The Committee on Justice does not uphold the Bill on Amendments to certain Legislative Acts of Ukraine (regarding Return of a Child)
14 March 2011, 17:12
The bill (Reg. No8003 is aimed at the regulation of a
child return order in cases when his/her place of residence was spontaneously
changed by one of the parents or other individuals without consent of another
parent or other individuals the minor child is living with pursuant to the
effective Law norms or child care center where child is living in pursuant to
the decision of wardship and guardianship authority
or court.
In the course of the discussion, the People´s Deputies emphasised that they upheld the proposition to provide extra guarantees of child rights protection in executive proceedings and improvement of the existing procedures regarding child return, though have expressed a number of remarks regarding the bills´ norms.
The People´s Deputies declared that the amendments to the clause 162 of the Family Code of Ukraine regarding changing of terms definitions used in this clause raise numerous remarks. The Parliamentarians are convinced that it is inexpedient to change term ‘suit´ into ‘appeal´ since mentioned cases according to the Civil Procedures Code are scrutinized in order of adversary proceeding, not special proceedings.
The Committee members are convinced that changing of term ‘taking a child away and his/her return to the previous place or residence´ into "return of a child" will result in situation when the mentioned cases will be scrutinized without wardship and guardianship authority that may cause infringement upon child´s rights.
The People´s Deputies stated that the bill shall be supplemented with the amendments pursuant to relevant principles of other legislative acts where the issue on taking away ´return of a child is scrutinized, namely Laws "On Wardship and Guardianship Authorities and Specialized Child Care Centers" (clause 6), "On Organisational-Legal Conditions of Social Protection for Orphaned Children and Children deprived of the Parental Care" (Clause 31) and also to the clause 249 fop the Family Code of Ukraine.