The Ombudsman of the Verkhovna Rada of Ukraine is representing the interests of a minor child in court, who is currently abroad and whose rights have been violated. The boy reached out to the Representation in the Ivano-Frankivsk region, reporting that his grandmother was appointed as his guardian, although she is not actually fulfilling that role.
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Circumstances of the case
The child resides abroad with his stepfather, who is his guardian and the father of his biological sister. The boy’s mother, a soldier in the Ukrainian Armed Forces, was killed during a shelling incident while performing her duty.
Violations of the child’s rights
In his appeal, the boy noted that his grandmother approached government authorities after his mother’s death and received a decision to deprive his biological father of parental rights and to establish guardianship over him. However, according to the boy, the grandmother is not actually fulfilling her duties as a guardian, does not live with him, and does not participate in his upbringing. Additionally, she misleads government authorities and performs legally significant actions in his name, but not in his best interest.
Financial issues
The boy also reported that the Ministry of Defense had allocated him a one-time financial aid as the son of the deceased, but the grandmother, as the guardian, received this money, the whereabouts of which are unknown to the minor. A pre-trial investigation has already been initiated regarding this under part 5 of Article 190 of the Criminal Code of Ukraine.
Actions of the Ombudsman
The child approached the Ombudsman with a request to represent his interests in court and to relieve the grandmother of her duties as a guardian. It is important to note that the Child Protection Service, upon receiving information from the regional representation and the National Police, initiated a review of the circumstances and found that the grandmother was not fulfilling her duties as a guardian.
Court proceedings
As a result, one of the courts in the Ivano-Frankivsk region is considering a case regarding the dismissal of the grandmother from her guardian duties at the request of the Child Protection Service, and a freeze has been imposed on her accounts as the guardian.
Role of the Ombudsman
In this case, the institution of the Ombudsman acts as a third party. Currently, a criminal investigation is underway, as well as the consideration of a civil case in court. The Ombudsman hopes for the restoration of justice for the child deprived of parental care and for the reinstatement of his rights.
Uniqueness of the case
This case is the first and currently the only instance in which the Ombudsman represents the interests of a minor child who is abroad and cannot independently exercise his rights. The goal is to ensure access to justice for the child and the restoration of his violated rights.
