Registration of a child's place of residence requires the consent of both parents. However, it happens that due to bad relations, in particular after a divorce, one of the parents does not give the necessary consent. Such actions violate the rights and needs of the child. What to do in such a situation is explained by lawyers of the free legal aid system.
Why is registration of a child's place of residence necessary?
Registration of a child's place of residence in Ukraine is mandatory. Without it, it is impossible to receive social assistance, medical services provided by the state, enroll a child in kindergarten, school, and in the future, obtain a passport.
Within what time frame must the child's place of residence be registered?
A newborn child must be registered within three months of birth. In the event of a change of place of registration, parents have one month after moving from their previous place of residence to register the child at the new address.
How is the child's place of residence registered?
You can only register a child where the parents are registered. If the parents are registered in different places, when registering the child's place of residence, the written consent of the parent with whom the child will not live is required.
If the parents are not registered in their own home, then the owner's consent to register the child together with the parents is not required.
You can register your place of residence through:
- executive bodies of village, settlement, and city councils;
- administrative services center;
- a single state web portal of electronic services, including using the Portal Diya mobile application
What documents are needed:
- statement from one of the parents;
- parents' passports or identity documents;
- birth certificate;
- receipt for payment of the administrative fee;
- written consent of the other parent (if the parents are registered at different addresses).
What to do if one parent does not consent
If the mother or father refuses to consent to the registration of the child's place of residence, the situation can only be resolved through legal proceedings.
So you need:
- apply to the ASN with an application for registration of the child's place of residence;
- receive a refusal to register the child's place of residence;
- to file a lawsuit in court.
Since in this case the rights of the child are violated, assistance with going to court is available free of charge.
Children have the right to free legal aid, including when applying to court (for example, drawing up a statement to the court, representing interests in court). Based on Article 14 of the Law of Ukraine «On Free Legal Aid».
Assistance with applying to court for children in this case is provided through legal representatives - parents, adoptive parents, guardians, etc.
Example of help
Could not register the child due to lack of father's consent
To register her youngest son's place of residence, Kateryna applied to the Central Registration and Registration Center. But she was refused, because the child's father did not provide written consent. A lawyer from the BPD system prepared and submitted to the court an application for permission to register the child's place of residence without the father's consent. After submitting the application to the court, the child's father never got in touch. He also did not appear at the court hearing. The court granted the application and granted the appropriate permission, which will allow the child to be registered at the mother's place of registration.
More details here.
How to contact the BPD system