Publication date: 05.06.2024
lawyer, 23 years of experience in enforcement.
Grounds for depriving parents of their rights:
Parental rights can be revoked only by court order, no other procedures are provided.
A mother or father can be deprived of parental rights for all children or one of them.
According to Article 164 of the Family Code of Ukraine, a mother and father may be deprived of parental rights if they commit the following acts:
1. The child was not taken from the maternity hospital or other medical institution and was not under the care of the parents (without valid reasons) within six months;
2. shirking the responsibilities of raising a child and/or ensuring that he/she obtains a full general secondary education;
3. Cruel treatment of a child (use of physical or mental violence, illegitimate methods of education, insult to the human dignity of children, etc.);
4. Long-term abuse of alcohol or drugs (these facts must be confirmed by appropriate medical reports);
5. Any form of child exploitation (for example, forced to do hard work, engaging in prostitution or criminal activity), forced to beg and vagrancy;
6. Convicted of intentional crimes against children.
Who cannot be deprived of parental rights
There are no grounds for depriving parents of their rights if they commit a criminal offense due to negligence (for example, accidentally harming a child's health while playing, doing work, etc.).
If one of the parents fails to fulfill his parental duties due to mental illness, lack of judgment, a long-term business trip, or the parent with whom the child lives creates obstacles, the parents cannot be deprived of their rights by decision of the plenary session. . No. 3 of the Supreme Court of Ukraine dated March 30, 2007 "On the practice of the application of legislation by courts when considering cases of adoption, deprivation and renewal of parental rights."
According to the second part of Article 164 of the Family Code of Ukraine, a person may not be deprived of parental rights until he reaches the age of majority on the basis of evasion of duties regarding the upbringing and (or) education of children, chronic alcoholism or drug abuse, or resort to any type of child exploitation.
Procedure for deprivation of parental rights
Deprivation of parental rights is allowed only for children under 18 years of age. To revoke parental rights, the following steps must be taken:
1. To establish that the person knowingly violated parental duties, maliciously did not fulfill the requirements and recommendations of guardianship and guardianship authorities, provided services to minors, deliberately evaded treatment (chronic alcoholism, drug addiction, drug addiction) and gathered all the necessary companions. evidence;
2. Contact the body of guardianship and guardianship to obtain an opinion on the conditions of living and upbringing of the child, the behavior of the parents, their relationship with the child and the attitude towards the fulfillment of parental duties. Relationships (Document: Application for providing an opinion on the necessity of deprivation of parental rights (Body of guardianship and custody).docx; File: Statement on the necessity of deprivation of parental rights (OMS).docx);
3. Submit to the court a claim for deprivation of parental rights (document sample: Brief information on deprivation of parental rights.docx) and receive a court decision based on the results of the review.
After entering into legal force, the court's decision on the deprivation of parental rights is sent to the body of state registration of civil status acts at the place of registration of the child's birth.
A qualified lawyer or lawyer of the Legal Service "Consultant" will provide a qualified legal analysis of the situation and help in drawing up the necessary documents. The services of a lawyer services of a lawyer in the preparation and submission of documents in the category of family legal relations are quite essential. The court proceedings in the specified category of cases can be difficult and long-lasting, in connection with which the services of a lawyer in accompanying such cases are absolutely necessary.
