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Author Topic: UKR Father's permission to leave the country for children - how to tackle this  (Read 2956 times)

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Online AvHdB

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Some fathers in Ukraine and Russia will do the best thing for there sproglets, most in my expierence will not. Both Chris in reply #3 and BCKev #5 make very good points.

I will assume that the father is listed on the "birth certificate's". You have two possibilities a legal battle that is time consuming and can be expensieve or paying the "father" off to let his kids leave the country.

As also mentioned up thread I would avoid mentioning a specific country where you will be. A Muslim country will perhaps even in the judges eye be a negative. If the father wants to see the children post decree allowing them to leave, make sure it happens outside Ukraine/Russia.
“If you aren't in over your head, how do you know how tall you are?” T.S. Eliot

Offline niko

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Since the father never saw his kids in the last 4 years or so, my GF has decided to deprive him of his father's rights, which sounds harsh, but the truth is that he does whatever he can to try to make her life miserable by using the kids as leverage by making them stay in Ukraine. But not with him, because he wants nothing to do with them.
The Ukrainian family law, from what I read translated into English on the internet, looks quite advanced to me in terms of child protection. Whether it is applied or not is another matter, but this is the route that we are going to go.

An interesting twist is that if he gets deprived of his father's rights, he will still have to pay child maintenance until they are 18; we clearly don't want his money, but to me this looks like good leverage to motivate him to reach an out of court settlement.

Offline niko

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So we took him to court, and we won. He lost his paternal rights even though he was paying child maintenance, and almost everyone said that because of this, it would be difficult to win this case. We did.

We did not offer him any money. We rejected his offers for out-of-court settlement and did not propose any out-of-court settlement. We took a local solicitor (after screening 5 or 6 of them), piled up one ton of documents, first with the child protection services, which unanimously decided in favour of the mother, and then with the court with my girlfriend bringing 5-10 neighbours as witnesses.

Feel free to PM me if you are in a similar situation.


Online AvHdB

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So we took him to court, and we won. He lost his paternal rights even though he was paying child maintenance, and almost everyone said that because of this, it would be difficult to win this case. We did.

We did not offer him any money. We rejected his offers for out-of-court settlement and did not propose any out-of-court settlement. We took a local solicitor (after screening 5 or 6 of them), piled up one ton of documents, first with the child protection services, which unanimously decided in favour of the mother, and then with the court with my girlfriend bringing 5-10 neighbours as witnesses.

Feel free to PM me if you are in a similar situation.

Congratulations!  :thumbsup:
“If you aren't in over your head, how do you know how tall you are?” T.S. Eliot

Online redroo

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well played.
Hoping for a happy future for your new family

Offline BCKev

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So we took him to court, and we won. He lost his paternal rights even though he was paying child maintenance, and almost everyone said that because of this, it would be difficult to win this case. We did.

We did not offer him any money. We rejected his offers for out-of-court settlement and did not propose any out-of-court settlement. We took a local solicitor (after screening 5 or 6 of them), piled up one ton of documents, first with the child protection services, which unanimously decided in favour of the mother, and then with the court with my girlfriend bringing 5-10 neighbours as witnesses.

Feel free to PM me if you are in a similar situation.

Glad to hear this worked out for you. 

Online Markje

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Congrats!
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Online AvHdB

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Niko, Not to be a downer but are there any appeal options available to the father?
“If you aren't in over your head, how do you know how tall you are?” T.S. Eliot

Offline niko

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Yes, there was a possibility for appeal and it expired one day ago (10 days after the judgement was issued)
Now the only way back for the father to regain parental rights is to take us back to court after a period of one year (as per the Ukrainian Family law), after which he will have to demonstrate that he is genuinely interested in his children, which I can't see happening, because he has neither the will or the interest to do so.

Thank you for the congrats messages. I am a father myself, and the last thing I wanted to happen was to prevent another dad from seeing his children. Having said that, his only interest in his own children was because he could interfere in our plans to rebuild a family. It is was a tough decision to make, and my responsibility now is to give those kids what their real father never gave them.

 ;D


 

 

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