Ukrainian men are obtaining single father status through court to avoid mobilization

In Ukraine, there has been an increase in cases where men are seeking legal status as single fathers to obtain a deferment from mobilization.

According to the mobilization law, women and men who independently raise a child (or children) under the age of 18 are exempt from military service. As stated in Article 23 of the law, such individuals can only be called to service with their consent and only within their place of residence.

This status can be verified with a death certificate of the mother or a court decision declaring her missing. It can also be confirmed by a court decision stripping the mother of parental rights.

Recently, court rulings establishing that a father is independently raising a child without the mother’s participation have started appearing in the judicial decisions registry. Since the beginning of the year, there have been over a thousand such rulings.

Courts tend to handle these cases quickly, unlike the more lengthy procedure of terminating a mother’s parental rights.

According to Cabinet of Ministers Resolution No. 560, such a court decision is sufficient evidence for granting the father a deferment. The resolution specifies that a single father can submit documents to the territorial recruitment center confirming that he independently raises and supports his child, specifically a court decision establishing this fact. Thus, a legally binding court decision that recognizes this fact is the basis for considering a person a single father, thereby exempting him from mobilization.

For example, a recent decision by the Illichivsk City Court of the Odessa region involved a father who filed a lawsuit claiming that he alone raises and supports his minor daughter, with the mother having not been involved since the full-scale invasion began. The mother did not attend the hearing but confirmed to the court that she could not participate in the child’s upbringing and supported the father’s claim. The court granted the father’s request and recognized him as a single father.

Another example is a decision by the Rzhyshchiv Court in the Kyiv region. A displaced man requested the court to establish that he is raising his daughter independently because his ex-wife left for abroad at the beginning of the war and has had no contact with them since. The man provided evidence, including a divorce certificate, and the court ruled in his favor, confirming that he independently raises the child without the mother’s involvement.

Additionally, there are many decisions in the registry where men are recognized as single fathers even if they are not divorced from the child’s mother. In some cases, courts accept evidence such as a home inspection report confirming the mother’s absence from the household. Other acceptable evidence includes documents proving the father’s involvement in the child’s upbringing, such as payment receipts for extracurricular activities.