Фото: TERMINATION OF PARENTAL RIGHTS OF FOREIGNERS

"Human rights are above all"

Alla Borysenko

Lawyer practicing family law. Specializes in the procedure of separation, reduced alimony, sub-friendship, placement of a child, abrogation of father's rights, separation of father's rights from a rich family. ї, other family and recessionary disputes.

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TERMINATION OF PARENTAL RIGHTS OF FOREIGNERS

Reading time: 3 min.

Termination of parental rights is an important legal process that requires compliance with the laws and specific conditions of each state.

If it concerns foreigners, this procedure is not much different from the process of deprivation of parental rights of citizens of Ukraine.

However, there are certain nuances that need to be taken into account that the parties in the case may face.

In this article, we will consider in detail the reasons for the deprivation of parental rights of a foreigner in Ukraine, as well as highlight the main legal and procedural points that may arise during this process

SUBSTITUTE

The law defines cases when parents may pose a threat or danger to a child.

To get rid of the parental rights of the mother or father - a non-resident is allowed if they:

  • The child was left in the maternity hospital or in another medical institution and was not taken care of for six months;
  • They do not fulfill their duties regarding the upbringing and education of the child;
  • They commit violent acts against the child;
  • They have chronic alcohol or drug addiction.
  • They are forced to beg the child forced into vagrancy or otherwise exploited.
  • They were convicted of committing an intentional crime against a child.

MAIN DIFFICULTIES

The main difficulty in this process is the determination of the court to file a lawsuit for the deprivation of parental rights of a foreigner.

According to the general rule, the lawsuit is filed in the court at the place of registration or actual residence of the defendant. If there is no information about such an address, the lawsuit can be filed in court at the last known place of residence of the foreigner in Ukraine or at the location of his property.

It is worth remembering that it is not appropriate to deliver court documents (copies of lawsuits, court decisions, subpoenas) that may lead to the annulment of the decision or complicate its execution in another state.

In such a case, there is a possibility of applying the 1965 Hague Convention on the Service of Court Documents to notify defendants who do not live in Ukraine, which also introduces additional challenges. In the case of the need to deliver judicial procedural documents to the judicial authorities of another state, the Ukrainian court can, on its own initiative or at the request of the party, stop the proceedings in the case, which, of course, will increase the term of consideration of such a case.

Deprivation of parental rights of a foreigner is a complex legal process that requires compliance with the law and can arise as a result of various situations.

The main grounds for this process are defined by law and include child neglect, evasion of parenting and educational duties, violence, alcohol or drug addiction, child exploitation, and convictions for crimes against children.

However, it is important to take into account the peculiarities of the legal process, in particular, the determination of the territorial presence of a foreigner and the possibility of applying international conventions in this context.

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Lawyer practicing family law. Specializes in the procedure of separation, reduced alimony, sub-friendship, placement of a child, abrogation of father's rights, separation of father's rights from a rich family. ї, other family and recessionary disputes.

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