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

What the guardianship authority and the court take into account

• the parents’ attitude to performing their parental duties, the child’s personal attachment to each of them, the child’s age and state of health, and other circumstances of material significance (part 1 of Article 161 of the Family Code)
• a child may not be placed to live with a parent who has no independent income, abuses alcohol or drugs, or whose immoral behaviour may harm the child’s development (part 2 of Article 161)
• if neither parent can provide proper conditions for the child’s upbringing and development, the child may be placed with a grandparent or another relative involved in the case, at their request (part 3 of Article 161)
• the guardianship authority must take part in court proceedings: it submits a written opinion based on an inspection of the living conditions of the child and the parents and on other documents. The court may disagree with the opinion if it is insufficiently reasoned or contrary to the child’s interests (parts 4–6 of Article 19)

Involvement of the parent who lives apart

• the parent who lives apart from the child must take part in the child’s upbringing and has the right to personal contact with the child; the parent with whom the child lives may not obstruct this, provided the contact does not hinder the child’s normal development (parts 2 and 3 of Article 157)
• the parents may conclude an agreement on how the parent living apart exercises parental rights and performs parental duties – in writing, certified by a notary (part 4 of Article 157)
• on the application of the mother or father, the guardianship authority determines how the parent living apart is to be involved in the child’s upbringing and contact; its decision is binding (Article 158)
• where obstacles are created, including by failing to comply with the guardianship authority’s decision, a claim to remove the obstacles may be brought in court. The court sets the forms of involvement (periodic or regular meetings, holidays together, the child visiting the parent’s home and so on) and the place and time of contact and, in some cases where the child’s interests so require, may make meetings conditional on the presence of another person (parts 1 and 2 of Article 159)
• if the parent with whom the child lives evades compliance with the court decision, the court may, on the application of the parent living apart, transfer the child to live with that parent (part 4 of Article 159)

If the child has been taken without consent

If a parent or another person changes the place of residence of a child under fourteen unilaterally, without the consent of the other parent or of the other persons with whom the child lived under the law or a court decision, including by abducting the child, the court may, on the claim of an interested person, immediately order that the child be taken back and returned to their previous place of residence. The child is not returned only where living at the previous place of residence would pose a real danger to the child’s life and health, or circumstances have changed so that return would be contrary to the child’s interests. A person who has unilaterally changed the child’s place of residence must compensate the material and moral damage caused (Article 162).

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. Mothers and fathers have equal rights and duties towards their child, whether or not they were married to each other (Article 141); the involvement of the parent living apart is governed by Articles 157–159, and the participation of the guardianship authority by Article 19.

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

Do we have to apply to the guardianship authority first?

No. Applying to the guardianship authority first is a right, and it does not take away the right to go to court; once a claim is filed, the authority stops considering the application (parts 1 and 3 of Article 19 of the Family Code). The authority’s decision is binding if no one applies to the court within ten days of it being made (part 2 of Article 19).

What if the other parent will not let me see the child?

You can apply to the guardianship authority to set the forms of involvement in upbringing and contact, or bring a claim in court to remove the obstacles (Articles 158 and 159 of the Family Code). A person who evades compliance with such a decision must compensate the material and moral damage caused (part 2 of Article 158 and part 5 of Article 159).

Can a child be taken abroad without the other parent’s consent?

If the child’s place of residence has been determined by a court decision or confirmed by an opinion of the guardianship authority, the parent with whom the child lives may decide alone on the child’s temporary travel abroad for up to one month – for treatment, study, recuperation, holidays, competitions and other purposes listed in the law. This does not apply to a parent against whom measures are being taken to enforce a decision on arranging meetings with the child and removing obstacles to such meetings. The other parent, if their place of residence is known and they properly perform their parental duties, is notified by registered letter. For a longer period – if the other parent has arrears of maintenance, confirmed by a certificate, exceeding the payments due for four months (for certain categories of children, three months) (part 5 of Article 157). Separate rules on crossing the state border also apply and should be checked for the date of travel.

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