Publication date: 05.06.2024
lawyer, 23 years of experience in enforcement.
Who has the right to submit an application for renewal of parental rights.
Deprivation of parental rights indefinitely. Modern legislation allows renewal of parental rights. Since parental rights are revoked only in court, it is impossible to renew parental rights in court.
In this regard, in accordance with the first part of Article 169 of the Family Code of Ukraine (hereinafter referred to as the Family Code of Ukraine): the right to appeal the court decision on the establishment of parental rights belongs to the mother and the father, and the claim for the return of parental rights is filed by them.
But guardianship or guardianship authorities are not given such a right, these persons represent parents, grandmother, grandfather, health care institutions, children, therefore the court refuses to accept their applications (Article 185 of the Code of Civil Procedure of Ukraine).
For filing a claim of a non-property nature, a person pays a court fee in the amount of 0.4 times the subsistence minimum for able-bodied persons, determined 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).
The following are attached to the case materials:
- the court's decision on deprivation of parental rights is irreversible.
- checking the parents' living conditions;
- information about real estate objects located both at the workplace and at home;
- a doctor's certificate stating that the plaintiff underwent a course of treatment for alcohol addiction, is considered mentally healthy, etc.;
Other evidence of the correction of the claim or other circumstances that became the basis for the deprivation of parental rights;
The conclusion of the body of guardianship and guardianship and the statement on the possible renewal of the plaintiff's parental rights.
Parents who cannot renew their rights have a reason.
- If the child was adopted and the adoption was not canceled or recognized by the court as unconstitutional.
- In the event that an application for adoption and an application for renewal of parental rights are submitted to the court at the same time, these applications must be combined and considered as one proceeding (clause 7 of the resolution of the Plenum of the Supreme Court of Ukraine). No. 3 dated March 30, 2007 "On the practice of applying laws in cases of adoption and deprivation and replacement of parental rights").
- If the child has reached the age of majority at the time the case is being considered by the court (parts two and three of Article 169 of the Family Code of Ukraine).
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.
