My ex-husband sent me a letter saying that he wants to communicate with and take part in raising our children according to his own visitation schedule, and asked me to provide a written response. However, I have never objected or forbidden this. I have repeatedly asked him to help with raising and supporting the children, but he refused. He has not paid child support for a year. Am I required to provide a written response? Can I suggest that we draw up and include all the terms in an agreement on child support and upbringing?
Answer from a legal consultant:
Your former husband is trying to resolve the issue of meetings and participation in raising your joint children voluntarily. If you do not provide a written response to his request (i.e., ignore it), there is no legal liability предусмотрена for this.
In your case, you should обратиться to the local court at the place of residence of the defendant (debtor) with a claim for the recovery of funds based on a debt obligation.
However, if the parents cannot reach a voluntary agreement regarding the participation of the parent who lives separately in raising the child, the procedure for such participation is determined by the guardianship and custody authorities with the involvement of both parents, based on the best interests of the child. Upon the request of either the mother or the father, the guardianship authority determines the methods of participation in the child’s upbringing and communication with the parent who lives separately.
As for an agreement on the exercise of parental rights, indeed, Article 157 of the Family Code of Ukraine grants parents the right to conclude an agreement regarding the exercise of parental rights and the fulfillment of responsibilities by the parent who lives separately from the child. Such an agreement must be made in writing and notarized.
If such an agreement is not concluded between the parents, the issue of participation in raising the joint children may be resolved through the court (Article 154 of the Family Code of Ukraine).