Family courts in the context of reforming the judicial system of Ukraine: vulnerabilities of the concept and implementation

Abstract

The article explores the prospects and challenges of introducing family courts in Ukraine as a key element of judicial system reform amid martial law and European integration processes. It analyzes the legal prerequisites, conceptual documents, and Ukraine’s international obligations regarding the protection of children’s and family rights. Special attention is given to the Draft Plan for Ukraine’s Recovery, which envisions a phased implementation of the family court system by 2028 with a clear roadmap for developing its concept, financial justification, action plan, and legislative amendments.
Based on a comprehensive study of international experience with family courts in different legal systems (the USA, Australia, Ireland, Cyprus, the Netherlands, Portugal, Romania, the Czech Republic), the article identifies the main models of specialized family and child-related judiciary, demonstrating diverse approaches – ranging from the establishment of separate judicial institutions to the introduction of specialization within existing courts. The author highlights the terminological inconsistencies between the concepts of «family court», «juvenile court», and «children’s court», defining their correlation and subject matter.
A critical assessment is given to the current trend of substituting the idea of full-fledged family courts with judicial specialization, which does not align with a comprehensive vision of reform. The article justifies the necessity of establishing separate structural units within the local general courts with expanded competencies in family matters and unique jurisdiction, covering not only traditional family disputes but also cases related to the protection of children’s rights and interests.
The study reveals contradictions between various strategic documents (the Draft Plan for Ukraine’s Recovery, the Justice System Development Strategy, and the Concept of Judicial Reform) and the practical steps of reform, emphasizing the need for a holistic doctrine of family courts. This doctrine should encompass a broad range of issues, from staff training to procedural specifics and interactions with other family protection institutions.