The end of the era of “the child automatically stays with the mother”: courts will consider the financial circumstances of both parents
21 May 16:37
analysis
The Verkhovna Rada approved Bill No. 15150 on the new Civil Code of Ukraine in its first reading. The bill was supported by 254 members of parliament. The bill aims to modernize the private law system.
Parliament emphasizes that the adoption of the new Civil Code is an important step in modernizing Ukraine’s legal system. According to the bill’s co-author, Verkhovna Rada Chairman Ruslan Stefanchuk, work on the draft has been ongoing for nearly seven years, and the text spans over 800 pages.
Among the proposed changes is a new approach to determining the rights and obligations of parents in family disputes. In particular, courts will be able to consider the presence of official income or legal employment of the mother or father when resolving issues concerning a child. According to lawyers, the lack of formal employment or verifiable income could be one of the factors working against a mother or father during court proceedings.
It is worth noting that financial status will not be the sole criterion for making a decision. The court will also consider the child’s living conditions, the parents’ involvement in the child’s upbringing, the level of care provided, and the ability to ensure the child’s safety and development.
What the lawyers say
In an exclusive comment for "Komersant Ukrainian", lawyer Yaroslav Kuts noted that it is currently premature to discuss the final version of the document, as it may still undergo significant changes before the second reading.
“Commenting on the new Civil Code is, in a sense, like reading tea leaves at this point. But after the first reading, the main point has already become clear: the current Family Code has effectively been integrated into the new code, supplemented with new approaches and definitions,” the lawyer explained.
According to the lawyer, the new provisions concern not only the child’s financial support. The bill covers a much broader range of issues—from determining the child’s permanent residence to mechanisms for responding in cases of unlawful removal of the child by one of the parents.
“There are issues regarding the child’s residence, securing a claim, and cases where one parent takes the child abroad or changes the child’s place of residence without the other parent’s permission. This is a large body of new provisions that is currently being drafted in the new Civil Code,” Kuts noted.
Will income be a decisive factor?
Particular attention was drawn to the provision stating that courts may consider the parents’ financial means when determining with whom the child will live after a divorce. According to the lawyer, this provision will likely remain in the final version of the document, but it will not be the sole criterion for the court.
“Yes and no. On the one hand, parents are indeed obligated to provide for the child’s basic needs—housing, education, health, and cultural upbringing. These provisions are already in the current Family Code, and they are being carried over into the new document in a more modern format,” the attorney explained.
He added that the modern legal system increasingly takes into account the economic aspect of raising children. At the same time, the lawyer emphasizes: the parents’ financial situation will not be the sole basis for the court’s decision.
“It won’t be just about money. The court will consider the child’s age, the ability to provide care, cultural development, upbringing, adequate living conditions, and the parents’ overall involvement in the child’s life,” the lawyer emphasized.
According to him, the bill may still undergo changes before the second reading, and lawmakers will likely clarify some of the controversial provisions.
Criticism of the bill
Following the publication of the draft of the new Civil Code, a number of human rights organizations and civic groups have expressed comments and criticism regarding certain provisions of the document. As of now, hundreds of pages of amendments and proposals have been prepared for the bill.
Since only members of parliament are officially authorized to submit amendments for the second reading, some lawmakers agreed to register the proposals from lawyers and experts on their behalf.
The deadline for submitting amendments is May 19. After that, all proposals must be reviewed by the relevant committee of the Verkhovna Rada, and subsequently the bill will be submitted to parliament for consideration in the second reading.
