- After the deprivation of the parental rights of his parents, does the child retain the right to use the housing in which he lived, if he is placed in an institution for foster care, to relatives, guardian or trustee?
- What is the ground for deprivation of parental rights?
- Is deprivation of parental rights permissible for adult children?
After the deprivation of the parental rights of his parents, does the child retain the right to use the housing in which he lived, if he is placed in an institution for foster care, to relatives, guardian or trustee?
In accordance with paragraph 3 of part 3 of Art. 71 LCD, p. 3 h. 1 art. 247, clause 2, part 1 of Art. 248 Investigative Committee of Ukraine, living quarters are retained by the temporarily absent tenant or members of his family for more than six months in cases of placing the child (children) for upbringing with relatives, guardian or trustee, foster family, family-type orphanage, institution for orphans and children deprived of parental care – during the entire period of their stay with relatives, guardian or trustee, foster family, family-type children’s home, institution for orphans and children deprived of parental care.
An orphan child and a child deprived of parental care who lives in a health care institution, educational or other child care institution, or a foster family has the right to retain the right to use the housing in which he previously lived.
A child over whom guardianship or guardianship is established has the right to retain the right to use the housing in which he lived before the establishment of guardianship or guardianship. In the absence of housing, such a child has the right to receive it in accordance with the law.
The decision by the court of the issues of ensuring the child’s specified right is not mandatory, since the child’s right to retain his right to use the housing is established by law and is not controversial.
What is the ground for deprivation of parental rights?
In accordance with Art. 164 SK mother, parents may be deprived of parental rights by a court if they:
- did not take the child from the maternity hospital or another health care institution without a valid reason and did not show parental care for him for six months;
- shirk their responsibilities for raising a child;
- abuse the child;
- are chronic alcoholics or drug addicts;
- resort to any kind of exploitation of the child, forcing him to begging or vagrancy;
- convicted of an intentional criminal offense against a child.
It should be remembered that deprivation of parental rights is allowed only when it is impossible to change the behavior of the parents in a positive direction, and only if there is guilt in the actions of the parents, the decision of the Supreme Court of March 13, 2019 in case No. 631/2406/15-c (http://reyestr.court.gov.ua/Review/80487429).
In turn, the arrears in the payment of alimony in itself cannot serve as a basis for deprivation of parental rights, the decision of the Supreme Council of Ukraine on 11/27/2017 in case No. 428/10911/16-c (http://reyestr.court.gov.ua/Review/70882614).
Investigating the circumstances of the case, the court should pay special attention to the fact that the father was warned about the need to change his attitude towards raising the child, the decision of the Supreme Council of Ukraine on 11/01/2017 in case No. 211/559/16-c (http://revestr.court.gov.ua/Review/70882614).
At the same time, the fact of the father’s denial of the claims for deprivation of parental rights may indicate that he has a desire to take care of his child, the decision of the Supreme Council of Ukraine on 11/01/2017 in case No. 211/559/16-c (http://reyestr.court.gov.ua/Review/70882614).
When considering this category of cases, attention should also be paid to the position of the LBSP, which noted that the assessment of the overall proportionality of any measure taken, which may lead to the rupture of family ties, will require the courts to carefully assess a number of factors and, depending on the circumstances of the case, they may differ.
However, it must be remembered that the basic interests of the child are very important.
When determining the main interests of the child in each specific case, two conditions must be taken into account:
- First, it is in the child’s best interests to maintain her ties to the family, unless the family is particularly unfit or clearly disadvantaged;
- secondly, it will be in the best interests of the child to ensure her development in a safe, calm and stable environment, which is not unfavorable, the decision of the LSPL in the case “Mamchur in Ukraine”, no. 10383/09, § 100, of 16 July 2015 (https://zakon.rada.gov.ua/laws/show/974_а93).
If the decision is motivated by the need to protect the child from danger, it must be proven that such a danger does exist.
When deciding to remove a child from a parent, it may be necessary to take into account a number of factors.
It may be necessary to find out, for example, whether a child will experience abuse if left in parental care, or suffer from neglect, inadequate parenting and lack of emotional support, or determine whether the establishment of state custody is justified. over the child by the state of his physical or mental health.
On the other hand, the fact that a child can be placed in an environment more favorable for his upbringing does not justify forced removal from his parents.
Such a measure also cannot be justified solely referring to the unreliability of the situation, because such problems can be solved with the help of less radical means, without resorting to family separation, for example, by providing targeted financial support and social counseling, ECtHR decision in the case “Saviny v. Ukraine”, No. 39948 / 06, § 50, dated December 18, 2008 (https://zakon.rada.gov.ua/laws/show/974_454).
Is deprivation of parental rights permissible for adult children?
According to clause 16 of the Plenum of the Armed Forces of Ukraine “On the practice of law enforcement by courts when considering cases of adoption and deprivation and restoration of parental rights” dated 30.03.2007 No. 3 (https://zakon.rada.gov.ua/laws/show/v0003700-07/print) persons can be deprived of parental rights only in relation to a child under eighteen years of age.
Useful site materials divorce.com.ua:
- Divorce from children in Ukraine
- Divorce with a child under one year old in Ukraine
- Equality of rights and obligations of parents in relation to a child in Ukraine
- Temporary departure of a child abroad in Ukraine
- Determination of the child’s place of residence in Ukraine
- Deprivation of parental rights in Ukraine
- Adoption of a child in Ukraine