Children have been living with their father for more than 3 years by their own choice – why the court refused to determine their place of residence with him
The Hoshcha District Court of Rivne Region considered a civil case filed by the mother, acting in the interests of the father, against the mother of the children regarding the determination of the place of residence of the minor children.
Circumstances of the case No. 557/1453/25
The plaintiff, acting in the interests of the father of the children, applied to the court with a demand to determine the place of residence of two minor sons with the father. The parties were married on October 8, 2016, and the marriage was dissolved by the decision of the Hoshcha District Court dated October 28, 2025. Two children were born during the marriage.
The plaintiff indicated that the parents have been living separately for more than three years, the children actually live with the father and his parents, the father fully supports the children and creates proper conditions for their development and upbringing. The mother lives separately, rarely visits the children, and does not provide them with financial support.
The defendant (mother of the children), in her response to the claim, partially acknowledged the demands, stating that during the school year she agrees that the children live with the father, and during the summer holidays – with her. The guardianship and care authority of the Hoshcha settlement council provided a conclusion on the advisability of the children living with the father. During the court hearing, the children expressed a desire to live mainly with the father.
What the court decided
The court refused to satisfy the claim to determine the place of residence of the children.
The court established that there is no real dispute between the parents regarding the place of residence of the children, as they have actually reached an agreement for the children to live with the father. The father filed the claim prematurely, without the presence of any violation, denial, or contestation of his rights by the mother.
The court notes that filing a claim must be preceded by a dispute between the parents regarding the child's place of residence, and the parent who applies to the court must prove that the parents cannot reach an agreement on the child's place of residence and that a dispute exists between them on this matter.
The court's decision may be appealed to the Rivne Court of Appeal within thirty days from the date of its announcement.
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