✅ Deprivation of parental rights

Deprivation of parental rights

Deprivation of parental rights in Ukraine

Mother, father can be deprived of parental rights by the court. The law of Ukraine defines the grounds for deprivation of parental rights.

Grounds for deprivation of parental rights in Ukraine

The following actions are considered grounds for depriving parents of parental rights

  • did not take the child from the maternity hospital or other health care institution without a valid reason and did not show parental care for him for six months;
  • shirk their responsibilities for raising a child;
  • abuse the child;
  • are chronic alcoholics or drug addicts;
  • resort to any kind of exploitation of the child, force him to begging and vagrancy;
  • convicted of an intentional criminal offense against a child;
  • mother, father may be deprived of parental rights on the grounds established by paragraphs 2, 4 and 5 of the first part of this article, only if they reach the age of majority;
  • mother, father may be deprived of parental rights in relation to all of their children or some of them.

When deciding on 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.

If the court, when considering a case on deprivation of parental rights, discovers signs of a criminal offense in the actions of the parents or one of them, it shall notify the pre-trial investigation body of this in writing, which, in the manner prescribed by the Criminal Procedure Code of Ukraine, begins the pre-trial investigation.

After the entry into force of the court decision on the deprivation of parental rights, the court sends it to the state registration body for acts of civil status at the place of registration of the birth of the child.

Features of deprivation of parental rights in Ukraine

Despite the fact that parental rights are personal non-property rights, and therefore have an inalienable character, in exceptional cases, having and / or a father may be deprived of parental rights. The features of the institution of deprivation of parental rights are:

  1. Deprivation of parental rights is an extreme measure of influence on the parents of the child and is allowed only when leaving the child with the parents does not meet his interests.
  2. Parents can be deprived of parental rights only in relation to a child under eighteen years of age, since a person who has reached the age of eighteen does not need education and maintenance from parents (except in cases established by law), but on the contrary, the obligation to take care of their parents (Article 172 SK).
  3. UK allows the restoration of parental rights.
  4. The only body authorized to make a decision on deprivation of parental rights is the court.
  5. The issue of deprivation of parental rights should be based on an assessment of the personality of the mother or father, deprivation of parental rights and his behavior.

Part 1 of Art. 164 of the UK established an exhaustive list of grounds for deprivation of parental rights. Such grounds may be that the parents or one of them did not take the child from the hospital or another health care institution without a valid reason and did not show parental care for him for six months.

As a general rule, parents are obliged to pick up the child from the maternity hospital or other health care institution, however, Part 3 of Art. 143 The UK allows the possibility of leaving the child by the parents in such an institution if it has significant disabilities in physical and (or) mental development, as well as in the presence of other circumstances of significant importance;

  • shirk their responsibilities for raising a child.

Avoiding parenting in Ukraine

According to clause 16 of the resolution of the Plenum of the Supreme Court of Ukraine “On the practice of law enforcement by courts when considering cases of adoption and deprivation and restoration of parental rights”, parents’ avoidance of their duties occurs when they do not care about:

  • physical and spiritual development of the child, his education, preparation for an independent life, in particular: do not provide the necessary nutrition, medical care, treatment of the child, negatively affects his physical development as a component of education;
  • do not communicate with the child to the extent necessary for her normal self-awareness;
  • do not give the child access to cultural and other spiritual values;
  • do not contribute to her assimilation of generally recognized moral norms;
  • show no interest in his inner world;
  • do not create conditions for their education.

These factors, both individually and in aggregate, can be regarded as evasion from the upbringing of a child only under the condition of the guilty behavior of the parents, their deliberate neglect of their duties.

The legal position of the Supreme Court is that evading the fulfillment of their responsibilities for raising a child can be grounds for deprivation of parental rights only on condition of the guilty behavior of the parents, their deliberate neglect of their duties (Supreme Court decision of March 13, 2019 in case No. 631/2406 / 15-p. Http://www.reyestr.court.gov.ua/Review/80487429

Guilty Parental Behavior in Ukraine

Parental guilty behavior means that the mother or father:

  • cruel treatment of a child (according to paragraph 16 of the same decree, cruel treatment consists in physical or mental violence, the use of unacceptable methods of upbringing, humiliation of the child’s human dignity, etc.);
  • are chronic alcoholics or drug addicts (in accordance with clause 16 of the aforementioned decree, chronic alcoholism of parents and their drug addiction diseases must be confirmed by appropriate medical reports)
  • resort to any kind of exploitation of the child, forcing him to begging and vagrancy (as exploitation of a child, one should consider bringing him to backbreaking work, prostitution, criminal activity, or coercion into begging, paragraph 16 of the cited resolution);
  • convicted of an intentional criminal offense against a child.

A minor mother, father may be deprived of parental rights only on the grounds established by paragraphs 1, 3 and 6 of Part 1 of Art. 164 SK.

Who can not be deprived of parental rights in Ukraine

It is impossible to deprive the parental rights of a person who does not fulfill his parental duties due to mental illness, dementia or other serious illness (except for chronic alcoholism or drug addiction), or for other reasons beyond his control (clause 17 of the aforementioned resolution of the Plenum of the Supreme Court of Ukraine).

