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Family law Statement of claim for deprivation of parental rights

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.

Statement of claim for deprivation of parental rights

The institution of deprivation of parental rights is one of the most serious measures of family legal responsibility.

It is used only in cases where the behavior of parents contradicts the interests of the child and poses a real threat to his development, upbringing and health.

Filing a claim for deprivation of parental rights is an extreme measure to protect the rights and interests of minors, and the courts apply it only in exceptional cases.

Legal basis

According to Article 164 of the Family Code of Ukraine, parents may be deprived of parental rights if they:

They evade their duties to raise a child.
Abuse of the child.
Chronically abuse alcohol or drugs.
They use the child for begging or force him to criminal activity.
They committed a deliberate crime against the life and health of a child or another parent.

These circumstances must be confirmed by proper evidence – acts of guardianship and guardianship authorities, conclusions of medical institutions, court decisions in criminal or administrative cases, eyewitness testimony, etc.

Entities that can file a lawsuit

The following persons have the right to file a statement of claim for deprivation of parental rights:

one of the parents;
guardian or trustee;
a person in whose family the child actually lives;
guardianship and guardianship authority;
prosecutor;
the child himself, who has reached the age of 14.

This allows you to protect the rights of the minor as much as possible, even if the immediate environment is inactive.

Features of drawing up a statement of claim

The statement of claim is drawn up in accordance with the requirements of the Civil Procedure Code of Ukraine.

It must indicate:

name of the court to which the application is submitted;
data of the plaintiff and the defendant;
information about the child (name, date of birth, place of residence);
circumstances that confirm the grounds for deprivation of parental rights;
list of evidence;
the plaintiff’s claims (to deprive the defendant of parental rights, resolve the issue of alimony, determine the child’s place of residence).

In the case, the conclusion of the Service for Children and Family Affairs, which is one of the key pieces of evidence in such cases, must be attached.

Consideration of the case by the court

Cases of deprivation of parental rights are considered in the order of claim proceedings. The court involves the guardianship and guardianship authority in the process, which provides a written opinion on the expediency of deprivation.

The child’s opinion must be taken into account if he is already able to express his thoughts and wishes.

The court weighs all the evidence, since the deprivation of parental rights has irreversible consequences for family relations.

It will also be useful: Deprivation of parental rights

Consequences of deprivation of parental rights

A person deprived of parental rights:

loses all rights in relation to the child (to upbringing, communication, participation in education, representation of interests);
is obliged to pay alimony;
cannot be an adoptive parent or guardian in the future;
loses hereditary rights in relation to the child.

At the same time, the child retains all property rights, including the right to inherit after such a father or mother.

Judicial practice

Judicial practice in cases of deprivation of parental rights is quite ambiguous: each situation takes into account the unique circumstances, behavior of the parents and living conditions of the child.

At the same time, the courts are consistently guided by the principle of ensuring the best interests of the child, and therefore all decisions are made exclusively in favor of his/her harmonious development, security and stability.

Conclusion

Deprivation of parental rights is an exceptional measure that is applied only when the preservation of family ties harms the child.

The procedure requires proper evidence, careful analysis and the involvement of guardianship authorities. A properly drafted statement of claim is a key element of successful protection of children’s rights in court.