Neofelis

Family disputes

Solving complex and running cases



Professionals of the Neofelis Law Group understand that each family case is strictly individual. Our experts understand the need, above all, to resolve the most critical aspects of family conflict in order to minimize the possible costs of the parties to the dispute.

Family practice of JSC “NEOFELIS” includes the following services:

  • Divorce

It would seem that love will be eternal and not overcome, but not always everything happens that way. Different lifestyles, views and other reasons can lead to a desire to end a marital relationship and break up. It is not always possible to solve everything peacefully, because there is something that is not wanted or impossible to share – children together, a house, a car and so on. In such cases, everything can be resolved only in court.

It would seem that love will be eternal and not overcome, but not always everything happens that way. Different lifestyles, views and other reasons can lead to a desire to end a marital relationship and break up. It is not always possible to solve everything peacefully, because there is something that is not wanted or impossible to share – children together, a house, a car and so on. In such cases, everything can be resolved only in court.

There are three ways to divorce a court.

First, in the general order by filing a statement of claim at the registered place of residence of the person filing such an application, or by agreement of the spouses for the place of residence of another of them. When filing a divorce application, one should be careful, because there are cases in which the court may not consider such an application. In addition, it is necessary to provide proof of the impossibility of further cohabitation of the spouses and that the preservation of the marriage would be contrary to the interests of one of them and the interests of the children.

Secondly, in the order of simplified proceedings. The prerogative of such proceedings is a maximum 60-day period for consideration of the filed statement of claim from the moment the court opens the proceedings. To this end, in the text of the statement of claim itself or by sending a separate petition, the court should be notified of the desire to consider the application in a simplified procedure.

Thirdly, in a separate proceeding, which is optimal for those spouses who have already decided on which of them their joint children will live with and the procedure for participation in the upbringing of the child. To this end, an agreement must be made between the spouses to determine which of the children will live with them, which of the parents living separately will take part in ensuring their living conditions, and the conditions for exercising their right to personal upbringing. Such an agreement must be notarized. The decision to divorce on the basis of an application filed in a separate proceeding, the court makes after one month.

  • Division of jointly acquired property of the spouses

    The division of the joint property of the spouses may be carried out both after the divorce in court in the presence of a dispute between them, and during the existence of the marriage, in the process of its dissolution.

    Family law stipulates that the property acquired by the spouses during the marriage belongs to the wife and husband on the right of joint joint ownership, regardless of the fact that one of them did not have self-employment (income) for a good reason. Therefore, as a general rule, it is considered that every thing acquired during the marriage is the object of the right of joint joint ownership of the spouses. In this regard, traditionally, each spouse tries to hide the property acquired during the marriage and cohabitation of the spouses, and at the same time to expose all possible income and other property of the other spouse.

    At the same time, family law operates on the concept of personal private property of the wife, husband, which means property that does not belong to the joint joint property of the spouses and is not subject to division between the spouses.

    The line between jointly acquired and private property of one of the spouses is very thin, and the case law on this issue is quite ambiguous. Therefore, in this category of cases without the qualified assistance of a lawyer can not do.

    The task of a lawyer representing the client’s interests in the division of joint property of the spouses is to prevent the division of the client’s personal property acquired during marriage or cohabitation without marriage registration, and to ensure a proportionate division of property acquired by the spouses during marriage ( including civilian).

  • Determining the place of residence of children

Parents have the right to contractually resolve the issue of the exercise of parental rights of each of them in the process of raising children, including the determination of the place of residence of children.

If the parents do not agree on determining the child’s place of residence (which usually happens), the dispute between them can be resolved by the guardianship authority. To this end, it is necessary to apply to the district, district in the cities of Kyiv and Sevastopol state administration, the executive body of the city, district in the cities, village, settlement council. The local guardianship authority, which will schedule a meeting of the commission, will summon both parents, interview them, assess other circumstances and make an appropriate decision.

However, even if the guardianship authority issues a decision in your favor, this does not guarantee that such a decision will not be challenged in court. As a result, most clients immediately want to decide whether to determine the child’s place of residence in court.

Going to court is the key to proving that you are responsible for your parenting responsibilities; you have the opportunity to ensure the conditions of proper living and upbringing of children and other circumstances that would indicate that you ensure the best interests of the child. Be prepared for the fact that the other spouse may compromise you.

In addition to the need to prove your ability to ensure the proper development and living conditions of the child, you will also need to follow all the necessary procedural points, because even if the court of first instance rules in your favor, it can easily be revoked by the appellate court.

Legal assistance of a lawyer in this category of cases is indispensable, because in the struggle to determine the child’s place of residence without qualified legal assistance can not do, and any independent actions may lead to a court decision not in favor of the person entitled to take full participation in the upbringing of their own child.

  • Obtaining permission for children to travel abroad in court

After a divorce, or the termination of a de facto family relationship, a dispute may arise between parents who have children over permission for one of them to travel with the child abroad to Ukraine unaccompanied by the other parent. Such disputes often arise when the parent with whom the child lives intends to go abroad to Ukraine for permanent residence, or intends to travel regularly with the child for rest and treatment abroad.

