Procedure for deprivation of parental rights

Deprivation of parental rights — this is an extreme measure used to protect the rights and interests of the child.

The procedure requires strict adherence to the procedure established by law, which guarantees the fairness and legality of the decision.

In this article, we will consider the main aspects of the process of deprivation of parental rights, as well as the legal grounds and consequences of such a decision.

Grounds for deprivation of parental rights

The legislation of Ukraine defines an exhaustive list of grounds for deprivation of parental rights.

They include:

• Avoidance of parental responsibilities: Non-fulfillment of duties related to education, training, maintenance of a child.
• Child abuse: Physical or psychological violence, bullying, humiliation.
• Chronic alcoholism or drug addiction: Constant use of alcohol or drugs, which negatively affects the performance of parental duties.
• Abuse of parental rights: Use of rights for one's own benefit, which is contrary to the interests of the child.
• Leaving a child unattended: Systematic leaving of a child without supervision and assistance, which threatens his health or life.

Procedure for deprivation of parental rights

The procedure of deprivation of parental rights is a complex and multi-stage process, which involves compliance with legal requirements and the participation of various subjects.

Below is a detailed description of this procedure.

1. Filing a lawsuit

The process of deprivation of parental rights begins with filing a lawsuit in court.

A lawsuit can be filed by:

• One of the parents.
• Guardian or custodian of the child.
• Health care facility.
• Educational or educational institution.
• Body of guardianship and care.
• A child who has reached 14 years of age.

The statement of claim must specify the specific circumstances that became the basis for the deprivation of parental rights, as well as the evidence confirming these circumstances.

2. Preparation of evidence

The plaintiff must prepare and present to the court evidence that confirms the existence of grounds for deprivation of parental rights.

Such evidence includes:

• Testimony of witnesses.
• Medical conclusions about the state of health of the child and/or parents.
• Acts of guardianship and guardianship bodies.
• Documents confirming administrative or criminal offenses by parents.
• Other documents and materials relevant to the case.

3. Judicial proceedings

After filing the statement of claim and preparing the evidence, the court appoints a date for consideration of the case.

The following are present at the court session:

• Defendant (parents who are deprived of rights).
• Representatives of guardianship and guardianship bodies.
• Lawyers of the parties (if available).
• Other interested persons.

The court examines the case by listening to the explanations of the parties, witnesses, studying the provided evidence and listening to the opinion of the child, if he has reached the age of 10 and is able to express his opinion.

4. Court decision

After considering all the circumstances of the case, the court issues a decision on deprivation of parental rights or rejection of the lawsuit. The court's decision must be justified and based on the provided evidence and legal regulations.

The court's decision becomes legally binding after the expiration of the appeal period (30 days) or after consideration of the appeal, if one has been filed.

5. Appealing the court decision

The parties have the right to file an appeal against the decision of the court of first instance. The appellate court reviews the decision, verifies the correct application of the norms of substantive and procedural law, as well as the validity of the conclusions of the court of first instance.

Based on the results of the review of the appeal, the court can leave the decision unchanged, change it or cancel it and make a new decision.

6. Execution of the court decision

After the decision enters into force, it is subject to execution. Guardianship and guardianship bodies, as well as the executive service, ensure the execution of the court's decision on the deprivation of parental rights.

They control the process of transferring a child to be raised by another parent, a guardian or to an institution for orphans and children deprived of parental care.

Deprivation of parental rights entails serious legal consequences for parents:

• Loss of the right to raise a child: Parents lose all rights and obligations regarding the education and maintenance of the child.
• Deprivation of the right to communicate with the child: Parents lose the right to personal meetings and communication with the child.
• Deprivation of the right to inheritance: Parents lose their right to inheritance after the child.
• Deprivation of the right to social benefits: Parents lose the right to receive social benefits and assistance provided for parents.

At the same time, deprivation of parental rights does not release parents from the obligation to support the child. They continue to be responsible for the financial support of the child until he reaches the age of majority.

Restoration of parental rights

The legislation of Ukraine provides for the possibility of restoration of parental rights if the circumstances that became the basis for their deprivation are eliminated.

To do this, it is necessary to file an appropriate lawsuit with the court, which considers the case in a manner similar to the procedure for the deprivation of parental rights. The court takes into account the behavior of the parents, their attitude towards the fulfillment of parental duties, as well as the opinion of the child.

Conclusion

Deprivation of parental rights — this is an extreme measure used to protect the interests of the child in case of gross violation of parental duties. The procedure is carried out in a judicial manner, taking into account all the circumstances of the case and respecting the rights of all participants in the process.

It is important to remember that the purpose of this measure is to protect the rights of the child and ensure his well-being, and not to punish the parents.