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

Q: Who can initiate the process of deprivation of parental rights?

A lawsuit can be filed by one of the parents, guardian, trustee, relatives of the child, guardianship and guardianship authority, educational or medical institution where the child is staying, as well as the prosecutor. The court considers the case exclusively in the interests of the child, so the presence of an initiator does not yet guarantee a positive decision – evidence of grounds for deprivation of rights is needed.

Q: What are the grounds for deprivation of parental rights provided by law?

The main grounds are: evasion of parental duties regarding the upbringing and maintenance of the child; child abuse; chronic alcoholism or drug addiction; exploitation of a child or coercion to beg; conviction for an intentional crime against a child or other parent. Each ground must be supported by proper evidence (certificates, acts, testimonies, etc.).

Q: Is it possible to restore parental rights after their deprivation?

Yes, the law provides for the possibility of renewing parental rights if the father or mother proves that they have changed their behavior and lifestyle (for example, got rid of alcohol or drug addiction, began to support the child, created proper conditions for upbringing). The decision on renewal is made by the court, taking into account the interests of the child.

Q: What evidence does the court take into account in cases of deprivation of parental rights?

The court examines a wide range of evidence: acts of guardianship and guardianship authorities, conclusions of psychologists, certificates from medical institutions, decisions on administrative or criminal offenses, witness testimonies, characteristics from the place of residence and work, certificates of alimony. The most important criterion when making a decision is to protect the best interests of the child.

Deprivation of parental rights is a legal process that loses the responsibility to make decisions regarding the upbringing, education and development of their children.

This mechanism is an integral part of the child protection system in Ukraine and allows the court to protect the interests of children who are at risk of physical or mental well-being due to inappropriate treatment by parents.

In our country, this process is regulated by current legislation, in particular the Family Code (Articles 164-166) and other regulations.

The norms of the legislation are aimed at ensuring a balance between the protection of the child and the responsibilities of parents. The decision to deprive parents of parental rights not only terminates the parents’ ability to participate in the upbringing of the child, but also cancels their responsibilities in the field of maintenance and care.

At the same time, this does not release them from the obligation to pay alimony. Such a measure is extreme and is used only in cases where all other measures of influence on parents, for example, warnings or restrictions, have been ineffective.

In this article, we will discuss in detail the main aspects of this topic: from the definition of the concept to specific practical points, such as the list of documents and related costs. Learn more about the procedure for deprivation of parental rights or get advice from specialists for a detailed explanation.

What is deprivation of parental rights?

Deprivation of parental rights is a legal process that involves depriving parents of certain opportunities and responsibilities towards their child.

This includes the loss of the inability to make decisions in matters of upbringing, education, health and other important aspects of the child’s life. Such a measure is used only in cases of serious violations on the part of parents and is a last resort.

It is important to note that deprivation of parental rights does not mean that the child remains without support. He or she has the opportunity to be placed under the guardianship or guardianship of another family by a court decision.

Parents who have been deprived of their rights also lose the right to communicate with the child, but in case of a change in their behavior or circumstances, they are allowed to apply to the court for restoration.

The decision on deprivation is made exclusively by the court. In Ukraine, this issue is considered by district courts at the place of residence of the defendant or child. The court process necessarily includes the participation of the plaintiff, the defendant and, for the most part, representatives of the guardianship and guardianship authorities.

The latter assess the child’s living conditions and draw up a conclusion on the need for deprivation, which is an important document for making a court decision.

It will also be useful: Deprivation of parental rights lawyer

There are several common grounds for loss of parental rights: child abuse, failure to fulfill obligations to ensure the child’s development, dependence on alcohol or drugs, committing a crime against the child or systematic violation of duties, such as non-payment of alimony.

The legislation of Ukraine requires the provision of clear evidence indicating a threat to the physical or moral well-being of the child.

Consequences of deprivation of parental rights

include the loss of the opportunity to live with the child, making decisions about his life and development; prohibition to claim the property or inheritance of the child;
inability to determine his/her place of residence or level of education; as well as the loss of the right to any contact with her without judicial permission.

Despite this, it is possible to go to court for restoration in case of improvement in the condition or behavior of the parents.

The deprivation procedure begins with the preparation and submission of a statement of claim to the court at the place of residence of the defendant. The application substantiates the grounds for such a decision and attaches relevant evidence of violations.

Next, a court hearing is scheduled, at which all parties to the case are heard and evidence is examined. If necessary, examinations can be involved. The decision is made by the court in accordance with the facts presented.

In case of disagreement with the verdict, the parties have the right to appeal it within the established period.

This process is complex from a legal and moral point of view, so it often requires the involvement of lawyers for advice and representation in court.

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1 question

Have you applied to the guardianship and guardianship authorities to obtain an opinion on the advisability of deprivation of parental rights?

Yes

2 question

Is the person who is going to be deprived of parental rights a citizen of Ukraine?

Yes

Frequently asked questions for the topic:

Who can initiate the process of deprivation of parental rights?

A lawsuit can be filed by one of the parents, guardian, trustee, relatives of the child, guardianship and guardianship authority, educational or medical institution where the child is staying, as well as the prosecutor.

The court considers the case exclusively in the interests of the child, so the presence of an initiator does not yet guarantee a positive decision – evidence of grounds for deprivation of rights is needed.

What are the grounds for deprivation of parental rights provided by law?

The main grounds are:

evasion of parental duties regarding the upbringing and maintenance of the child;
child abuse;
chronic alcoholism or drug addiction;
exploitation of a child or coercion to beg;
conviction for an intentional crime against a child or other parent.

Each ground must be supported by proper evidence (certificates, acts, testimonies, etc.).

What are the consequences of deprivation of parental rights for the mother or father?

Parents lose all personal non-property rights in relation to the child: the right to upbringing, communication, participation in decision-making.

At the same time, they are not exempt from the obligation to financially support the child – alimony continues to be collected.

Also, a person loses the right to inherit after the child and the opportunity to receive maintenance from him in the future.

Is it possible to restore parental rights after their deprivation?

Yes, the law provides for the possibility of renewing parental rights if the father or mother proves that they have changed their behavior and lifestyle (for example, got rid of alcohol or drug addiction, began to support the child, created proper conditions for upbringing).

The decision on renewal is made by the court, taking into account the interests of the child.

What evidence does the court take into account in cases of deprivation of parental rights?

The court examines a wide range of evidence: acts of guardianship and guardianship authorities, conclusions of psychologists, certificates from medical institutions, decisions on administrative or criminal offenses, witness testimonies, characteristics from the place of residence and work, certificates of alimony.

The most important criterion when making a decision is to protect the best interests of the child.

Successful cases on the topic: