YURYST & ZAKON ( issue 46), a publication of LIGA:ZAKON, published an article by Oleksandra Bilyk, an associate with the Firm, titled «Determining child's place of residence with the father. Is it possible?»

The article analyses court judgments made in disputes between parents concerning the determination of a child's place of residence if parents are separated.

The author emphasizes that in deciding disputes between parents concerning a minor's place of residence, Ukrainian courts often give preference to the mother. The courts are inclined to decide in favour of the father in determining child's place of residence only in cases where there are exceptional circumstances making living with the mother clearly contrary to the child's best interests.

The author also cites the ECHR judgment made in the case of M.S. v. Ukraine (2017) where the ECHR found that such practice is erroneous, and thus opened an avenue to decisions in favour of fathers, taking into account the equality of rights and responsibilities of each parent concerning their children and the best interests of the child.

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