Deprivation of parental rights: the procedure for submitting a claim to the court

PRO 71.56

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Sobianina Olena

Lawyer

Ukraine / Odessa region

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Publication date: 05.06.2024

lawyer, 23 years of experience in enforcement.

Court consideration of a claim for deprivation of parental rights

The court considers cases of deprivation of parental rights based on a claim:

1.    of one of the parents, guardian, custodian, the person in whose family the child lives;

2.    the health care institution, educational or other children's institution in which she is staying;

3.    guardianship and guardianship body;

4.    the prosecutor;

5.    of the child himself who has reached the age of fourteen.

When the case is considered by the court, the participation of the guardianship body is mandatory, which submits a written opinion to the court regarding the circumstances of the case.

At the same time, such a conclusion is not binding on the court and it may disagree with it if it considers that it is insufficiently substantiated or contrary to the interests of the child.

·        If the court, during consideration of the case of deprivation of parental rights, finds signs of a criminal offense in the actions of the parents or one of them, it shall notify the pre-trial investigation body in writing, which shall initiate a pre-trial investigation in accordance with the procedure provided for by the Criminal Procedure Code of Ukraine.

When making a decision on the deprivation of parental rights, the court takes into account information on the implementation of social support for the family (person) in the event of such support. A child who can express his opinion must be heard in the resolution of a dispute about the deprivation of parental rights. The court has the right to issue a decision contrary to the child's opinion, if the child's interests require it.

In accordance with the first part of Article 170 of the Family Code of Ukraine, the court may make a decision to remove the child from the parents or one of them, without depriving them of parental rights, in cases where the parents:

·        shirk their responsibilities to raise a child;

·        mistreat the child;

·        are chronic alcoholics or drug addicts;

·        resort to any kind of exploitation of the child, force him to beg and wander;

·        in other cases, if leaving the child with them is dangerous for his life, health and moral education.

In this case, the child is transferred to one of the parents, grandmother, grandfather, other relatives - according to their wishes or guardianship and care.

The fact that a preventive measure in the form of detention is applied to one of the parents, which makes it impossible for him to fulfill his parental duties, is not an unconditional basis for the deprivation of his parental rights (Decision of the Supreme Court of June 8, 2022 in case No. 362/4847/20) .

Jurisdiction of the case

As a general rule, cases of deprivation of parental rights of a father or mother are considered by the local court at the registered place of residence or stay of the parent (defendant) whose rights are to be deprived.

If the person who files a claim to the court for the deprivation of parental rights supplements the claims by collecting or changing the amount of alimony, then the application can be submitted to the court at the registered place of residence or stay of the claimant.

Lawsuits against one of the parents who want to be deprived of parental rights, whose registered place of residence or stay is unknown, are filed according to the location of his property or according to the last known registered place of his residence or stay or his permanent occupation (work).

A statement of claim for the deprivation of parental rights of both parents who live or are in different places is presented at the place of residence or the location of one of them at the choice of the plaintiff.

The price of filing a claim

For filing a claim of a non-property nature, a person shall pay a court fee in the amount of 0.4 of the subsistence minimum for able-bodied persons established by law on January 1 of the calendar year in accordance with the Law of Ukraine "On Court Fees" (in 2024 - UAH 1,211.20).

According to Part 1, 2 of Article 8 of the Law of Ukraine "On Court Fees", the court may exempt from paying the court fee on the grounds, in particular, when a person acting in the interests of minors or minors applies to the court.

Documents submitted to the claim

The following are attached to the statement of claim:

·        child's birth certificate;

·        marriage certificate or divorce certificate (court decision on divorce);

·        power of attorney to represent the interests of the child (if the lawsuit is filed by the guardianship council or an educational/medical institution);

·        act of inspection of household and living conditions at the address of the child's residence;

·        conclusion of the body of guardianship and care about the validity of filing a lawsuit;

·        court decision on the collection of alimony (if the defendant was previously charged with such obligations);

·        information from the executive service about the existence of debt for alimony payments, violation of executive proceedings, criminal proceedings;

·        certificate from the educational institution (that the child's father did not take the child away, was not interested in the child's physical, spiritual, moral development);

court verdict (if the defendant was convicted of evading the payment of alimony, beating a child, improper performance of parental duties, etc.);

·        information from police authorities about facts of ill-treatment of a minor or another family member;

·        a certificate from a drug addiction treatment facility that the defendant has alcoholism, drug addiction;

·        explanations, testimony;

·        audio, photo, video files;

·        court fee payment receipt.