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Termination of parental rights

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PREMIUM 48.38
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Khyzhavska Olesia Yaroslavivna
Lawyer
Ukraine / Khmelnytskyi Oblast
Khyzhavska Olesia Yaroslavivna

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Publication date: 09.05.2024

I constantly strive to develop and acquire new knowledge, my experience and additional education confirm this.

    Relationships between parents and children play an important role in the formation of the child's personality, his psychological and emotional development, as well as in establishing mutual understanding and mutual respect in the family.

    Failure to fulfill parental duties can be one of the grounds for deprivation of parental rights. This includes a wide range of actions or omissions that may harm or endanger a child.

    Some of these may include:

    1. Failure to provide adequate care and living conditions: This means that the parents do not provide the child with adequate food, shelter, clothing, education or medical care.

    2. Physical or emotional abuse or depersonalization: This includes any form of physical, emotional or psychological abuse of a child, such as beating, using insults, belittling, humiliating, etc.

    3. Unwillingness or inability to raise the child: This may include the lack of interest or ability of the parents to create a safe and stable environment for the child, including raising him in a negative environment.

   4. Failure to comply with court decisions or other legal requirements: if parents do not comply with the terms of court decisions regarding the child, this may be considered as grounds for deprivation of parental rights.

    5. Lack of contact with the child for a long period of time: If the parents do not maintain contact with the child without valid reasons for a long period of time, this may also be considered as grounds for deprivation of parental rights.Deprivation of parental rights is a serious measure that is taken only in cases of serious breach of duties by parents or danger to the child.

  The procedure for deprivation of parental rights, the procedure for deprivation of parental rights establishes:

   1. Filing a lawsuit: any interested person can file a lawsuit in court for the deprivation of parental rights. This can be the child's other parents, a guardian or custodian, a social protection agency, or a state agency that provides legal aid.

   2. Court review: the court considers the claim and decides whether there are sufficient grounds for deprivation of parental rights. Both parents can participate in the case, if possible.

   3. Evidence: during the consideration of the case, the court takes into account all the presented evidence related to the grounds for deprivation of parental rights. This may include testimony, documents, expert opinions and other evidence.

   4. Court decision: if the court makes a decision on deprivation of parental rights, it issues a corresponding decision. The court's decision can be appealed and can be challenged by higher authorities.

    5. Execution of the decision: after the decision on the deprivation of parental rights, the relevant body (for example, the service for children's affairs) takes measures to implement it, in particular, to determine the custody of the child.

    In the event that the court decides that failure to fulfill parental responsibilities poses a serious threat to the well-being of the child, it may make a decision to deprive the child of parental rights or appoint other protective measures for the child.

    Deprivation of parental rights grounds, also known as termination of parental rights, is a serious legal process that severs the legal relationship between a parent and their child.

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