Deprivation of parental rights

Deprivation of parental rights in Ukraine

Grounds for deprivation of parental rights in Ukraine

Grounds for deprivation of parental rights in Ukraine

A mother, father who is officially married or divorced may be deprived of parental rights by the court if she, he:

  • did not take the child from the maternity hospital or other 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, force him to begging and vagrancy;
  • convicted of an intentional crime against a child.

Mother, father may be deprived of parental rights on the above grounds, only if they reach the age of majority.

A mother, a father may be deprived of parental rights in relation to all of their children or some of them.

If the court, when considering a case on deprivation of parental rights, discovers signs of a crime in the actions of the parents or one of them, it initiates a criminal case.

The court’s decision on deprivation of parental rights, as well as the court’s decision on divorce, after its entry into legal force, the court sends to the state civil registration authority at the place of registration of the child’s birth.

There are grounds on which parents are deprived of parental rights, among which the following should be highlighted:

  • if the parents did not take the child from the maternity hospital or from another health care institution without a valid reason and did not show parental care towards him for 6 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, force him to begging and vagrancy;
  • convicted of an intentional crime against a child.

Deprivation of parental rights should be regarded as a measure of parental responsibility for non-fulfillment or improper fulfillment of their parental duties, which is applied in the presence of the aforementioned grounds and is carried out only in court.

Deprivation of parental rights is aimed primarily at protecting the interests of young and minor children and is a means of encouraging parents to properly perform their duties.

Deprivation of parental rights is temporary, since Art. 169 of the Family Code of Ukraine stipulates that parents can be restored to parental rights if their behavior changes.

If the parents are minors, then the deprivation of their parental rights on the grounds that they are evading their responsibilities for raising a child, are chronic alcoholics and drug addicts, resort to any kind of exploitation of the child, forcing him to beg and vagrancy is difficult or impossible.

This is explained by the fact that their parents (old people) fulfill the obligations to help them in raising a child, and therefore children (grandchildren) do not remain without education and maintenance.

An adult father and mother may be deprived of parental rights in relation to all of their children or some of them.

This provision will also become clear when the question arises that some children are loved by parents more than others, for example, sometimes their own children complain that adopted children are given more attention than them, which can be explained by the desire of the adoptive parents to compensate for the lack of parental care. in relation to adopted children.

However, in such cases, native children receive less attention and the like. In practice, sometimes there are also cases when the last child is more desirable, therefore, older children lack attention and remain alone, which leads to conflicts, inappropriate upbringing and maintenance and negative consequences for parents.

If, when considering a case on deprivation of parents or one of them of parental rights, the court establishes that there are signs of a crime in the actions of the latter, it initiates a criminal case.

But the law does not say anything about what kind of crime – any or only one that is associated with criminal acts against their young or minor children. It is believed that such crimes mean the actions or inaction of the parents that are directed against the rights and interests of the child.

When the court deprives parents of parental rights, a number of conditions must be met, which can be resolved simultaneously with the consideration of the case on deprivation of parental rights.

After its entry into legal force, the court sends the court’s decision on deprivation of parental rights to the state civil status registration authority at the place of registration of the child’s birth to enter this information into the Birth Registration Book.

Family lawyer in Ukraine

Family lawyer in Ukraine

Our lawyers are often asked the question: How to deprive of parental rights? What are the consequences of deprivation of parental rights? In what cases is it impossible to restore parental rights?

On our website advokat-family.com.ua you will find all the answers to your questions in the field of family law in Ukraine.

Legal consequences of deprivation of parental rights

A person deprived of parental rights:

  • loses personal non-property rights to the child and is released from the duties of raising him;
  • ceases to be the child’s legal representative;
  • loses the right to benefits and state benefits provided to families with children;
  • cannot be an adoptive parent, guardian and trustee;
  • cannot receive in the future those property rights associated with paternity that it could have had in the event of its incapacity for work (the right to maintenance from a child, the right to a pension and compensation for harm in case of loss of a breadwinner, the right to inheritance);
  • loses other rights based on relationship with the child.

A person deprived of parental rights is not released from the obligation to support the child.

Simultaneously with the deprivation of parental rights, the court may, at the request of the plaintiff or on its own initiative, decide the issue of collecting alimony for a child in a share of earnings or alimony in a fixed sum.

After the consideration of the case on deprivation of parental rights in essence and the entry into force of the decision, for the person deprived of such rights, the following legal consequences occur:

  • he loses his personal non-property rights to the child and is released from the responsibilities of raising him;
  • ceases to be the child’s legal representative;
  • loses benefits for state aid provided to families with children;
  • cannot be an adoptive parent, guardian, trustee;
  • cannot receive in the future those property rights associated with paternity that it could have in the event of its incapacity for work (the right to maintenance from a child, the right to a pension and compensation for harm in case of loss of a breadwinner, the right to inheritance);
  • loses other rights based on relationship with the child.

