Judgment of the Supreme Court on the cassation complaint filed by the father against the judgment of the Kyiv Court of Appeal, which dismissed the claim to determine the child’s place of residence with the father (case № 753/572/20)

The Supreme Court reviewed a cassation complaint filed by the father against the judgment of the Kyiv Court of Appeal, which had dismissed the claim to determine the child’s place of residence with the father. The plaintiff argued that living with him would promote the child’s physical, moral, and psychological development, citing improvements in the child’s education and social interactions while residing with him.

The court of first instance granted the claim, but the Court of Appeal, considering the child’s preference to live with the mother and the security concerns during martial law, delivered a judgment in favor of the mother. The appellate court noted that the child was residing in Romania, had formed friendships, and found the environment there comfortable. Additionally, the court emphasized the absence of any risks to the child’s health and development while living with the mother.

The Supreme Court dismissed the cassation complaint, agreeing with the conclusions of the appellate court. It underscored that in determining a child’s place of residence, primary consideration must be given to the child’s best interests, including their wishes and safety, particularly during martial law. The court considered that, at the time of the judgment, the child had expressed a desire not to return to Ukraine and preferred to remain in Romania with the mother, where safe conditions for the child’s development were ensured.

Thus, the Supreme Court concluded that the appellate court’s judgment was aligned with the best interests of the child, considering their safety, right to life, and expressed wishes.