Draft bill #10176 of October 23, 2023
Sponsor: the Cabinet of Ministers of Ukraine
Status: sent for review to the dedicated parliamentary committee
Who is affected: parents, guardians, children, courts, and the state
Summary:
- heads of appellate courts will designate two local courts that will consider the lawsuits regarding return of the child
- the special procedure for consideration of return of the child cases will be introduced taking into account the Hague Convention on the Civil Aspects of International Child Abduction of 1980, including additional requirements for the content of the claim, a list of necessary measures, and deadlines for resolving the dispute involving the judge. The terms for the consideration of cases by trial and appellate courts will be also defined
- the option of filing cassation appeals against decisions on return of the child cases will be minimized
- during the court enforcement action stage, it will be possible to place a child with a family of relatives, acquaintances, or a patronage educator
- a citizen of Ukraine, a foreigner, or a stateless person participating in a return of the child case may be temporarily restricted in the right to leave Ukraine if such a decision is made by the court.
What is right:
- the bill adapts national legislation to the requirements of the Hague Convention on the Civil Aspects of International Child Abduction of 1980
- the bill proposes to introduce a special procedure for handling cases of return of the child
- the bill will introduce the possibility for a child to temporarily stay with relatives, acquaintances, or patronage educator.
What is wrong:
- limited access to justice in cases of return of the child, particularly because not all local courts will have the power to consider such cases.
Additional information:
Report by the Ministry of Justice on the results of online public consultations on international child abduction.