Publication date: 05.06.2024
lawyer, 23 years of experience in enforcement.
Procedure for court consideration of a case on restoration of parental rights.
The request for renewal of parental rights is recognized by the court as legitimate, even if the time of making a decision on deprivation of parental rights came later than the actual time of deprivation. It can be months, or even years, since the law does not specify a minimum period of appeal to the court after the deprivation of parental rights.
Cases on the renewal of parental rights are considered in the order of civil proceedings in the general procedure at the place of residence or work of the defendant, in this process the claim is defined by Article 175 of the Civil Code of Ukraine. The procedure of Ukraine is observed.
The plaintiff is a person who was deprived of parental rights, the defendant is the second parent with whom the child lives, or guardians who look after the child, if another person is taking care of the child, third parties who are related to the child may be involved or persons who take care of her, as well as the body of guardianship and guardianship. This person must provide an opinion on this matter. Based on the court's decision, the governing body must determine whether parental rights can be restored. However, the court may not agree with the conclusion of the guardianship authority, if the latter is insufficiently substantiated and does not take into account the interests of the children.
It is important to add to the lawsuit evidence that confirms the facts and motivates the renewal of parental rights, the purpose of which is to certify the correction of the victim's behavior or to confirm that there are no grounds for removing the latter from his parents. CONTROL. The court monitors the extent to which the behavior of the person deprived of parental rights has changed, as well as the circumstances that led to the deprivation of parental rights, and makes a decision based on the interests of the child.
In particular, the following situations may be considered by the court:
Payment of alimony is entrusted to the plaintiff, in connection with which the court simultaneously determines the amount of money to be paid for the child (Article 166 of the Civil Code of Ukraine).
Restoration of communication with the child and participation in the educational and developmental process;
• care for sick relatives;
• Adequate housing;
• employment and availability of permanent income;
• whether the plaintiff wanted to see the child.
When considering the issue of renewal of parental rights of one of the parents, the court takes into account the opinion of the other parent, as well as the opinion of the child, if she is able to express it. Article 171 of the Civil Code of Ukraine establishes that the child must be heard when deciding issues of upbringing, residence and other issues related to his development, including in a dispute between parents about the deprivation of their parental rights, renewal of their rights or deprivation of their rights. The court has the right to make a decision that differs from the child's opinion if the child's interests require it.
The court's decision on the renewal of parental rights after entering into legal force is sent to the body of state registration of acts of civil status on the birth of a child. Parents who have been reinstated in their rights take on their parental duties and rights again.
In the case of refusal to satisfy the claim for restoration of parental rights, re-applying with an application for restoration of parental rights is possible after the expiration of one year from the date of the court ruling on the claim.
In Clause 19 of the resolution of the Plenum of the Supreme Court of Ukraine of March 30, 2007 No. 3 "On the practice of applying legislation by courts in the consideration of adoption cases and on the deprivation and restoration of parental rights", the definition of adoption includes: The concept that persons deprived of parental rights have the right to appeal to the court with a claim for renewal of one's rights. Analyzing these cases, the courts are obliged to assess the extent to which the person's behavior and circumstances have changed, which led to the deprivation of parental rights. When deciding on the renewal of parental rights of one of the parents, the court takes into account the opinion of the other parent, as well as the persons with whom the child lives, all these circumstances are taken into account when the court renders a decision.
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.
