Legal issues of family law in conditions of armed conflict

Conditions of armed conflict can create difficulties in solving family law issues due to the destruction of customary institutions, violation of human rights and deterioration of the general state of security. Here are some legal issues that may arise in such circumstances:

Divorce: Armed conflict can complicate the divorce process, as it may require physical relocation of the parties or make it difficult to access judicial institutions. Also, with the destruction of the system of power and law and order, the lack of means to enforce court decisions can complicate the situation.

Custody: Conditions of armed conflict can create situations where children are left without parental care due to the death, disappearance or arrest of their parents. In these cases, local authorities or humanitarian organizations may intervene to ensure the custody of the children.

Adoption: In the context of armed conflict, the adoption process can be complicated due to the lack of law and order and the lack of documents confirming the status of the child and the ability of the biological parents to give consent for adoption. Humanitarian organizations and international institutions can mediate in such cases.

In these difficult circumstances, it is important that family rights remain at the center of attention and that all children and families caught up in conflict situations have access to legal aid and protection. Humanitarian organizations, international institutions and local authorities can play an important role in ensuring these rights.

1. Divorce:

Divorce procedure: In the conditions of hostilities, the divorce procedure can be complicated. According to Art. 18 of the Civil Code of Ukraine, a divorce can be registered in the bodies of the RAC by a joint application of the spouses or in court at the request of one of the spouses.

However, if one of the spouses is in a war zone or his location is unknown, the divorce can be registered in court under a simplified procedure. To do this, it is necessary to apply to the court for divorce and provide documents confirming the presence of one of the spouses in the war zone or his disappearance.

Deadlines for consideration of cases: Deadlines for consideration of divorce cases in the context of hostilities may be extended. This is due to the fact that courts may be overloaded with cases or some of them may not function in a war zone.

Documents required for divorce: The list of documents required for divorce may differ depending on whether it is processed in the RAC or in court.

Divorce without the consent of the second spouse: Divorce without the consent of the second spouse can be registered in court if there are certain grounds defined in Art. 19 of the Civil Code of Ukraine.

Alimony: During a divorce, the court decides on the issue of alimony for the maintenance of children.

2. Custody and care:

Determining the place of residence of the child: In case of divorce or separation of parents, the place of residence of the child is determined taking into account his interests and with the consent of the parents.

Change of guardian or custodian: Change of guardian or custodian can be carried out by a court decision in the cases specified in Art. 246 of the Family Code of Ukraine.

Contact with the child: Parents who do not live with the child have the right to communicate with the child and participate in its upbringing.

Protection of children's rights: The state takes measures to protect the rights of children affected by the armed conflict.

In armed conflict, the issue of custody of children becomes particularly important, as they may be left without parental care due to various circumstances, such as death, injury or separation from their parents due to flight, detention or loss of contact.

Key aspects to consider in the context of custody in conflict situations:

Ensuring the safety of children: Ensuring the safety of children is a priority, especially in conflict situations. This can include protection from direct threats such as violence and exploitation, as well as ensuring access to health care and education.

Search for biological relatives: In cases where children have lost a parent or are in danger, the first step is usually to search for relatives or other persons who can provide care. If this is not possible or unsafe, alternative forms of care may be involved, such as foster families or orphanages.

Legalization of custody: Determining the custody status of children in conflict settings may require special measures, as normal registration and documentation procedures may be complicated. Local and international organizations can play a role in legalizing custody and protecting children's rights.

Psychosocial support: Children who have survived conflict may need psychological and social support to overcome trauma and adapt to a new environment.

The overall goal is to ensure the best interest and welfare of the child, despite the complexity of the conflict conditions. For this, it is necessary to cooperate with local authorities, humanitarian organizations, international institutions and other interested parties.

3. Adoption:

Adoption procedure: The adoption procedure in Ukraine is regulated by the Family Code of Ukraine.

Adoption of children affected by armed conflict: There are certain peculiarities for the adoption of such children.

International adoption: International adoption is also possible in Ukraine, provided certain requirements are met.

Adoption is a legal act that establishes legal relations between the adopter (a person who wants to adopt a child) and a child with the rights of parents and children.

Who can adopt a child in Ukraine?

A person of legal capacity is not younger than twenty-one years of age, except when the adopter is a relative of the child.

The adopter can be a person who is older than the child he wishes to adopt, by at least fifteen years.

In the case of the adoption of an adult, the age difference cannot be less than eighteen years.

Both single persons and couples can adopt.

Adoption procedure:

Collection of documents: The candidate for adoption submits an application and a package of documents to the children's service at the place of residence.

Examination of living conditions: The Children's Service conducts an examination of the living conditions of the candidate for adoption.

Entry into the Unified State Register of Adopters: After successful completion of all stages, the candidate is entered into the Unified State Register of Adopters.

Choosing a child for adoption: The prospective adopter can familiarize himself with the questionnaires of children who can be adopted.

Court decision: The final decision on adoption is made by the court.