Conclusion on the expediency of deprivation of parental rights

Deprivation of parental rights is an extreme measure used in Ukraine to protect the interests of the child in cases where parents systematically violate their duties or harm the child.

This process has serious legal and ethical implications, and its initiation requires thorough preparation, relevant evidence and legal support.

The legal company "Prikhodko and partners" offers a detailed explanation of this process and qualified legal support at every stage.

The procedure of deprivation of maternal (parental) rights is subject to consideration exclusively in a court of law based on the opinion of the service for children and family affairs (guardianship and guardianship body) regarding the expediency (inappropriateness) of deprivation of maternal (parental) rights.

The judicial process regarding the deprivation of parental rights consists of several stages:

1. Collection of evidence
2. Appeal to the court
3. Conclusion from the guardianship authority on the expediency of deprivation of parental rights
4. Consideration of the case in court
5. Judgment by the court
6. Execution of the court decision

One of the key stages of this process is receiving an opinion from guardianship authorities regarding the appropriateness of the deprivation of parental rights.

The opinion of guardianship and care authorities is a mandatory document, which is drawn up at the request of the court in the case of deprivation of parental rights. This conclusion is formed on the basis of a thorough study of all the circumstances of the child's life and the behavior of the parents, an analysis of their ability to properly perform parental duties, as well as an assessment of the impact on the child of the possible deprivation of parental rights. Guardianship and guardianship bodies carry out inspections, conduct conversations with all parties to the conflict, involve specialists such as psychologists and teachers for an objective assessment of the situation.

The work of guardianship and guardianship bodies related to the protection of children's rights is regulated by the Procedure approved by Resolution of the Cabinet of Ministers of Ukraine dated September 24, 2008 No. 866, which defines the procedure for their activities.

The process of drawing up a conclusion by guardianship authorities:

Acquaintance with case materials: The guardianship authorities receive the case materials and familiarize themselves with the documents submitted by the parties, in particular the applicants, witnesses and other participants in the process.

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Examination of the child's living conditions: Representatives of guardianship authorities visit the child's place of residence to assess the conditions in which he lives. Living conditions, availability of things necessary for life, cleanliness and order in the house are inspected.

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Conversations with parents and child: Individual conversations are held with parents, the child (if his age allows), other family members who can provide important information. Consultations with specialists such as psychologists and teachers may also be held.

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Involvement of specialists: If necessary, guardianship authorities engage specialists to conduct additional studies. These can be medical examinations, psychological examinations or social studies that will help to make an objective picture.

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Drawing up a conclusion: After carrying out all the necessary measures, the guardianship authorities draw up a conclusion, which contains an analysis of the situation, an assessment of the parents' actions, as well as recommendations regarding the expediency (improperly) of deprivation of parental rights.

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Referral of the conclusion for consideration by the court: The conclusion of the guardianship authorities is sent to the court, which takes it into account when making a decision in the case of deprivation of parental rights.

On the basis of information obtained by specialists as a result of an examination of the living conditions in which the child, parents, other persons who wish to take care of the child, participate in its upbringing, as well as on the analysis of other documents related to the situation, the body of guardianship and guardianship is and submits a written conclusion to the court regarding the resolution of the dispute.

However, the court does not always agree with the conclusions of guardianship authorities, for example, if such a conclusion violates the rights of the child, is insufficiently substantiated, or contradicts the interests of the child.

The opinion of guardianship authorities is an important document that has a significant impact on court decisions. The court takes this conclusion into account as an objective assessment of the situation, since guardianship authorities are authorized institutions that supervise the protection of children's rights.

However, the court is not obliged to automatically make a decision based on this conclusion — it evaluates all the evidence and arguments of the parties as a whole.

Contact the Law Firm "Prikhodko and Partners" for professional support and protection of your rights. We will help you go through all the legal procedures with minimum difficulties and maximum success.