Lubinets spoke about the mobilization of a single father of two young children

Ukrainian Parliament Commissioner for Human Rights Dmytro Lubinets reported a case where, after the death of their mother, two young children were left with their only parent — a father who was mobilized into the Armed Forces of Ukraine in May 2026.

According to the ombudsman, the children's mother died, so only the father can actually take care of them. Despite the family circumstances, the man was mobilized and is now performing military service.

Lubinets drew attention to this story in the context of respecting citizens' rights during mobilization and, above all, protecting the interests of minor children. The ombudsman did not disclose details about the children's ages, the family's place of residence, or the military unit where their father is serving.

The law allows discharge from service after the death of the second parent

Ukrainian legislation provides a separate ground for discharging a serviceman from service during martial law if he has a child or children under 18 and the other parent has died.

This ground is enshrined in Article 26 of the Law of Ukraine "On Military Duty and Military Service." A similar rule also applies in cases where the second parent has been deprived of parental rights, declared missing or absent without a trace, declared dead, or is serving a sentence in places of deprivation of liberty.

Consequently, the presence of one or more minor children after the death of the second parent may be grounds for dismissal of an already mobilized serviceman due to family circumstances. To do this, it is necessary to document the relationship with the children and the circumstances giving the corresponding right.

For persons liable for military service who have not yet been called up for service, similar family circumstances are grounds for deferment from mobilization. Cabinet of Ministers Resolution No. 560 provides, in particular, for the submission of the child's birth certificate and the death certificate of the second parent.

Lubinets draws attention to children's rights during mobilization

The case of this family raises a separate question about the situation of children after the mobilization of a single parent. Even if the necessary documents were not prepared before conscription or family circumstances changed later, after the occurrence of the legally established ground, the serviceman may apply with documents for discharge from service.

However, the mere fact of having children does not mean automatic dismissal of every mobilized father. The law establishes specific family circumstances. In this case, the key point is that the children's other parent has died.

The ombudsman did not specify whether the consideration of the situation has already been completed and whether a decision has been made to dismiss the man from the Armed Forces. Therefore, at this point it is about a case publicly voiced by Lubinets and a statutory ground for resolving the problem.

Based on materials from: Dmytro Lubinets