Restriction of parental rights

In concern for the well-being of the child, the state has the right to intervene in parent-child relationships if one or both parents are failing to fulfill their duties in good faith.

One of the most serious measures of influence is the restriction of parental rights. This is not a complete deprivation of rights, but involves the temporary or partial removal of the father or mother from upbringing.

In this article we will look at:

what is the restriction of parental rights;
what is the difference between restriction and deprivation;
grounds, procedure and consequences of the restriction;
how to protect the interests of the child or restore your rights.

What is a restriction of parental rights?

Restriction of parental rights is a court decision that temporarily deprives parents of the right to raise a child, while maintaining their obligation to support the child.

This measure is used when direct communication with parents may threaten the mental or physical health of the child, but there are no grounds for complete deprivation of rights.

The restriction may apply to one or both parents.

Grounds for restricting parental rights

The Family Code of Ukraine provides for several grounds for restricting parental rights.

The most common among them are:

Abuse of one’s rights (e.g. using a child for begging or fraud);
Child abuse — psychological or physical violence;
Alcoholism or drug addiction that poses a danger to the child;
Mental illness, which prevents a full-fledged upbringing;
Systematic evasion of parental responsibilities;
Having a court conviction for domestic violence;
Creating living conditions that are dangerous to the life or health of a child.

Important: the decision to restrict rights is made only by the court, taking into account the conclusion of the guardianship and trusteeship body, as well as other evidence.

Who can initiate the restriction of parental rights?

A lawsuit to the court for restriction of rights can be filed by:

the second parent;
guardian or custodian;
the child’s relatives;
guardianship and trusteeship bodies;
prosecutor’s office;
the administration of the institution where the child is staying (school, hospital, boarding school).

Procedure for restricting parental rights

Preparation of documents — collecting evidence, conclusions from social services, characteristics, health certificates or facts of violence.
Filing a lawsuit in court — indicating the circumstances that confirm the need for the restriction.
Participation of the guardianship authority — their conclusion must be provided after examining the child’s living conditions.
Trial — the court hears both sides, may call witnesses, and involve psychologists.
Court decision — if the restriction is found to be justified, the court clearly defines what the restriction is (for example, a ban on seeing, communicating, participating in decision-making regarding the child, etc.).

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

Consequences of limiting parental rights

A father or mother whose rights are restricted loses the opportunity to:

participate in the upbringing of the child;
determine her place of residence;
make decisions about education, treatment, traveling abroad, etc.;
communicate with the child without the permission of the guardians or the court.

However, the restriction does not exempt from:

obligation to support a child (pay alimony);
liability for violations of child rights legislation.

How to restore parental rights after restriction?

The father or mother has the right to apply to the court with a request for renewal of parental rights, if the circumstances that gave rise to the restriction have been eliminated (for example, treatment has been completed, proper living conditions have been confirmed, etc.).

The court again involves the guardianship authorities to review the situation. If the decision is positive, parental rights are fully restored.

Therefore, limiting parental rights is a last resort measure, applied only when there is a real threat to the child. The court is always guided by the interests of the minor, not personal conflicts between the parents.

If you have witnessed a child being neglected or believe that their life or health is in danger, do not delay. The law firm “Prikhodko and Partners” will help you assess the situation from a legal point of view; prepare a lawsuit; represent your interests in court; protect the child’s rights in accordance with the law.