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Grounds for removing a child from parents without depriving them of parental rights

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Sobianina Olena
Sobianina Olena
Lawyer
Ukraine / Odesa Oblast

i

Reading time: 5 minutes Total views: 87
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Publication date: 07.06.2024

lawyer, 23 years of experience in enforcement.

Family upbringing is the primary form of development of a child's personality.

 

Each parent is equally involved in the education, training and development of the child. Parents are obliged to raise children, take care of their health, physical, spiritual and moral development, education, create various conditions for the development of their natural abilities, respect the dignity of the child, prepare him for an independent life, and work.


In accordance with the first and third parts of Article 170 of the Family Code of Ukraine, the court may make a decision to remove a child from the home of the parents or one of them without depriving them of their parental rights in the following cases:
- father and mother shirk their responsibilities regarding raising the child and ensuring that he receives a full secondary education, respectively;
- father, mother harm the child.
- father, mother are alcoholics or drug addicts, respectively;
- Father, mother and child resort to various methods of exploiting the child, including forced begging and walking the child.


Other cases are related to the risk of harm to the life, health or moral development of the child if the parents cannot take care of the child.


Non-participation of parents in the development, upbringing and preparation of children for independent life is one of the primary reasons for this phenomenon.
1. Failure to provide the necessary nutrition, medical care and treatment of the child, which will negatively affect its physical development in the process of upbringing;
2. Do not talk to the child as much as is necessary to recognize his typical self-consciousness.
3. Do not allow the child to study the culture or other religious belief.
4. do not help her learn generally accepted standards of morality.
5. do not pay attention to her personal emotions;
6. Don't create a learning environment for her.


In the event that the legal representatives of children deprived of parental care and orphans fail to fulfill their duties regarding the upbringing and maintenance of the child as a result of the presence of the legal representatives in the territory of hostilities or in temporary occupation, these children are considered missing or recognized as having been absent . absent under special circumstances. These children are prisoners of war (held captive by the aggressor state). In addition, these children are deprived of personal freedom (taken hostage by the aggressor state).

 

The legal service "Consultant" will select a lawyer or an attorney who will conduct a legal analysis of the situation, form an appropriate procedural document (application, statement of claim, petition, etc.), and also help in collecting the evidence base for the most effective resolution of the issue. Service specialists will accompany the process from the beginning to the execution of the court decision. They will also provide advice and help in solving such issues as: Preparation of amicable settlement with the creditor, Arrest for inviolability, removal of seizure from real estate and funds, Removal of attachment from real estate, bankruptcy of an individual, debt reduction, etc.

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