1. The subject of the dispute is the determination of the child’s place of residence and exemption from the payment of alimony.
2. The court of cassation established that the court of appeal did not take into account a number of important circumstances, in particular, that the father arbitrarily changed the child’s place of residence without the mother’s consent, obstructs the mother’s communication with the child, which may negatively affect the child’s psychological state and development, and also did not take into account the conclusion of the guardianship authority that the father does not contribute to the establishment of the son’s relationship with the mother. In addition, the court did not take into account the child’s young age and dependence on the father’s influence, which could affect her desire to live with him. The court also noted that the decision on exemption from the payment of alimony depends on the decision on the child’s place of residence. The court emphasized that the equality of parental rights is derived from the rights and interests of the child to harmonious development and proper upbringing. The court departed from the previous conclusions of the Supreme Court of Ukraine regarding the priority of the mother in raising a minor child, emphasizing the need to ensure the best interests of the child.
3. The Supreme Court overturned the decision of the court of appeal and sent the case for a new trial to the court of appeal.
