Publication date: 13.05.2024
Deprivation of parental rights: protection of the child's interests
Parenthood is not only the joy of raising children, but also a huge responsibility towards them and society. Unfortunately, there are cases when parents grossly violate their duties, which can lead to the deprivation of their parental rights. This extreme measure is used when other methods of protecting the child's rights are ineffective.
Grounds for deprivation of parental rights
According to the Family Code of Ukraine, there are several grounds for deprivation of parental rights:
1. Avoidance of parental responsibilities: this can be manifested in the absence of care for the child, leaving it unattended, failure to fulfill obligations to ensure the vital needs of the child, etc.
2. Cruel treatment of a child: physical or psychological violence, exploitation, humiliating treatment that harms the child's physical or mental health.
3. Chronic alcoholism or drug addiction of parents: which negatively affects their performance of parental duties.
4. Committing an intentional crime against a child: it can be bodily harm, rape, exploitation, etc.
It should be noted that the list of grounds is not exhaustive, and the court may recognize other cases as sufficient for deprivation of parental rights if they are contrary to the interests of the child.
Procedure for deprivation of parental rights
The procedure for deprivation of parental rights is initiated by filing a lawsuit in court. A lawsuit can be filed by one of the parents, a guardian or custodian of a child, a guardianship and guardianship authority, a prosecutor, as well as a child who has reached 14 years of age.
During the consideration of the case, the court carefully studies all the circumstances and evidence, listens to witnesses, experts, representatives of guardianship and guardianship authorities. Special attention is paid to the child's opinion, if it has reached such an age and level of development that it can express it.
A decision on the deprivation of parental rights grounds is made if the court recognizes that leaving the child with the parents threatens his normal physical and mental development.
Consequences of deprivation of parental rights
Deprivation of parental rights has serious consequences for the parents and the child:
1. Parents lose the right to the personal upbringing of the child, communication with him, solving the issues of his life.
2. Parents are released from the obligation to support the child, but retain the obligation to pay alimony.
3. Personal non-property rights of parents and children (right to surname, inheritance, etc.) are terminated.
4. The child may be transferred to be raised by other persons or to a children's institution.
Termination of parental rights is not automatically revoked, even if the parents have made amends and wish to restore their relationship with the child. For this, it is necessary to apply to the court with a claim for the restoration of parental rights.
Conclusions
Deprivation of parental rights is an extreme measure that is used only in cases where there is a real threat to the life, health and normal development of the child. This procedure protects the interests of children from neglectful or abusive parents, ensuring that they can grow up in a safe and supportive environment.
At the same time, the state must make every effort to support families and prevent situations that could lead to deprivation of parental rights. Preventive work, social assistance and psychological support can help preserve families and avoid children becoming separated from their parents.