Deprivation of parental rights in relation to one individual child in Ukraine

Part 3 of Art. 164 The UK allows deprivation of parental rights both in relation to all children and separately in relation to any of the children.

This situation can occur in the case of:

  • when the parents did not take one or more of their children from the maternity hospital or from another health care institution without a valid reason and did not show parental care for him or them for six months;
  • shirk their responsibilities to raise one of their children or several of them; abuse one of their children or several of their children;
  • resort to any kind of exploitation of one or more of their children, force her or them into begging and vagrancy;
  • convicted of an intentional felony of one or more of their children.

Social support in Ukraine

Part 4 of Art. 164 of the SK provides for the need for the court to take into account the information on the implementation of social support for the family (person) in the event of such support.

Social support is a type of social work aimed at the implementation of social care, assistance and patronage of socially unprotected categories of children and youth in order to overcome life difficulties, preserve, improve their social status (Article 1 of the Law of Ukraine “On Social Work with Families, Children and Youth “And” On social work with families, children and youth “- Law of Ukraine dated June 21, 2001 No. 2558-III. Https://zakon.rada.gov.ua/laws/show/2558-14)

The mechanism for identifying families (persons) who are in difficult life circumstances, the provision of social services to them and the implementation of social support for such families (persons) is established by the Procedure for identifying families (persons) who are in difficult life circumstances, the provision of social services to them and the implementation of social support such families (persons) (On approval of the Procedure for identifying families (persons) who are in difficult life circumstances, the provision of social services to them and the implementation of social support for such families (persons): Resolution of the Cabinet of Ministers of Ukraine dated November 21, 2013 No. 896. https: / /zakon.rada.gov.ua/laws/show/896-2013-p

The mechanism of interaction between subjects providing social services and subjects of social work with families, children and youth in the implementation of activities to identify families with children, may find themselves in difficult life circumstances, the provision of social services and the implementation of social support for families (persons) who are in difficult life circumstances, established by the Procedure for interaction of subjects of social support of families (persons) who are in difficult life circumstances (On approval of the Procedure for interaction of subjects of social support of families (persons) who are in difficult life circumstances: Resolution of the Cabinet of Ministers of Ukraine dated November 21, 2013 No. 895. https://zakon.rada.gov.ua/laws/show/895-2013-%D0%BF#Text

Pre-trial investigation and its findings in Ukraine

If the court, when considering a case on deprivation of parental rights, discovers signs of a criminal offense in the actions of the parents or one of them, it shall notify the pre-trial investigation authority in writing, which, in accordance with the procedure provided for by the Criminal Procedure Code of Ukraine (Criminal Procedure Code of Ukraine: Law of Ukraine dated April 13 2012 No. 4651-VI. Https://zakon.rada.gov.ua/laws/show/4651-17, begins pre-trial investigation in accordance with the established rules of jurisdiction.

The decision of the court on the deprivation of parental rights after its entry into legal force is sent by the court of the state registration body for acts of civil status at the place of registration of the birth of the child.

According to clause 2.16.5 of the Rules for amending the civil status records, their restoration and cancellation (On the approval of the Rules for making changes to the civil status records, their restoration and cancellation: order of the Ministry of Justice of Ukraine dated January 12, 2011 No. 96/5. : //zakon.rada.gov.ua/laws/show/z0055-11#Text information on the deprivation of parental rights is entered in the hard copy of the civil status act and the State Register of Civil Status Acts on the day of receipt of a copy of the relevant court decision in the state registration department acts of civil status or on the day of its presentation by the person specified in the court decision, or by a person authorized by him.

A person deprived of parental rights:

  • loses personal non-property rights to the child and is released from the duties of raising him;
  • ceases to be the child’s legal representative;
  • loses the right to benefits and state benefits provided to families with children;
  • cannot be an adoptive parent, guardian and trustee;
  • cannot receive in the future those property rights related to paternity that she could have had in the event of her incapacity for work (the right to maintenance from a child, the right to a pension and compensation for harm in case of loss of a breadwinner, the right to inheritance);
  • loses other rights based on relationship with the child.

A person deprived of parental rights is not released from the obligation to support the child.

Upon satisfaction of the claim for deprivation of parental rights, the court simultaneously makes a decision on the recovery of alimony for the child.

If the mother, father or other legal representatives of the child refuse to receive alimony from a person deprived of parental rights, the court decides to transfer the alimony to the child’s personal account in the branch of the State Savings Bank of Ukraine and obliges the mother, father or other legal representatives of the child to open the specified personal invoice within a month from the date of entry into force of the court decision.

The legal consequences of a court decision on deprivation of parental rights are determined by Part 1 of Art. 166 SK.

These consequences are:

  • loss of personal non-property rights in relation to the child and release from responsibilities for his upbringing;
  • termination of relations of representation based on the law;
  • loss of the right to benefits and state benefits provided to families with children;
  • inability to be an adoptive parent, guardian and trustee;
  • the inability to obtain in the future those property rights related to paternity that a person could have had in the event of his incapacity for work (the right to maintenance from a child, the right to a pension and compensation for harm in case of loss of a breadwinner, the right to inheritance);
  • loss of other rights based on relationship with the child.

