Sulyk Roman

Head of family law practice

E-mail

sulyk@prikhodko.com.ua

Phone numbers

An attorney with extensive experience specializing in complex family disputes. As Head of Practice, he combines deep legal expertise with a personalized approach to every client. He ensures strategic protection of family interests and delivers impeccable results in the most challenging cases.

Deprivation of parental rights abroad

Migration processes in recent years have led to the fact that more and more Ukrainian families find themselves in a situation where a dispute over children’s rights arises outside Ukraine.

One of the most difficult elements of such disputes is the issue of deprivation of parental rights.

The procedure, which seems to be understood domestically, takes on a completely different dimension when one or both parents are in another state, and the child is in a jurisdiction where different approaches to family law operate.

Jurisdiction: who has the right to hear the case?

A key issue in international family disputes is the determination of the competent court. In most cases, the child’s place of permanent residence (habitual residence) is decisive.

If the child stays abroad for a long time, studies, integrated into the local environment, the foreign court, as a rule, considers itself authorized to consider the case, including the deprivation of parental rights of one of the parents.

The Ukrainian court can also consider such cases, but only if there is a real connection with Ukraine: for example, if the child lives in Ukraine, and one of the parents, being abroad, systematically evades the fulfillment of his duties.

In cases where the child is abroad, but the citizenship is Ukrainian, the very fact of citizenship does not create automatic Ukrainian jurisdiction.

Determining the Grounds: Approaches of Different Countries

In many legal systems, deprivation of parental rights is considered an exceptional measure, applied only in cases of gross violation of duties.

At the same time, the list of grounds can vary significantly.

In Ukraine, the legislation provides for such grounds as evasion of child support, abuse, alcoholism or drug addiction, exploitation of the child, etc.
In the EU countries, the concept of “best interests of the child” is applied: the central criterion is the best interests of the child, and not the behavior of the father as such. For example, in Germany, courts refuse to deprive the father of his rights even with significant evasion of communication with the child, if this does not jeopardize his well-being.
In some countries (for example, the United States or Canada), the issue of deprivation of rights is closely related to criminal circumstances — domestic violence, abuse of alcohol or psychotropic substances, child neglect.

Thus, Ukrainian applicants are often faced with the fact that a foreign court does not recognize the grounds as sufficiently serious, even if they would have ensured a successful trial in Ukraine.

Evidence and collection of documents

The difficulties that arise in international disputes are mostly related to evidence. Local courts abroad do not have access to Ukrainian registers, and Ukrainian certificates require apostille or consular legalization.

In addition, there is often a need for:

official translations of documents;
proof of income or payment of alimony from another country;
participation of guardianship authorities or their foreign analog;
evidence of communication between parents, which sometimes has to be compiled “from scratch”.

In many foreign jurisdictions, a special role is played by a social report — a detailed study of the child’s living conditions conducted by specially authorized structures. It can take from several weeks to several months to form it.

The decision of the Ukrainian court abroad: is it recognized?

Even if a Ukrainian court has ruled on deprivation of rights, this does not mean that it is automatically applied in another state. In most countries, a separate procedure is required for the recognition and enforcement of a foreign judgment (exequatur).

It can be complicated if:

the state does not have a corresponding agreement with Ukraine;
the foreign court considers that the Ukrainian judgment violates the principle of the “best interests of the child”;
there is a suspicion that one of the parents tried to use the jurisdiction of Ukraine to avoid foreign proceedings.

Some states (for example, Poland, the Czech Republic, Italy) recognize Ukrainian decisions without undue obstacles, as long as they do not contradict the domestic legal order. But in the countries of the Anglo-Saxon system, the issue of applying solutions is much more complicated.

It will also be useful: Statement of claim for deprivation of parental rights

Practical advice for Ukrainians

Check the jurisdiction in advance. It is important to know in which court the case has the greatest chances of consideration and actual enforcement.
Collect documents systematically. In international affairs, there are no trifles – any confirmation of contacts, payments or appeals to the authorities can be important.
Use the mechanisms of the Hague Conventions if the child’s host country has ratified them.
Involve a lawyer in the child’s country of residence. A Ukrainian lawyer cannot fully replace a specialist who knows the local procedure.
Avoid conflict between processes. Parallel affairs in Ukraine and abroad can complicate each other.

Conclusion

Deprivation of parental rights abroad is not just a legal procedure, but a complex interaction of different legal systems, international treaties and the practice of individual states.

Deprivation of parental rights abroad

Determining the Grounds: Approaches of Different Countries

Evidence and collection of documents

The decision of the Ukrainian court abroad: is it recognized?

Practical advice for Ukrainians

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