Dad by court order: schemes using children to evade mobilisation are gaining momentum, - "Automaidan"
In recent years, courts have been issuing decisions that make men the sole guardians of their children, which is grounds for obtaining a deferral. This has already become a widespread phenomenon.
This was reported by lawyers from "Automaidan", according to Censor.NET.
How are decisions made?
As noted, lawsuits are filed 10-15 times in a row until the case reaches the ‘right’ judge. Decisions are made within a few days — sometimes even without the mother or the guardianship authority.
"Evidence? Sometimes it's just a messenger chat or a note from the nursery. Sometimes even military personnel get these decisions - to get out of service. And sometimes, years later, they issue an 'additional decision' where they just add the right phrase for the TCR and SS. Why is this a problem? Because the court is turning into a service where you can ‘formalise’ the upbringing of a child in a couple of days - and calmly avoid mobilisation. The interests of the child are completely ignored there. And trust in justice is only declining," the statement said.
Popular schemes
"Automaidan" has compiled a list of the most suspicious courts, typical schemes, and specific cases to show how this story works in practice. Anna Borysenko, a lawyer with "Automaidan", provided detailed information about this in a publication posted on the UP website. She describes six schemes in detail, including: "Fan-shaped lawsuits," "Absence of a conclusion from the guardianship and custody authority," "Consideration of the case in 'two days,'" "One judge in auto-distribution," "Discharge from military service," and "Adoption of an additional decision."
System response
It is also noted that in August this year, the High Council of Justice launched measures aimed at protecting the authority of the court, as statistics on Ukrainian courts do indeed show an atypical increase in cases related to family relations. Obviously, not all of them are artificial or aimed at facilitating evasion of mobilisation, but such data give rise to reasonable doubts.