Current legislation stipulates that children under the age of sixteen may travel outside Ukraine with their parents or one of them. Minors are allowed to cross the state border under the supervision of a guardian or trustee. Parental consent allows children to travel to another country with an accompanying person.

Often one of the parents who divorced their ex-spouse is worried about whether they will have to seek their father’s permission to travel abroad.

Today, a parent with whom the child lives permanently can go abroad with the child for up to 1 month. This is possible if it has been previously made:

court decision on permanent residence of the child with his mother or father;

the decision of the guardianship authority to confirm the child’s place of residence with the mother or father.

Thus, if a court decision determines the place of residence with one of the parents or the guardianship authority confirms the child’s residence with one of the parents, the latter has the opportunity to go abroad with the child without the permission of the other parent. Similarly to determining the child’s place of residence with one of the parents, your ability to ensure the proper development and living conditions of the child, the best interests of the latter, must be proven.

  • Recovery of alimony

It is not uncommon for one spouse to refuse to take part in the upbringing of their own child and to pay child support. In such cases, the issue of alimony payment must be resolved in court.

The parent with whom the child lives has the right to sue. In this case, child support is awarded either as a share of earnings or in the form of a specific amount.

Today, national law establishes two procedures for recovery of alimony through the courts. Firstly, through the usual full-fledged court proceedings on the recovery of alimony and, secondly, in a simplified manner – injunctive proceedings.

Recovery of alimony in injunctive proceedings is that the court does not summon the collector and the payer of alimony to court, there are no court hearings. The alimony collector submits a relevant application to the court, to which he attaches evidence of the child’s presence and residence with the debt collector. The court, having checked the submitted documents, issues a court order, which indicates the recovery of child support for the child or children. Such a court order is an executive document that is subject to execution by the state executive service at the place of residence or place of work of the alimony payer. This is the fastest way to collect alimony. However, alimony can be collected only in the amount clearly defined by law.

However, if the alimony collector wishes to receive a larger amount of alimony than the one he would have received in the order proceedings, then in such a case such a person should apply to the court with a statement of claim in the general order. In this case, you will be able to determine not only the amount of alimony, but also the method of recovery.

  • Establishing and challenging paternity in court

Establishment of paternity in Ukraine is carried out in court on the basis of the evidence provided. This is provided by the Family Code of Ukraine and can be implemented by filing an application to the court.

Establishment of paternity is carried out as follows: in the bodies of registration of civil status – the basis is the voluntary consent of both parents (for persons living in an informal marriage); at the request of the child’s father, who is not married to his mother (at the time of birth); in accordance with the decision of the court. And only when there is no voluntary consent of one of the child’s parents there is a need to establish paternity in court.

In order for paternity to be recognized by a court, it is necessary to provide comprehensive information that will confirm the fact of cohabitation of the child’s parents in the absence of the marital relationship between them recorded in the Registry Office. These include witness statements, joint photos, personal correspondence, documents proving the conduct of general life.

The main tool of proof is forensic molecular genetic examination, which can be passed voluntarily or compulsorily – at the request of the court.

Cases of disputing paternity are not excluded, because, as a rule, the birth of a child for her parents is a way of procreation. When a father has doubts about the biological origin of a child, and even more so if the child’s origin from another husband is obvious and not denied by the wife, not every man will take up such a child. As a result, a paternity challenge procedure is initiated.

Both for establishing paternity and for challenging it, it is important to conduct a molecular genetic examination, which eventually becomes key evidence.

Paternity disputes require the plaintiff and defendant to spend a lot of time, nerves and effort, the value of which cannot be measured in money. Neofelis Lo Group’s lawyers will help you avoid many difficulties, gather the necessary documents, file and file a lawsuit, and represent the client’s interests in court.

  • Deprivation of parental rights and determination of the child’s place of residence

Deprivation of parental rights is an extreme measure applied to parents who do not systematically fulfill their parental responsibilities, abuse alcohol or drugs, or have been convicted of a crime against a child. The initiator of such a procedure can be not only the second parent, but also other relatives and competent authorities.

Deprivation of parental rights from a legal point of view is a rather complicated procedure, as it involves not only the moral component of the process, but also the evidence that must be provided to the court to obtain a positive decision. Lawsuits of this kind concern many laws and regulations, which are almost impossible to understand on their own. Consideration of cases of deprivation of parental rights without the participation of a competent lawyer in most cases will be futile.

It should be understood that the processes involved in the deprivation of parental rights take place with the participation of guardianship authorities. The claim is considered by the court, first of all, from the side of ensuring the interests of the child.

The participation of a lawyer in a lawsuit allows children to retain numerous property and personal rights, including inheritance rights.

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Our Bar Association aims to resolve family disputes with minimal losses for our client and the most effective result. Neofelis Law Group specialists have extensive experience and advanced technology to quickly solve our clients’ problems. Every legal precedent has many nuances that our lawyers take into account in their work. We will help to find “hidden” property, establish paternity, divide corporate rights, protect the rights of children and their parents, collect alimony from disadvantaged payers, as well as resolve international family disputes.

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