Publication date: 28.11.2024
Lawyer with 15 years of legal experience, specialization: family and civil law, inheritance, contract law, criminal cases, administrative cases, cases involving foreigners, migration law
Deprivation of parental rights is an extreme measure of legal influence used to protect the rights of a child if the mother's behaviour poses a threat to the child's life, health or development. This process is regulated by the Family Code of Ukraine (FCU), which defines the grounds for deprivation of parental rights, and the Civil Procedure Code of Ukraine (CPCU), which establishes the procedure for considering such cases in court.
In this article, we will examine the procedure for depriving a mother of parental rights, the mandatory stages of the court process, the list of required documents, the legal consequences for the mother and child, and the possibilities of restoring rights in the future.
Legal framework
Deprivation of parental rights of a mother is regulated:
- The Family Code of Ukraine (FCU): Article 164 sets out the grounds for deprivation of parental rights.
Article 165 defines the persons who have the right to file a claim.
Article 166 describes the consequences of termination of parental rights.
Civil Procedure Code of Ukraine (CPCU): Defines the procedure for consideration of cases in courts of general jurisdiction.
It regulates the presentation of evidence, the consideration of the case and the adoption of a court decision.
The Law of Ukraine ‘On Protection of Childhood’: Guarantees the protection of children's rights to safe living and developmental conditions.
Prohibits cruel treatment of children.
Resolution of the Plenum of the Supreme Court of Ukraine No. 3 of 30.03.2007: Clarifies the specifics of the application of legislation in cases of deprivation of parental rights.
The main grounds for depriving a mother of parental rights
Deprivation of parental rights is applied only in exceptional cases. Article 164 of the FCU sets out the grounds for such a decision:
- Systematic failure to fulfil parental responsibilities. This may include inadequate upbringing of the child, ignoring his or her needs, and evasion of material support.
Child abuse. This includes physical or psychological violence, humiliation of the child, leaving the child in danger.
Alcoholism or drug addiction. If a mother abuses alcohol or drugs, it can pose a threat to the child's life and health.
Leaving the child unattended. This means leaving a child without the necessary care for a long time or abandoning him or her.
Committing a crime against a child. Crimes involving violence or exploitation of a child are a valid ground for deprivation of parental rights.
Signs that may indicate improper performance of duties
The mother does not provide the child with adequate food, medical care or education.
The child's neglect of school duties caused by the mother's indifference.
Frequent conflicts in the family that traumatise the child's psyche.
Stages of the process of deprivation of parental rights
The procedure for depriving a mother of parental rights consists of several stages:
- Preparation of the claim. A statement of claim is filed with the court. This can be done by the second parent, the guardianship and custody authority, the prosecutor or the child himself (from the age of 14).
Gathering evidence. Documents confirming the mother's failure to fulfil her obligations must be provided: acts of inspection of living conditions, conclusions of guardianship authorities, testimonies of neighbours or relatives.
Court proceedings. The court hears both parties and witnesses and makes a decision based on the evidence presented.
Judgement. The court's decision comes into force after the deadline for appealing has passed.
Mandatory actions for successful resolution of the case
- Consultation with a lawyer to prepare documents and develop a strategy.
Establishing contacts with the guardianship and custody authorities to obtain their support.
Collect all necessary evidence (documents, testimonies, expert opinions).
Question
Can a mother be deprived of her parental rights without her consent?
Answer
Yes, the decision to terminate parental rights is made by the court on the basis of the evidence provided, regardless of the mother's consent. The main thing is to prove that her behaviour violates the rights of the child.
Legal support: In complex cases, it is important to engage an experienced lawyer to represent you in court.
Documentary evidence: Collecting official documents (acts, conclusions) significantly increases the chances of success.
Protection of the child's interests: The court is always guided by the interests of the child when making such important decisions.
Legal consequences of depriving a mother of parental rights
- Loss of all rights in relation to the child. The mother cannot raise the child, make decisions about his or her education, treatment or place of residence.
The obligation to support the child. Deprivation of rights does not exempt the mother from paying child support.
Restriction of inheritance rights. The child retains the right to the mother's inheritance, but the mother loses this right in relation to the child.
Social consequences. The decision may affect the mother's future employment, as information about the deprivation of rights may become available.
Possibility of restoring parental rights
According to Article 169 of the Family Code, parental rights can be restored if the mother proves that she has corrected her behaviour and created the appropriate conditions for raising the child. To do this, you need to:
- Submit an application to the court with evidence of changes in behaviour.
Provide documents confirming proper living and upbringing conditions.
Wait for the conclusion of the guardianship authority on the expediency of restoring rights.
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Termination of a mother's parental rights is a complex legal process that has serious consequences for both the mother and the child. The court always acts in the best interests of the child by evaluating the evidence and analysing the circumstances. To successfully resolve the case, it is important to act within the law, carefully prepare for the trial and seek the assistance of experienced lawyers.
