In Mykolaiv region, a woman was unable to register her young son's residence due to a refusal from the CPAU. Here's what the court decided.

A woman decided to register the place of residence of her minor child. To do this, she contacted the CPAU, but was denied because there was no written consent from the father. This is stated in the decision of the Ochakiv District Court of Mykolaiv Region, published on February 24, 2025.

Since October 10, 2018, the woman had been married to a man, and they divorced on November 11, 2022. They have a minor son from their marriage, who lives with her. On September 10, 2024, she applied to the department for state registration of the VZI of the Ochakiv City Council's Administrative Service Center with a request for the registration of her minor son's place of residence at her registered address. However, her request was denied based on paragraph 3 of section 1 of article 12 of the Law of Ukraine "On the Provision of Public (Electronic Public) Services for Declaring and Registering Place of Residence in Ukraine," as the individual did not provide the documents or information required by this Law in full, specifically the absence of written consent for the registration of the minor child's place of residence.

What was the court's decision?

The court granted the woman's claim. She was given permission to register the place of residence of her minor child alongside her, without the father's written consent.

"As established by the court, the child resides with the plaintiff at her registered address; however, due to the lack of written consent from the father for the registration of the child's place of residence, the plaintiff is deprived of the ability to register her son's place of residence at her address. Since the uncertainty of the minor's place of residence with his mother contradicts his interests and significantly restricts the realization of his rights guaranteed by the Constitution and laws of Ukraine, particularly the right to freedom of movement and free choice of residence, the right to education, healthcare, and social protection, the court believes that his claims for permission to register the child's place of residence without the father's consent should be granted," the court emphasized.