Determining the child’s place of residence

Who the child lives with is the most sensitive question in family disputes. The law gives neither parent an advantage: the decision is taken on the basis of the child’s interests and the particular circumstances.

When to get in touch

• the parents cannot agree who the child will live with
• one parent has changed the child’s place of residence unilaterally
• the other parent’s involvement in upbringing needs to be settled
• circumstances have changed and an earlier decision should be reviewed

What the lawyer does

• builds the evidence on living conditions and the child’s bond with each parent
• prepares the application to the guardianship authority or the claim to court
• represents the client in a dispute under Article 161 of the Family Code
• responds to a unilateral change in the child’s place of residence (Article 162)
• works out the schedule for involvement in upbringing and contact
• handles enforcement of the decision

Legal basis

The place of residence of a child under ten is determined by agreement between the parents, and of a child aged ten or over by joint agreement of the parents and the child; where the parents live apart, a child aged fourteen or over determines their place of residence themselves (Article 160 of the Family Code of Ukraine). A dispute between the mother and the father over the residence of a child under fourteen is resolved by the guardianship authority or by the court, taking into account the parents’ attitude to their parental duties, the child’s personal attachment to each of them, the child’s age and health, and other material circumstances (Article 161); the consequences of a unilateral change in the child’s place of residence are governed by Article 162.

Legislation and case law are updated over time; this page reflects the position as of October 2026.

Frequently asked questions

Does either parent have an advantage by default?

No. The law proceeds from the equality of the parents; what is decisive are the child’s interests and the actual circumstances, assessed by the guardianship authority or the court.

Is the child’s own view taken into account?

Yes. From the age of ten, the child’s place of residence is determined by joint agreement of the parents and the child, and from fourteen, where the parents live apart, the child determines it themselves (Article 160 of the Family Code). In a dispute over a child under fourteen, the guardianship authority or the court considers, among other things, the child’s personal attachment to each parent and the child’s age (Article 161).

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