When agreement is (im)possible: family disputes involving military personnel

The number of family cases involving military personnel is growing, with the most common issues being divorce, division of joint property, alimony, deprivation or contestation of parental rights, adoption, establishment of guardianship, and cases related to domestic violence.

During an open discussion entitled «The military and the family: paths to understanding», held on October 17 at the initiative of the Association of Family Mediators of Ukraine, the chairman of the UNBA Committee on family law Larysa Gretchenko presented a report entitled «Family disputes involving military personnel: when agreement is (im) possible».

The advocate pointed out that martial law has significantly complicated the consideration of such cases and has raised the question of the balance between the rights of military personnel and the interests of the child before the courts. She cited examples of Supreme Court decisions stating that the mandatory suspension of proceedings due to the defendant's military service does not always correspond to the best interests of the child and, therefore, should be applied taking into account the specific circumstances.

The speaker focused separately on cases concerning the establishment of the fact of independent child-rearing. According to her, such a fact cannot be established in an indisputable manner or solely by agreement between the parents, since the issue concerns a change in the scope of parental rights and obligations and directly affects the rights of the child itself. Therefore, the legislator has determined that the relevant status can only be obtained by a court decision.

Among other problematic aspects, L. Gretchenko mentioned cases where family disputes appear to be artificial. For example, filing a lawsuit to determine the child's place of residence or adoption for the purpose of exemption from military service. In such cases, the Supreme Court qualifies the actions of the parties as abuse of procedural rights.

At the same time, according to the lawyer, the best alternative to protracted court proceedings is voluntary agreements. Therefore, mediation should always be used in conflicts where possible. However, this does not apply to cases where the law provides for mandatory judicial establishment of facts, such as determining the status of a «single mother» or «single father».