Publication date: 05.06.2024
lawyer, 23 years of experience in enforcement.
Termination of parental rights is a penalty in family law that applies to parents when they cannot fulfill their responsibilities towards their children. He can be employed only in courts and under the conditions specified by the Family Code of Ukraine.
Art. 164 of the Family Code of Ukraine, parents may be deprived of parental rights by the court if they:
1. the child was not discharged from the maternity ward of a hospital or other health care institution without valid reasons and did not show parental care to him for six months.
2. neglect their duty to raise a child and/or ensure that the child receives a full general secondary education;
3. disrespect for the child;
4. are permanent alcoholics or drug addicts.
5. resort to any kind of exploitation of children, force them to beg and wander.
6. found guilty of committing criminal intentional acts against a child.
2. Parents may be deprived of parental rights based on the provisions of the first part of the article only when they reach the age of majority.
3. One of the parents may be deprived of parental rights for all or only one child.
4. When deciding the issue of deprivation of parental rights, the court takes into account the information on the maintenance of the family (personal maintenance) in the case of such maintenance.
5. If the court recognizes the presence of a criminal offense in the actions of the parents or one of them, it shall notify the pretrial investigation body of this in writing. This will allow to start a pre-trial investigation in the manner specified by the Criminal Procedure Code of Ukraine.
6. Court decision on deprivation of parental rights, after execution of which the court sends the registration of the child's birth to the state civil status department.
Disputes about the jurisdiction of cases of deprivation of parental rights of immigrants. In accordance with Article 2 of the Law of Ukraine "On Private International Law" on the interpretation of private international law, this Law especially concerns the jurisdiction of Ukrainian courts in cases with foreign composition.
If an international treaty of Ukraine provides for principles other than those specified in this Law, the principles of this international treaty shall apply (Part 1, Article 3 of the Law of Ukraine "On Private International Law").
The content of the second part of Article 3 of the CPC indicates that the rules on jurisdiction contained in international treaties have priority over the domestic law that governs them.
Today, the dispute regarding jurisdiction is resolved by Art. 497 of the Civil Code of Ukraine, which is based on the provisions of this Code regarding the jurisdiction of the courts of Ukraine in civil cases that have a foreign composition, is the basis of the binding nature of the contract, which derives from the Verkhovna Rada of Ukraine.
Perhaps, in a limited number of cases, paragraph 2 of the same article helps our citizens and courts in recognizing the proper jurisdiction of cases with a foreign composition. 76, which provides the legality of retrial of the case in a Ukrainian court, if the defendant is or has a place of residence or work in Ukraine.
Article 77 of the Law describes situations in which only Ukrainian courts are subject to cases that have a foreign composition, it indicates that the Ukrainian legislator in this area is tied to the place of residence of children and their parents, is responsible before the court for the legal relationship between them.
Thus, from the norms of the special law, it can be concluded that the only way out available to the Claimant, who is a citizen of Ukraine, is to appeal to the Ukrainian court with a complaint against one of the parents, who is a foreigner, this can happen when the Defendant has a permanent place of residence in Ukraine or a location on its territory.
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.
