Challenges of Determining the Residence of a Child in Conditions of Martial Law in Ukraine

The article is devoted to the study of the problems of determining the place of residence of a child during martial law in Ukraine. It is determined that cases regarding the determination of the child's place of residence are quite complex (due to the subject composition, sphere of relations, etc.), but under martial law they are further complicated by the impossibility of enforcement of court decisions, the lack of effective control over compliance with such execution and the objective limitation of judicial discretion in terms of making the final decision. Attention is focused on the positions of the Supreme Court in cases regarding the determination of the child's place of residence. The article assesses the mediatoriness of cases regarding the problems of determining the child's place of residence during martial law in Ukraine. The authors came to the conclusion that in cases of determining the child's place of residence during martial law in Ukraine, the only effective way to seek consensus and implement agreements between the parties or a court decision is the mediation procedure as an alternative way to resolve the conflict. In resolving a family law dispute, mediation is quite effective, since it not only contributes to the resolution of a legal dispute between the parties, but also directly affects the family conflict as a prerequisite for its occurrence. When conducting mediation in determining the child's place of residence, it is important to take into account two factors: 1) taking into account the child's opinion when deciding on all issues concerning him/her; 2) the legal possibility for a child to conclude two types of transactions – a mediation agreement and an agreement based on the results of mediation. It is concluded that it is possible to conclude a mediation agreement and an agreement based on the results of mediation by a person who has reached the age of 14, but with the consent of the child's parents (adoptive parents) and his/her legal representatives, the minor child does not have the necessary amount of civil capacity to conclude transactions in the field of mediation, and therefore his/her participation in the procedure as a party to mediation is excluded. The issue of mediation with persons with manifestations of PTSD is considered. It is proposed to strengthen and expand the possibilities of consular registration to establish the actual stay of one of the parents with the child abroad. The need to use online means of video communication for the participation of the parent who does not live with the child and is abroad in the upbringing of the latter is emphasized.