But a person deprived of parental rights is not released from the obligation to provide child support.

The Family Code states that when considering such a case, the court can simultaneously, at the request of the plaintiff, decide the issue of collecting alimony or, on its own initiative, do it in the interests of the child.

Regarding the latter case, the provision that is revealed in the initiative of the court when making a court decision on deprivation of parental rights, it is considered that it is impossible to decide on the recovery of alimony on the initiative of the court, since this provision contradicts both the principle of dispositiveness of the civil process and the procedural position of the court, the rights and duties of a judge.

So, according to the norms of the Code of Civil Procedure, the court considers civil cases only upon the appeal of individuals or legal entities filed in accordance with the Code of Civil Procedure, within the limits of their stated requirements and on the basis of evidence from the parties and other persons participating in the case.

So, a judge on his own initiative cannot decide the issue of collecting alimony, he makes a decision only on the basis of the stated requirements of other persons who apply to the court with such requirements.

If we are talking about the protection of the state of the interests of the child, the court, as a human rights body, can inform certain subjects who can apply to the court in order to protect the interests of other subjects about the presence of such a case in its proceedings, and can attract them to participate in the case.

An application for the recovery of alimony in the interests of the child can be submitted to the court by the guardianship and guardianship authority or the prosecutor, as well as interested persons.

Earlier, that is, until 1996, there was a provision in the 1963 Civil Procedure Code that, depending on the clarified circumstances of the case, the court may go beyond the claims stated by the plaintiff when it was necessary to protect the rights and legally protected interests of state enterprises. , institutions, organizations, collective farms, other cooperative organizations and their associations, other public organizations or citizens.

But in 1996, amendments and additions were made to the 1963 Code of Civil Procedure, which changed the nature of the investigation process to an adversarial one.

According to the analysis of the provisions of the latter norms, each party must prove to the court the circumstances to which it refers as the basis for its claims and objections.

The court should not show initiative in collecting evidence, but can only assist the parties in their demand.

The court promotes a comprehensive and complete clarification of the circumstances of the case, assists the parties in the exercise of their rights in cases provided for by law. Moreover, the court must be objective and impartial.

So, the position that takes place in Part 2 of Art. 166 of the SK does not comply with the provisions of Art. 129 of the Constitution of Ukraine, which establishes the general principles of legal proceedings, and the norms of the Code of Civil Procedure.

Renewal of parental rights in Ukraine

Renewal of parental rights in Ukraine

  1. Mother, father, deprived of parental rights, have the right to go to court with a claim for the restoration of parental rights.
  2. The renewal of parental rights is not possible if the child was adopted and the adoption was not canceled or invalidated by the court.
  3. The renewal of parental rights is impossible if the child has reached the age of majority at the time the case is being considered by the court.
  4. The court examines how much the behavior of the person deprived of parental rights has changed, and the circumstances that were the basis for the deprivation of parental rights, and makes a decision in accordance with the interests of the child.
  5. When deciding a case on the restoration of the parental rights of one of the parents, the court takes into account the opinion of the other parent, other persons with whom the child lives.
  6. The court shall forward the decision of the court on the restoration of parental rights after its entry into legal force to the state civil registration authority at the place of registration of the child’s birth.
  7. If the claim for the restoration of parental rights is rejected, re-filing a claim for the restoration of parental rights is possible only after one year has passed since the entry into force of the court’s decision on such a rejection.

Restoration of parental rights is possible only in court, by filing a claim.

The reasons for this renewal are that the parents have changed their behavior, started working, are positively characterized, have independent earnings, have recovered from alcoholism and drug addiction.

To consider such a case in court, there must be a conclusion of the guardianship and guardianship authority on the possibility of restoring parental rights.

As you can see, such a conclusion is preliminarily prepared by the guardianship and trusteeship body after checking all the circumstances of the case. But this does not mean that the parents or one of them, when going to court, should not prove their claims.

They must necessarily provide the court with evidence that their behavior has changed, and they can raise and provide for children.

Restoration is not possible if the child was adopted and the adoption is not canceled or invalidated by the court, or if the child has reached the age of majority at the time the case is being considered by the court.

Part 1 of Art. 169 of the UK stipulates that “a mother, a father, deprived of parental rights, have the right to go to court with a claim for the restoration of parental rights.”

However, based on the essence of the claim proceeding, the defendant in the case is a person who, at the request of the plaintiff, is held liable for violation or challenge of his rights and interests protected by law.

There is also another point of view of the scientists-proceduralists about the essence of the defendant. They note that the defendant is a person, at the request of the plaintiff or other initiator of the process, is involved by the court to participate in the case to determine the grounds for imposing on him the obligation to restore the subjective right of the plaintiff who has experienced an encroachment.

