District court of the Sumy region (Ukraine) decided to leave the child with his mother
The child’s father appealed to the court to determine the child’s living place, calling court’s attention to the fact that the child grows up in the family of two women, which adversely affects his worldview, and the child is unable to communicate with his father and grandparents.
Also, the plaintiff pointed out that the mother of the child pays little attention to raising her son, leads him to a short-time kindergarten and he doesn’t eat there, he is not provided with a proper medical examination, the mother doesn’t have her own habitation and permanent income and throws parties in the apartment they live.
Human rights LGBT center “Nash svit” provided the legal assistance to the mother of the child in the document’s collection, material’s preparation for the court and the speech text at a court session.
The court was also provided with information from the pre-school educational institution “Solnyshko”, confirming that the child attends classes in the preschool educational institution(kindergarten) “Solnyshko” in the short-term stay, his physical and mental advancement are in concordance with the age of the senior preschooler and he comes dressed seasonally and tidy. His mother or grandmother bring and take him away, there is no aggression from them, the boy meets them with joy. Medical documentation was also provided, according to the documentation child is healthy, physically developed and doesn’t need to visit the speech therapy group in the kindergarten.
In the living conditions inspection report it was stated that the child lives in his own room of the rented two-room apartment on the first floor in the nine-storey building. The apartment has all the facilities. The child has his personal bed, a wardrobe, a lot of toys and he dressed seasonally. There are also a refrigerator, a laptop, a washing machine and a TV. Tutorship and guardianship authority provided their conclusion that there were no reasons to separate the child from his mother. The court after investigating the materials submitted that after the spouses began to live separately, the child lives with his mother has a complete custody of the children, takes care of his health and education.
Based on the results of consideration of all submitted documents the court decided to establish the living place of the child with his mother. Argumenting his decision, the court pointed to the case materials, where it was established that the child lives in the proper conditions, receives the proper medical care, studies at the preschool institution, he is allowed to meet his father and the defendant yielded consent to the father’s and child’s meetings.
As one of the legal grounds for the decision, the court referred to the Article 6 of the Declaration of the rights of the child, according to which a young child can’t be separated from his mother, except exceptional circumstances.
The decision of the court can be downloaded by the link http://www.reyestr.court.gov.ua