Deprivation of parental rights is an extreme measure when parents do not care about the welfare of the child, but on the contrary – represent a kind of threat to it. That is why the law forces such decisions to be made to promote the further development of the child.
What are the grounds for deprivation of parental rights?
The process of depriving parents of their rights is itself extremely complex, which is why the law establishes a specific and very strict list of grounds for such a decision. Article 161 of the UK of Ukraine (http://zakon5.rada.gov.ua/laws/show/2947-14) says that parents can be deprived of their parental rights if:
- A newborn child was left in a maternity hospital and did not have parental care without a valid reason from the mother or father (for six months).
- Parents do not fulfill their direct obligations to educate and support the child’s spiritual and physical development. This clause also applies to situations where the child’s father and mother do not take care of their child’s education, do not provide him with suitable nutrition, or neglect the services of a doctor when they are needed.
- The child is subjected to violence (physical or psychological). If the mother or father is addicted to alcohol or drugs (there must be appropriate evidence from medical institutions).
- The child is being exploited.
- A parent or parents commit a deliberate crime against their child.
The presence of a serious mental illness or a long business trip cannot be a reason for the deprivation of parental rights. If one of the spouses prevents the other from seeing the child, then the lack of upbringing and positive influence, in this case, is not due to the irresponsibility of the parent, but to external factors that do not depend on it. Ukrainian legislation on parental control has a large Foundation, which is why every reason or reason will be seriously tested in court.
How does the deprivation of parental rights occur?
Grounds for deprivation of parental rights are considered by the court. Before applying to the court, you must make sure that you have the following documents:
- parent’s passport;
- child’s birth certificate;
- application for divorce (if any);
- application from a child if they are already ten years old;
- act or conclusion on the child’s living conditions;
- job reference and characteristics;
- conclusions of the child’s check by a psychologist;
- any other documents that would confirm non-compliance with parental responsibilities.
Documents are given to the appropriate guardianship authorities, after which they are sent to the court along with a claim for deprivation of parental rights. Documents are submitted to the court at the place of residence of the defendant. All collected evidence must be indisputable. In the course of consideration of the case, it may become clear that the child was subjected to criminal actions on the part of the parents. After that, an additional criminal case may be opened. If the court decides to grant the claim, the following options are possible:
- if the Respondent has additional housing, they will have to move;
- forced division of the apartment.
Who has the right to file a claim?
A claim can be filed by:
- any family member;
- the child’s guardian;
- guardianship authorities;
- prosecutor’s office;
- educational or medical institution;
- the child himself, if he is 14 years old.
Other family members can apply for the removal of the parent’s rights if there is permission from the guardianship authorities.
If the court grants the claim, the parents can no longer:
- participate in parenting or even communicate with your child;
- represent the interests of the child;
- receive various social benefits designed to help families with children;
- adopt another child;
- be the heirs of their children (unless otherwise specified in the will).
However, the absence of rights to education does not exempt from the obligation to provide. Most often, the child is transferred to another parent for upbringing, if this is not possible, then to other relatives who accept custody. You can only see the child if the court gives its consent to this.
How do I restore my parental rights?
In any case, we cannot say that such a court decision is irrevocable. The rights to the child can also be restored in court. This cannot be done only when the adoption has already occurred or the child has reached the age of majority. The main thing that the court should determine is the fact that the lifestyle of the parent or parents has changed. If only one parent was deprived of their rights, the court will take into account the interests of the second parent. The court will also hear the child. Age is not important in this case. If the claim is not satisfied, then you can re-apply to the court only after one year.
Deprivation of parental rights if the parent is a foreigner
Such a procedure for revoking the parental rights of a foreign father may take place without his participation. Although it receives the mandatory notification of the upcoming meeting. If the notification is returned twice without confirmation of its receipt, the court makes a decision in absentia. In other words, the consent of a foreign parent is not mandatory. You only need to provide the necessary evidence that the foreign parent is not engaged in raising the child and is indifferent to their parental responsibilities.
If the foreigner is the plaintiff in the case, the decision may be delayed. If the foreign parent has real estate in Ukraine, then the deprivation of rights is possible, but if not, the claim may simply not be accepted. However, legal proceedings require the participation of a professional family lawyer. Kasyanenko & Partners Law Company experts will ensure that when contacting us you can count on:
- consultation on your case with a forecast of the result;
- assistance with documents, their registration, and submission;
- detailed instructions on how to get a satisfactory result for you;
- representation in court;
- full protection of your child’s rights.