Sulyk Roman

Head of family law practice

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sulyk@prikhodko.com.ua

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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.

The success of such a case depends not only on the existence of the grounds provided for by Ukrainian law, but also on how convincingly the applicant will be able to confirm that his or her position is in the best interests of the child, which are a priority in most democratic legal systems.

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1 question

Are you abroad?

Yes

2 question

Are you considering a dispute in Ukraine?

Yes

3 question

Are you planning to file a lawsuit in a foreign country?

Yes

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Family law

A claim for guardianship A court decision on independent upbringing and maintenance of a child as a basis for obtaining a deferment A guardianship lawyer A lawsuit to declare a person incapable A statement of claim for recognition of a person as having lost the right to use residential premises A statement of claim for the recognition of a person with limited legal capacity A statement of claim to declare a person incapable Accompaniment of a lawyer in the children’s service Accompanying a person who needs constant care abroad Adoption of an adult Adoption of the wife’s child from the first marriage Agreement on maintenance and education of a child Agreement on the division of marital property Annulment of birth certificate Apostille and consular legalization of inheritance documents APOSTILLE AND LEGALIZATION OF DOCUMENTS IN UKRAINE Apostille for death certificate Apostille on the birth certificate APOSTILLE ON THE DECISION OF THE COURT Apostille on the marriage certificate Appeal against a court decision on divorce Appeal against the decision of the Medical and social expert commission Appeal against the refusal to register permanent care Appeal of inheritance contract Appealing a court decision on deprivation of parental rights Appealing the decisions and actions of the notary when registering the inheritance Applying for a deferment for a guardian of a person with a disability Arrange permanent care for an elderly person Automatic acceptance of inheritance Care on a non-professional basis for parents Certificate of child maintenance by stepfather Certificate of establishment of the fact of providing care for obtaining a deferral Certificate of last place of residence of the deceased CERTIFICATE OF PARENTS OF A LARGE FAMILY AS A BASIS FOR CROSSING THE BORDER CERTIFICATE OF THE FATHER OF MANY CHILDREN IF CHILDREN ARE FROM DIFFERENT MARRIAGES Challenge a will Change of surname to maiden name after divorce Changing a child’s last name during adoption Changing the child’s last name Changing the child’s surname without the consent of the father Changing the surname of a child up to 14 years old Claim for property division COLLECTION OF ALIMONY Collection of alimony from a person residing abroad Collection of alimony from seafarers abroad Conclusion of a marriage contract CONCLUSION OF THE CONTRACT FOR THE MAINTENANCE OF THE CHILD AND DETERMINATION OF THE PLACE OF RESIDENCE Conclusion of the MAC on the need for permanent external care Confirmation of independent maintenance of the child Constant care for a wife with disability group II Consultation of a lawyer on issues of surrogacy in Ukraine Contesting paternity and excluding information from the child’s birth record Contesting the gift contract Crossing the border on the basis of the act of establishing the fact of providing care Custody of the property of a person who is recognized as missing Declaration of a missing person Declaring a relative missing Deferral from mobilization based on the conclusion of the MAC Deprivation of parental rights Deprivation of parental rights abroad Deprivation of the mother’s parental rights Dissolution of marriage at the registry office or through the court Distribution of property upon divorce in Ukraine Division of foreign assets upon divorce Division of marital property: Crypto assets Division of property in case of divorce DIVISION OF PROPERTY IN DIVORCE DIVORCE Divorce if one of the spouses disappeared during hostilities Divorce online DIVORCE SERVICES Divorce without the presence of one of the spouses Establishing a legal fact in court in accordance with Ukrainian legislation Establishing custody of the child Establishing guardianship over a child through the court Establishing or challenging paternity Establishing paternity after the death of a military person Establishing paternity through the court Establishing the fact of child maintenance ESTABLISHING THE FACT OF DEATH IN TEMPORARY OCCUPATED TERRITORIES Establishing the fact of family relations Establishing the fact of family relationships to receive compensation in connection with the death of a serviceman Establishing the fact of family ties through the court Establishing the fact of living as one family Establishing the fact of living in the same family with the testator Establishing the fact of non-acceptance of inheritance Establishing the fact of paternity Establishing the fact of paternity after death Establishing the fact that the child is maintained by the stepfather Establishing the order of participation in raising a child ESTABLISHMENT OF FUNDS AND TRUSTS Establishment of guardianship Establishment of guardianship in court Establishment of guardianship over a disabled person of the 2nd group Establishment of guardianship over an elderly person Establishment of guardianship over an incapacitated person Establishment of guardianship over the mother Establishment of guardianship over the property of an incapacitated person Establishment of the fact of independent upbringing of the child by the father Estate Litigation Attorney Exemption from paying alimony Extension of the deadline for accepting an inheritance Family lawyer in Germany: protecting the interests of ukrainian citizens FAMILY LAWYER IN ITALY FOR UKRAINIANS Family mediation (mediation in family disputes) Fast increasing the amount of child support Gift agreement between relatives Gift agreement for a minor child Guardianship of an incapacitated person Guardianship of disabled parents Guardianship over parents as a basis for postponement Heritage with a foreign element How to establish the fact of residence by one family? 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Postponement Probate lawyer PROCEDURE FOR CARE OF THE DISABLED GROUP 2 Procedure for establishing guardianship Proving the fact of maintenance of an illegitimate child Provision of care for children with disabilities in Ukraine Receiving an inheritance in Ukraine if you are abroad Receiving compensation by the heir for damaged or destroyed property Recognition of a foreign divorce decree in Ukraine Recognition of a person as incapable and appointment of a guardian RECOGNITION OF A PERSON AS MISSING OR DECEASED Recognition of a person as partially disabled Recognition of inheritance as dead Recognition of ownership rights over the deceased Recognition of paternity for the collection of alimony abroad Recognition of paternity through the State Civil Registry Office Recognition of the right to inheritance Reduction of alimony Refusal of inheritance in favor of another person Registration of a child born through reproductive medicine REGISTRATION OF A DONATION (DONATION AGREEMENT) Registration of care for a father: algorithm of actions Registration of care on a non-professional basis Registration of divorce abroad Registration of guardianship over a disabled child Registration of guardianship over a disabled person of the 1st group Registration of guardianship over a disabled person of the 2nd group Registration of guardianship over an elderly person Registration of inheritance Registration of inheritance in the occupied territory REGISTRATION OF PERMANENT CARE – 2025 Registration of permanent care for the wife REGISTRATION OF PERMISSION FOR THE CHILD TO GO ABROAD FROM ONE OF THE PARENTS Registration of the birth of a child in the occupied territory Registration of the birth of a child in the surrogate motherhood program in Ukraine Reissue of marriage certificate Removal of seizure from immovable property in an inheritance case Renewal of parental rights Renewal of permanent care Renewal of the birth certificate Representation in the guardianship and guardianship authorities REPRODUCTIVE MEDICINE LAWYER Restriction of parental rights Return of the child to the parents Returning a child to parents from social services abroad Setting a schedule of visits with your child Statement of claim for collection of alimony for a child Statement of claim for deprivation of parental rights Statement of claim for the adoption of a child Statement of claim for the removal of seizure from inherited property Support for divorce in Poland Support for registration of marriage with a military man Support in determining the place of residence of a child with his biological father Surname change after marriage with a foreigner Termination of parental rights by father’s consent THE TRANSFER OF LAND BY INHERITANCE THE TRANSFER OF REAL ESTATE TO INHERITANCE Travel abroad of a guardian of a disabled child Travel abroad of a guardian of an incapacitated person Turnkey divorce URGENT DIVORCE Voluntary relinquishment of parental rights