According to the analysis of the various teachings of the proceduralists about the essence of the defendant, as one of the parties to the proceedings, one can single out the general fact that the defendant is a person who violated the subjective right of the plaintiff, such a right has undergone encroachments, therefore the defendant is obliged to restore it.

In the Code of Civil Procedure there are the terms “contested, unrecognized right”, which is the object of judicial protection in legal proceedings.

But based on Part 1 of Art. 169 of the UK, it should be noted that it contains a provision that in the event of the renewal of parental rights, the parents or one of them go to court with a claim.

The question arises whether, in any case, upon renewal of parental rights, the parents or one of them go to court with a claim.

Therefore, you should consider the possible options for such calls.

If the father was deprived of parental rights, the child was transferred to the mother’s upbringing. After correcting his behavior, the father, who was deprived of parental rights, wants to restore them, the mother (guardian, grandfather, grandmother, guardianship and guardianship authority) does not object to this. The question arises, what kind of civil proceedings should this person turn to?

In our opinion, with a claim and not with a claim (since the mother and other persons initially, when depriving the father of parental rights, did not violate his right to raise a child, they are not against the renewal of his parental rights). We believe that such a case should be considered in a special procedure, where the father, who wants to be reinstated in parental rights, will be the applicant, and the mother (guardian, grandfather, grandmother, guardianship and trusteeship authority) will be an interested person. Since you first need to restore (establish) the fact of paternity, from the renewal of which the person will again have subjective, both property and non-property rights and obligations between the father and the child.

If both parents were deprived of parental rights, the child could be transferred to the upbringing of the grandfather, grandmother, guardianship and guardianship authorities. Parents have corrected their behavior, they want to restore parental rights, no one objects to such an update. There is a positive conclusion of the guardianship and guardianship authority.

In our opinion, parents are applicants, and interested persons may be grandfather, grandmother, guardianship and guardianship authority. Such a case has also to be considered in a special procedure. Because parental rights (subjective) will come only after the entry into force of the decision on the restoration of parental rights and the introduction by the registry office of certain changes in the record of the birth of the child.

If one of the parents, or both, who have been deprived of their parental rights, want to be reinstated in them, and the persons who are raising the children object to this.

Such a procedural construction can take place in a separate production.

So, the mother went to court with an application for the restoration of parental rights in a special procedure. She is an applicant in the case, the father, who is raising the child, will be an interested person. The guardianship and trusteeship body will participate in the case in order to give an opinion on the case on the implementation of its powers.

If, during the consideration of the case for the restoration of parental rights, a dispute arises, that is, the father objects to this and presents evidence, the court may refuse to satisfy the application for restoration of parental rights.

If, during the consideration of the case in special proceedings, a dispute arises about the subjective right, the judge must leave such a statement without consideration and explain to the interested parties that they have the right to file a claim with the court on a general basis.

The court shall forward the decision of the court on the restoration of parental rights after its entry into legal force to the state civil registration authority at the place of registration of the child’s birth.

It is the basis for amending the birth certificate of a child, and it is from this moment that the parents will resume their rights and obligations regarding the child.

Family lawyer for termination of parental rights in Ukraine

Family lawyer for termination of parental rights in Ukraine

In resolving a case in case of deprivation of parental rights, the most optimal is to contact a family lawyer for deprivation of parental rights, who will help you quickly and efficiently resolve the case in your favor.

Our lawyers specialize in solving family law cases, so they know the subtleties and nuances that will help speed up the process.

The advantages of going to family law lawyers are:

  • the promptness of the decision of the case in case of deprivation of parental rights;
  • quick preparation of documents for their submission to the court;
  • saving material and time resources in solving the case;
  • the ability to resolve issues online.
Daria Sergeevna Scriabin
Family lawyer
The best way to save time and money in a termination of parental rights is to seek the advice of a good family lawyer!

Please contact our family lawyers if a positive outcome in termination of parental rights is important to you.

To resolve the case, you need to call or write to our family lawyers and they will provide you with all the necessary information as soon as possible!

Frequently asked questions to a lawyer in Ukraine

Frequently asked questions to a lawyer in Ukraine

Should a father, mother, support the child after the deprivation of their parental rights?
Can parental rights be restored?
In what cases is it impossible to restore parental rights?
Do you need a personal presence of the client in court?
What is your experience in family affairs?
What is the cost of legal services in your company?

If the article “Deprivation of parental rights” was useful for you, please like it. We will provide you with the most relevant and useful information in the field of family law, as well as on current changes in the legislation of Ukraine.

Useful site materials advokat-family.com.ua:

  1. Acknowledgment of paternity
  2. Paternity dispute
  3. Establishing paternity
  4. Contesting paternity
  5. Determination of the child’s place of residence
  6. Taking away a young child
  7. Adoption
  8. The order of communication, meetings with the child
  9. Departure of the child abroad
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