The grandmother’s love won: the woman will see her granddaughter despite her daughter-in-law’s ban

Publication date: April 5, 2023

Even if the couple divorces, the child should not become a “hostage” of family quarrels. Grandparents have the right to see their grandchildren and participate in their upbringing. The heroine of this story had to prove the legality of her demands through the court with the help of lawyers from the NGO “Podillia Center for Human Rights”.

A resident of Vinnytsiia oblast, 61-year-old Mariia*, turned to the lawyers of the Podillia Center for Human Rights on December 1, 2022. She said that her son was recently mobilized into the ranks of the Armed Forces. Before going to the army, the husband divorced, and the couple has a common child, a 5-year-old girl. However, since the divorce, especially since her son was mobilized, Mariia’s daughter-in-law does not allow her to see her granddaughter. “Negotiations” within the family, unfortunately, did not yield results.

Extremely upset by this situation, the grandmother decided to act. At first, she turned to the children’s service of the city council, where a meeting was held with the participation of her daughter-in-law – but the situation did not change.

Then, on the advice of her work colleagues, Mariia went to the lawyers of the Podillia Center for Human Rights for legal assistance.

The head of the board of the organization, lawyer Mykhailo Bardyn, after listening to the woman, gave her an oral consultation. He explained that according to the Family Code of Ukraine, grandparents have the right to participate in the upbringing of grandchildren. He also explained that the case can be resolved by going to court with the involvement of the city council’s children’s service as a third party.

For his part, Oleksandr Dovbysh, a lawyer and advocate of the Podillia Center for Human Rights, helped Mariia prepare a statement of claim to the court.

As a result of the court proceedings, the application was partially granted. The court considered the opinion of the children’s affairs service and decided to approve the schedule of meetings between the grandmother and the granddaughter proposed in the document.

• The lesson of this story can be considered that every legitimate desire finds a way of its realization, – comments Mykhailo Bardyn on the successful completion of the case.

*Name has been changed for ethical reasons.

**Family Code of Ukraine, Article 257. Rights of grandparents, great-grandparents, and great-grandparents to raise grandchildren and great-grandchildren

1. Grandmother, grandfather, great-grandmother, great-grandfather have the right to communicate with their grandchildren and great-grandchildren, to participate in their upbringing.
2. Parents or other persons with whom the child lives do not have the right to prevent the grandmother, grandfather, great-grandmother, great-grandfather from exercising their rights regarding the upbringing of grandchildren and great-grandchildren.
3. If such obstacles occur, the grandmother, grandfather, great-grandmother, great-grandfather have the right to appeal to the court with a claim for their removal.

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