Judgment of the Supreme Court on the legal grounds for granting the mother’s claim for the return of the child to Ukraine, who had been moved abroad with a foster family, where the child was taken from the mother without the deprivation of parental rights (case № 461/2098)

In its judgment dated September 27, 2023, in case № 461/2098/22, the Supreme Court reviewed the cassation appeal filed by a mother requesting the return of her child to Ukraine. The child had been removed from the mother’s care without deprivation of her parental rights due to the mother’s prolonged illness, which rendered her unable to fulfill parental responsibilities. Following the imposition of martial law, the child was temporarily relocated abroad with the foster parents of the family-type home where the child had been placed earlier, to ensure the child’s safety and health.

The Supreme Court confirmed that the decision to relocate the child abroad was made in compliance with applicable laws and was aimed at protecting the child’s life and health amid the risks posed by ongoing military actions. The mother did not provide evidence indicating the illegality of the child’s border crossing or violations of her rights. The Court considered that the child was accompanied by legal representatives—foster parents from the family-type home—acting within the bounds of the law.

The Court noted that returning the child to Ukraine during active military conflict posed significant risks to the child’s life and health. The child’s temporary stay abroad with foster parents aligns with the child’s best interests, ensuring safety and stability.

The child was formally recognized as deprived of parental care in 2020. Previous decisions by guardianship authorities and courts regarding this status remained valid and had not been declared unlawful.

The Supreme Court emphasized that the mother retains the right to maintain contact with the child through telephone or other means of communication. She also has the right to request the guardianship authorities to establish visitation arrangements with the child.

The Court concluded that the appellate court’s decision complied with substantive and procedural laws, and the arguments presented in the cassation appeal did not refute the findings of the lower courts.

The Supreme Court dismissed the mother’s cassation appeal and upheld the judgment of the Lviv Court of Appeal dated May 2, 2023. The judgment of the Supreme Court is final and not subject to further appeal.