilities, and household management. She also clarifies that there is no dispute over property, but the issue of leaving the child with the mother is the main subject of the lawsuit.
The client approached the lawyer to prepare a claim and provide necessary legal consultations for a successful court resolution of the case.
Task for the lawyer:
Check the possibility of divorce:
It is necessary to analyze the grounds for divorce and the possibility of leaving the child with the mother, considering the evidence of poor relations and unwillingness for further cohabitation.
Collecting the necessary documents and evidence:
Collect all documents that confirm the marriage, birth of the child, and lack of joint property. Also collect testimonies about the living conditions of the couple and their relationship.
Filing the claim in court:
Prepare a lawsuit for divorce and to leave the child with the mother, as well as the collection of court fees from the defendant.
Decision and Recommendations:
- Grounds for divorce:
According to Ukrainian legislation (Family Code of Ukraine), a marriage can be dissolved by court decision if the spouses cannot live together due to lack of mutual understanding, differences in views on family life, or other significant reasons. In this case, the claimant states that cohabitation became impossible due to different views on family responsibilities and lack of mutual understanding. - Leaving the child with the mother:
Based on the best interests of the child, the court usually makes a decision for the minor children to live with the mother unless proven otherwise. In this case, the claimant requests to leave the child with her as she is the primary guardian.
Case Result:
- The marriage, which was registered on 17.10.2009 in the Odessa City Department of Justice, record number 1424, was dissolved.
- After the divorce, the minor son was left to live with the mother, ОСОБА_1.
- A procedure was established for the implementation of the decision, which, after gaining legal force, will serve as a basis for entering the information into the State Civil Registration Act Register and marking the record about the dissolution of the marriage, with the claimant's surname retained.
- The court fee of 2147.20 UAH was charged from the defendant in favor of the claimant.
Recommendations for the client:
Prepare all necessary documents and evidence for filing a divorce claim and determining the child's place of residence. If the claim is granted by the court, the claimant will receive a divorce, and the child will remain with the mother.
Legal assistance involved preparing a claim for divorce and determining the child's place of residence, which successfully achieved the desired result for the client. Thanks to the properly drafted claim and collected evidence, the court ruled in favor of the claimant, ensuring stable conditions for the future life of the mother and child.
