The Concept of agreements between mother, father and children

The article is devoted to the concept of contracts between mother, father and children. The author proposes his own vision of the marriage contract, in particular: the consensual (voluntary and mutual) will of the spouses or of the individuals who have submitted an application for marriage registration, which governs (or shall govern) the relations between the wife and husband as spouses; between the wife and husband as parents of a child; between the spouses and their family members or other third parties — in respect of the legal regime of property, the procedure for the use of residential premises, as well as maintenance obligations. Such an agreement shall be concluded in writing and duly notarized. It is established that a child-rearing agreement between parents undergoing divorce constitutes the mutual will of the mother and the father, who are in a marital relationship, and determines with whom the child shall reside, the extent of the financial and other support to be provided by the parent living separately, and the conditions under which such parent shall exercise the right to personal involvement in the upbringing of the child. This agreement is concluded in a simple written form. The importance of refusing the term «written agreement», which appears in the provisions of Part 1 of Art. 109 of the Family Code of Ukraine, since in fact it is said that such a named family agreement is concluded in writing. The definition of the concept of a child support agreement by the parent who lives separately from the child is proposed. The concept of an agreement on the payment of alimony for a child is formulated. The concept of an agreement on the termination of the child’s right to alimony in connection with the acquisition of ownership of real estate is presented. The author’s own definition of «conclusion of agreements between mother, father and children» is proposed. It is concluded that the failure to reach an agreement between the mother, father and children on the conclusion of agreements between them does not deprive them of the opportunity to exercise family rights and (or) fulfill family obligations established by acts of family legislation.