Grandmothers and grandfathers will be able to claim child support for grandchildren through the court without formal guardianship — bill

In Ukraine, changes are being prepared to the rules for collecting child support for children who are actually raised by their grandmothers or grandfathers. Bill No. 15350 has been submitted to the Verkhovna Rada, which proposes to grant grandparents the right to go to court with a claim for child support in the interests of their grandchildren even without formal guardianship or custody.

Why the rules for collecting child support are proposed to be changed

The authors of the bill note that due to modern socio-economic challenges and the consequences of the war, more and more children actually live with their grandparents, who provide for their maintenance and upbringing. At the same time, parents often do not provide adequate financial support, which violates the children's right to an adequate standard of living.

Currently, the Family Code does not define a clear mechanism that would allow grandparents to apply to the court with a demand for child support. Because of this, courts apply the legislation inconsistently, and persons who actually support the child face additional procedural difficulties. As a result, they are not always able to promptly protect the property interests of the grandchildren.

It is emphasized that such a legislative gap contradicts the principle of ensuring the best interests of the child. Due to formal legal obstacles, children may remain without proper financial support. The bill is designed to eliminate these shortcomings and make the mechanism for protecting children's rights more effective.

The document also takes into account modern judicial practice, according to which the actual circumstances of the child's residence and maintenance take precedence over the formal status of the legal representative. In addition, the proposed changes are intended to ensure access to justice for persons who actually care for children, as well as to reduce the burden on guardianship and custody authorities, since obtaining the relevant status will no longer be a mandatory condition. It is expected that this will also contribute to the formation of a unified and predictable judicial practice.

What bill No. 15350 proposes

The bill provides for amendments to the Family Code of Ukraine that will expand the opportunities for grandmothers and grandfathers to protect the rights of grandchildren to proper financial support.

In particular, it is proposed to amend Article 181 of the Family Code. Currently, the right to apply to the court with a claim for child support belongs to one of the parents or other legal representatives of the child, but after the law is adopted, this right will also be granted to grandparents with whom the child actually lives.

Furthermore, the document proposes to supplement Article 258 with new provisions. They provide that a grandmother or grandfather living with minor, underage, or adult disabled grandchildren will be able to apply to the court with a claim for child support regardless of whether guardianship or custody has been formalized over the child.

When considering such cases, the court will have to take into account the actual residence of the child with the grandmother or grandfather, as well as be guided by the principle of ensuring the best interests of the child.

The authors of the bill note that its implementation will not require additional expenditures from the State Budget.

It is expected that if the law is adopted, the protection of the property rights of children who are actually raised by grandparents will be strengthened. In addition, the changes should help reduce the number of cases of parents evading their obligation to support their children and ensure uniform approaches by courts when considering such cases.

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