Publication date: 19.05.2024
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Grounds for renewal of parental rights
Restoring parental rights in Ukraine is a legal procedure that allows parents deprived of such rights to regain them in accordance with the procedure established by law. This process is regulated by Article 169 of the Family Code of Ukraine.
Restoration of parental rights is possible under the following conditions:
1. Change of circumstances: parents must prove that the circumstances that became the basis for the deprivation of their parental rights have changed or have been eliminated.
2. Willingness and ability to fulfill parental responsibilities: parents must prove that they intend and are able to properly fulfill their responsibilities regarding the upbringing and maintenance of the child.
3. The interests of the child: the restoration of parental rights must be in the interests of the child.
The procedure for restoring parental rights
Submitting an application to the court
1. An application for restoration of parental rights is submitted by the parent who was deprived of rights.
2. The application is submitted to the district (city) court at the place of residence or stay of the child.
Content of the statement
1. The application must state the grounds for restoring parental rights.
2. The application is accompanied by evidence that confirms the change in circumstances and the possibility of fulfilling parental responsibilities (for example, income certificates, characteristics from the workplace, evidence of housing conditions, etc.).
Consideration of the case in court
1. The court considers the application in the manner of civil proceedings.
2. During the consideration of the case, the court may request the opinion of the guardianship authority.
3. The court can also listen to the opinion of the child, if he has reached the age when he can express his opinion (usually it is 10 years and older).
Judgment
1. The court makes a decision on the restoration of parental rights if it determines that it is in the best interests of the child.
2. If the decision is positive, parental rights are restored, and parents can once again fulfill their responsibilities towards the child.
Important aspects
The court is always guided by the principle of the best interests of the child. If the restoration of rights does not meet the interests of the child, the court may refuse to grant the application. Guardianship and guardianship authorities participate in the process and provide the court with their opinion on the expediency of restoring parental rights. The court's decision can be challenged in the appeal procedure.
Conclusion
Restoring parental rights in Ukraine is a complex process that requires proof of a change in circumstances, willingness and ability to fulfill parental duties, as well as compliance with the child's interests. The court carefully considers all the circumstances of the case and makes a decision that best meets the interests of the child.
Contact an attorney who specializes in family law for advice. He will help you understand your rights, discuss your situation and options for restoring parental rights. Work with your attorney to determine what documents you need to gather in order to file a lawsuit to restore parental rights. This can include a passport, a child's birth certificate, documents proving your ability to provide for a child, etc. Together with a lawyer, prepare a lawsuit to the court, which will state all the facts confirming your right to restore parental rights.
