Subject of the Dispute: Establishing the Legal Fact of a Father’s Independent Care and Upbringing of a Minor Child and Declaring the Child’s Mother as Missing.
Main Arguments of the Court: The Supreme Court drew attention to the fact that the courts of previous instances incorrectly assessed the application, considering it solely about establishing the fact of the child’s upbringing by the father. In reality, the applicant (father) acted as the legal representative of the child and also requested to declare the mother missing, which is a separate procedural action in the order of special proceedings. The courts did not clarify the procedural status of the applicant, did not investigate evidence regarding the whereabouts of the child’s mother and the necessity of declaring her missing.
Court Decision: To cancel the decisions of the courts of previous instances and refer the case for a new hearing to the court of first instance for a complete and comprehensive investigation of the circumstances.
