Захист прав дитини у цивільному судочинстві через призму принципу забезпечення найкращих інтересів дитини

This scientific article is devoted to the analysis of mechanisms for protecting children’s rights in civil proceedings through the prism of the principle of ensuring the best interests of the child. The author explores theoretical approaches to this principle and its application in legal proceedings concerning family disputes, determining the place of residence of the child, custody and guardianship. The work examines the influence of international legal acts on national judicial practice, and also highlights the positions of the Supreme Court and the European Court of Human Rights on the application of the concept of «best interests of the child» in cases of determining the place of residence of the child. The author pays special attention to the role of guardianship and guardianship authorities, noting that without their participation it is impossible to make a reasoned decision in cases concerning the rights of the child. The Supreme Court emphasizes the importance of their involvement in the process, since it is these authorities that carry out a comprehensive analysis of the living conditions of the child, his social environment, as well as his emotional state, which is important for determining his best interests. Neglecting the participation of guardianship authorities can lead to the adoption of unfounded decisions that do not reflect the real needs of the child, creating risks to his well-being. The article also examines the concept of joint custody, widely used in European countries. It involves joint decision-making regarding the upbringing of the child and the rotation of his place of residence between the parents. The author analyzes the advantages and risks of implementing this model in Ukraine, emphasizing the need for detailed legislative regulation and the development of mechanisms for cooperation between parents to ensure stability in the child’s life. It is separately noted that joint custody can become an effective tool for protecting the rights of the child if an appropriate legal framework is provided. In conclusion, the author concludes that effective protection of the rights of the child is possible only if the principle of his best interests is consistently implemented at all stages of the judicial process. It is important that changes in judicial practice are aimed at strengthening the protection of children’s rights and preventing situations when a child becomes a hostage to conflicts between parents, because children are one of the most vulnerable categories of society.