Participation of grandparents in upbringing of grandchildren

Extracts for legal literacy News

Often there are controversial situations between the mother/father of the child and his grandmother/grandfather on issues of child education, leisure activities, making plans for the future, etc. Such disagreements can lead to disruptions in the “harmonious” life process of the child, and, as a rule, of the family as a whole.

Responsibility for children, first of all, rests on the shoulders of their parents (or those who replace them). They have a priority right over other persons to the personal upbringing of the child. Parents are obliged to take care of his health, physical, spiritual and moral development. (Articles 150, 151 of the Family Code of Ukraine as amended in the territory of the DPR). However, the parents or other persons with whom the child lives do not have the right to hamper in the exercise by the grandmother, grandfather, great-grandfather, great-grandmother of their rights regarding the upbringing of grandchildren, great-grandchildren. The right of grandparents to participate in the upbringing process is enshrined in Article 257 FC of Ukraine.

In cases where the above obstacles exist, disputes regarding the participation of the grandmother, grandfather, great-grandmother and great-grandfather in the child upbringing are resolved in court.

The court may determine the ways of participation of these persons in the child upbringing (periodic or systematic visits, the possibility of joint recreation, the child’s visit to their place of residence), the place and time of communication.

It should be separately noted that the grandmother, grandfather, great-grandmother and great-grandfather have the right to communicate with the grandchild, regardless of what kind of relationship the child’s parents are in. Neither divorce nor the death of one of the parents can prevent them from taking part in the upbringing of their grandson (granddaughter).

It should also be noted that in Article 171 of the FC of Ukraine enshrines the right of a child to express his opinion to the court when considering a dispute regarding the participation of relatives in his upbringing, place of residence.

In addition, there are also pre-trial ways to resolve certain family disputes.

So, one of the main tasks of the department (sector) for Family and Children Affairs of city, district in cities, district administrations is to carry out socio-preventive work aimed at preventing difficult life circumstances of families, children and individuals.

Thus, taking into account the assigned tasks, this body, inter alia, takes all possible measures to improve the climate in families.