Statement of claim for deprivation of parental rights

Deprivation of parental rights is an extreme measure used to protect the rights and interests of the child.

This process aims to provide the child with a safe environment for development and upbringing, if the parent or one of them systematically fails to fulfill their responsibilities or commits actions that harm the child.

The procedure of deprivation of parental rights requires a serious approach and thorough preparation. It is important to correctly prepare a statement of claim, collect all the necessary documents and evidence, as well as be ready to participate in court sessions.

The professional assistance of a lawyer at all stages of this process is a key factor contributing to the successful protection of the child’s interests.

The procedure for filing a claim for termination of parental rights includes several important aspects.

The main aspects that must be stated in the statement of claim

1. Title of the document: “Summary statement on deprivation of parental rights”.
2. Details of the plaintiff and the defendant: full name, address, contact information.
3. Child data: full name, date of birth, place of residence.
4. Description of grounds for deprivation of parental rights:

• Constant evasion of parental responsibilities.
• Child abuse.
• Chronic alcoholism or drug addiction.
• Committing a crime against a child or other family member.

5. Evidence base: A list of documents and testimonies confirming the facts of violations by the defendant.
6. Legislative basis: Reference to relevant articles of the Family Code of Ukraine.
7. Demands to the court: The plaintiff’s request to deprive the defendant of parental rights.

The role of the lawyer in the process

A lawyer plays an important role in the process of preparing and submitting a claim for deprivation of parental rights.

The main duties of a lawyer include:

• Client consultation: Providing consultations on the possibility and prospects of deprivation of parental rights.
• Preparation of documents: Assistance in collecting the necessary documents and evidence, drafting a claim statement.
• Representation in court: Representation of the client’s interests in court hearings, participation in the interrogation of witnesses, providing evidence and arguments.
• Case support: Control over compliance with procedural norms, submission of necessary petitions and statements.

Stages of court hearings

1. Preparatory meeting: Study of case materials, determination of grounds for consideration of the case.
2. The main court session: Consideration of the merits of the case, hearing of the parties, examination of the evidence.
3. Making a decision: The court makes a decision on deprivation of parental rights or refusal to satisfy the claim.
4. Appealing the decision: In case of disagreement with the court’s decision, the parties have the right to file an appeal.

Necessary documents for filing a claim

• Child’s birth certificate.
• Certificate of family composition.
• References and characteristics from the place of residence.
• Evidence confirming grounds for deprivation of parental rights (testimony, medical reports, acts of abuse, etc.).

Recommendations for filing a claim

1. Clarity and logical presentation: All facts and circumstances must be presented in a logical sequence, without unnecessary emotional coloring.
2. Detail: Each fact must be supported by specific evidence.
3. Compliance with legislation: Links to specific articles of the Family Code of Ukraine and other regulatory acts.
4. Professional help: To prepare a high-quality and well-founded claim, you should contact an experienced lawyer.

Deprivation of parental rights –a complex and serious process that requires careful preparation and a professional approach. The outcome of the case and the future of the child depend on a correctly drawn up statement of claim and collected evidence.

Termination of parental rights has serious legal consequences for parents. They lose the right to raise a child, participate in its life, the right to receive state aid and other social benefits related to the child.

At the same time, deprivation of parental rights does not exempt parents from the obligation to pay child support.

At the stage of preparing for court, it is important to pay attention to all the details and possible objections from the defendant. Careful preparation and professional support of a lawyer will help to ensure a successful trial and protection of the child’s interests.