The Supreme Court allowed a 14-year-old girl to choose who to live with: the child was left with her grandmother

The Supreme Court overturned the decision of the Court of Appeal to hand over a 14-year-old girl to her mother and left her to live with her grandmother. The court emphasized that after reaching the age of 14, a child has the legal right to independently determine her place of residence, and the main criterion in such disputes remains the best interests of the child.

This is stated in the resolution of the Civil Court of Cassation within the Supreme Court in case No. 195/533/24.

The mother demanded the return of her daughter through the court

The woman filed a lawsuit with the court to immediately take her daughter away from her grandmother. She explained that due to difficult life circumstances, the child had been living in her grandmother’s house with her father since 2018. After the start of the pandemic and a full-scale war, the parties agreed that it was safer for the girl to stay there.

Subsequently, the guardianship authority achieved the deprivation of both parents of parental rights, and the grandmother was appointed guardian. However, the mother later regained her rights through the court, purchased housing in Kamianske and decided to return her daughter to her.

What the courts decided

The court of first instance refused to satisfy the claim, noting that the girl had already reached the age of 14, and therefore had the right to independently determine her place of residence.

Instead, the court of appeal sided with the mother and ruled to transfer the child to her for upbringing.

The Supreme Court sided with the child

The Civil Court of Cassation did not agree with this approach and emphasized: the right of a child after the age of 14 to independently choose his place of residence is expressly provided for by the Family and Civil Codes of Ukraine.

During the consideration of the case, the girl clearly stated that she wanted to stay with her grandmother. In the presence of a psychologist, she explained that she felt comfortable and safe there and did not want to move to her mother.

The court also took into account the conclusion of the guardianship authority and the school report, which confirmed the good and trusting relationship between the grandmother and the granddaughter, as well as the appropriate upbringing conditions.

The court recalled the main principle

The Supreme Court separately referred to the Convention on the Rights of the Child and the practice of the European Court of Human Rights, emphasizing that in such disputes, the interests of the child are of primary importance, and not the formal right of one of the parents.

As a result, the Supreme Court overturned the appeal decision and upheld the district court’s decision to refuse to hand over the child to the mother. The woman was also charged over 2.4 thousand hryvnias in court fees in favor of the grandmother.