Deprivation of the father, mother of parental rights to a child in Ukraine

What does deprivation of parental rights mean?

This concept means a process as a result of which both parents, or one of them, can no longer fulfill their obligations towards children. This procedure is an emergency measure. It is used only if it is impossible to influence the parents otherwise.

Who can file an application with a court to deprive a child of their rights?

Individuals included in the list can submit such a statement:

• one of the parents;
• representative of the guardianship service;
• prosecutor;
• a representative of children’s / educational institutions;
• family members;
• guardian or curator;
• a representative of a medical institution;
• the child himself, if he has reached the age of fourteen.

No one other than the specified persons can apply for such a purpose.

What are the grounds for denying the rights to a child?

The procedure for depriving parents of their rights is the last means of resolving the relationship between children and the father / mother, so the reasons for this are very weighty.

Such grounds are the certain behavior of the parents:

• refusal to pick up your child / children from a medical facility or a maternity hospital, in the absence of a valid reason and lack of interest for the next six months regarding his / her accommodation and upbringing;
• failure to fulfill obligations;
• manifestation of cruel behavior and treatment;
• excessive use of alcohol or drugs (parent – drug addict or alcoholic);
• exploitation, forced vagrancy / begging;
• conviction for a crime committed by him with intent against children.

How to deprive a father or mother of the right to a child?

To do this, you need to contact the judicial authorities and submit an application.

This procedure takes place in the district court where the parent who is applying for is living.

A prerequisite is the presence of a representative of the Children’s Services.

Before filing a claim, you must contact the guardianship service for information about the child’s living conditions. This service provides a conclusion indicating the living conditions of the family.

List of documents for deprivation of parental rights

Documents required for submission to the Guardianship Service:

• application;
• a photocopy of the passport of the applicant;
• a photocopy of the birth certificate;
• application from a child (if he has reached ten years of age);
• certificate from educational institution and characteristics of children;
• conclusion of a psychologist after contact with a child;
• certificate of parent’s salary;
• characteristics of the parent from the place of work;
• act on the account of living conditions from the guardianship authorities;
• certificate of divorce (if any);
• other documents that can confirm that the parent is not fulfilling his duties.

What are the legal consequences for parents after deprivation of their rights?

Any court decision has its consequences. Deprivation of parental rights is no exception. As a result of such decisions, the parent can no longer:

• represent and defend the interests of children;
• have moral rights in relation to the child;
• fulfill their parental responsibilities;
• receive benefits and payments intended for children;
• be a guardian, adoptive parent of other children;
• have rights based on relationship with the child.

How to file a lawsuit (statement of claim) for deprivation of parental rights?

After submitting documents to the Guardianship Service, an application must be prepared. The preparatory stage of collecting documents is very important for a positive outcome of the case. A good lawyer will be able to properly draw up a claim, prepare the documents that are needed to resolve the issue.

It is very important to choose a good lawyer, because children’s life is at stake and you cannot take risks in this case.

It should also be noted that during the trial, the child can independently express his opinion on the case. If he has reached the age and level of development when he can talk about his attitude to the case, then the court will take him into account.

Is it possible to restore parental rights to a child?

Parents who have been deprived of their rights have the opportunity to go to court to restore them.

It is impossible to file such a statement of claim if:

• the child has already been adopted;
• coming of age.

The court examines the following aspects when deciding on recovery:

• whether the behavior of the deprived parent has changed during this time;
• what is the opinion of the other parent and of the family members and relatives with whom the child lives.

If the court refuses to restore the rights, the parent has the right to re-apply for restoration one year after the decision on deprivation has entered into legal force.

This is a difficult and troublesome procedure that requires the preparation of many documents and certificates. Questions regarding such cases are very important and responsible, the living conditions of children depend on their outcome.

Therefore, you should carefully choose a lawyer who will represent your interests and adequately protect them.

ANSWERS TO FREQUENTLY ASKED QUESTIONS

• WHICH AUTHORITIES DEPARTURE OF PARENTAL RIGHTS?

Such issues are resolved in the judiciary, with the participation of the guardianship and trusteeship service.

• CAN PARENT RIGHTS BE RESTORED?

Yes, for this you need to send an application for restoration to the court.

• CAN THE CHILD’S NEIGHBOR OR ASSOCIATE OPPORTUNITY CASE?

No, since at the legislative level there is a list of persons who can participate in resolving such an issue.

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