Analytical note (comparative legislation) on the issue settlement of appointing a legal guardian for a child under the EU member states legislation
06 November 2023, 18:04
Abstract. The analysis results of the EU member states legislation: Czechia, France, Germany, Poland, and Italy regarding the appointment of legal guardians for a child left without parental care are presented. A detailed review of certain aspects of appointment of guardians for the child was carried out. Defined: who can be the guardian of the child; categories of children for whom guardianship may be established; the term for which guardianship over a child can be established, the procedure for establishing guardianship.
In order to determine further possible changes to the legislation of Ukraine, taking into account European practice in matters of procedure for establishing custody of a child, Council Regulation (EU) 2019/1111 of June 25, 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction was analyzed.
Key words: appointment of a legal guardian for a child, parental care, establishment of guardianship, Convention on the Rights of the Child, child rights ensurance, persons close to the child and family, Czechia, France, Germany, Poland, Italy.
10/2023