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.
Initial Data: The client filed a lawsuit for divorce and determination of the children's place of residence. A third party in the case is the guardianship and custody authority – the executive committee of the Zhovkva City Council of the Lviv District, Lviv Region.
Case Issues: The main issue in the case was not only the legal dissolution of the marriage but also determining the children's place of residence, one of whom has a Group 2 disability since childhood. Additionally, it was necessary to protect the mother's rights, ensure the proper fulfillment of parental duties by the defendant, and safeguard the children's interests.
Defense Actions:
- The client's attorney developed a detailed case strategy, which included:
- Preparation and filing of a divorce lawsuit.
- Documentation confirming the children’s residence with the mother.
- Obtaining a guardianship and custody authority’s conclusion regarding the appropriateness of leaving the children with the mother.
- Justification of the necessity for the father's financial support for the children after the divorce.
- Defending the client’s interests in court and presenting evidence of her ability to provide adequate living conditions for the children.
Outcome of the Court Process
Thanks to the professional actions of the attorney, the court ruled:
To dissolve the marriage registered on July 22, 2017, by the Zhovkva District Civil Registry Office.
To determine the children's place of residence with the mother.
To obligate the defendant to financially support the children.
Attorney’s Role
The client sought legal assistance at an early stage, allowing the attorney to build a strong legal defense. The specialist not only prepared all necessary documents but also assisted in communication with the guardianship authorities, significantly strengthening the client’s position in court.
Due to the attorney’s professional work, potential risks were minimized, and procedural delays were avoided. Their expertise in family law and ability to effectively argue the client’s position led to a favorable outcome.
Legal Aspects of Divorce and Determination of Children's Residence
Grounds for Divorce
- According to the Family Code of Ukraine, a marriage can be dissolved in cases of:
- Mutual consent of spouses without children (through the Civil Registry Office).
- Presence of minor children – only through the court.
- One spouse refusing to consent to the divorce.
Determination of Children's Residence
- When determining the child's residence after divorce, the court considers:
- The child's age and needs.
- The financial and social status of the parents.
- The emotional bond between the child and each parent.
- Conclusions from the guardianship and custody authority.
The Role of an Attorney in Family Cases
Legal assistance in such cases includes:
- Preparation of lawsuits and necessary documentation.
- Court representation and defense of the client’s interests.
- Interaction with guardianship authorities.
- Protection of children's rights and initiation of child support claims.
A professional attorney plays a key role in family cases. With the right legal strategy, one can not only achieve a divorce but also ensure comfortable conditions for the children after separation. In this case, the attorney secured a successful outcome, protecting the client’s and her children's rights.