The legal consequences of deprivation of parental rights are provided for by other acts of legislation, in particular, in accordance with Part 2 of Art. 1224 of the Civil Code do not have the right to inherit by law parents after a child in respect of whom they were deprived of parental rights and their rights were not restored at the time of opening the inheritance.

Parents who have been deprived of parental rights do not have the right to maintenance from their daughter, son, in relation to whom they have been deprived of parental rights (part 2 of article 202 of the UK).

In case of deprivation of parents of parental rights or the removal of a child without deprivation of parental rights, the court simultaneously imposes a ban on the alienation of property and housing of children, about which it informs the notary at the location of the property and housing (part 4 of article 17 of the Law of Ukraine “On Child Protection”),

Deprivation of parental rights does not release a person from the obligation to support a child.

Child support in Ukraine

The legislator imposes on persons deprived of parental rights and other obligations, in particular, according to the provisions of Art. 1183 of the Civil Code, parents are obliged to compensate for the harm caused by a child in respect of whom they have been deprived of parental rights, within three years after the deprivation of their parental rights, if they do not prove that this harm is not a consequence of their failure to fulfill their parental responsibilities.

When the claim for deprivation of parental rights is satisfied, the court simultaneously makes a decision on the recovery of alimony for the child, even if such claims were not made by the plaintiff.

In case of refusal to satisfy the claim for deprivation of parental rights and the plaintiff’s failure to declare a claim for the recovery of alimony, there are no grounds for recovering alimony from a person who is not deprived of parental rights, no (see the Resolution of the Supreme Court of October 24, 2018 in case No. 607/16396 / 14-c .http: //www.reyestr.court.gov.ua/Review/77586682

If the mother, father or other legal representatives of the child refuse to receive alimony from a person deprived of parental rights, the court decides to transfer the alimony to the child’s personal account in the branch of the State Savings Bank of Ukraine and obliges the mother, father or other legal representatives of the child to open the specified personal account in one month from the date of entry into force of the court decision.

Renewal of parental rights in Ukraine

Mother, father, deprived of parental rights, have the right to go to court with a claim for the restoration of parental rights:

  • The renewal of parental rights is not possible if the child was adopted and the adoption was not canceled or invalidated by the court.
  • The renewal of parental rights is impossible if the child has reached the age of majority at the time the case is being considered by the court.
  • The court examines how much the behavior of the person deprived of parental rights has changed, and the circumstances that were the basis for the deprivation of parental rights, and makes a decision in accordance with the interests of the child.
  • When deciding the case on the restoration of the parental rights of one of the parents, the court takes into account the opinion of the other parent, other persons with whom the child lives.
  • The court shall forward the decision of the court on the restoration of parental rights after its entry into legal force to the body of state registration of acts of civil status at the place of registration of the birth of the child.

Claim for restoration of parental rights in Ukraine

If the claim for the restoration of parental rights is rejected, re-filing a claim for the restoration of parental rights is possible only after one year has passed since the entry into force of the court’s decision on such a rejection.

The deprivation of parental rights of one or both parents is not an irreversible process, since the UK provides for the possibility of going to court with a claim for the restoration of parental rights.

As noted in the scientific literature, the defendant in such a claim is “the parent with whom the child lives, or the guardianship and guardianship authority, if the child is raised by another person.”

Only a person deprived of parental rights can file a claim for the restoration of parental rights.

Another feature of disputes in cases of the restoration of parental rights is that in the consideration of the relevant disputes by the court, the participation of the guardianship and guardianship authority, represented by a proper legal entity, is mandatory (part 4 of article 19 of the SK).

When parental rights cannot be restored in Ukraine

In the case of the adoption of a child, the restoration of parental rights is impossible, however, the UK allows for the possibility of invalidating the adoption (Article 236 of the UK) and canceling the adoption (Article 238 of the UK), in which case the restoration of parental rights is possible.

If the child has reached the age of majority at the time of the court hearing, the restoration of parental rights is impossible.

Thus, taking into account the duration of the judicial review of the dispute in Ukraine, the plaintiff should apply to the court with a corresponding claim in advance.

Possibility of restoring parental rights in Ukraine

When considering the case on the restoration of parental rights, the court checks how much the behavior of the person deprived of parental rights has changed, and the circumstances that were the basis for the deprivation of parental rights, and makes a decision in accordance with the interests of the child.

It turns out that positive changes in a person’s behavior should take some time and should not be short-term.

Thus, in case No. 6-26773sk15, the mother was renewed in parental rights, since she was characterized positively at the place of residence, was not registered with a narcologist and psychiatrist, and was not brought to criminal responsibility. The prerequisite of the regional state administration has determined that it is expedient to renew the parental rights of a mother in relation to a minor child (resolution of the High Specialized Court of Ukraine for the consideration of civil and criminal cases of December 10, 2015 in case No. 6-26773sk15.

http://www.reyestr.court.gov.ua/Review/54596671.

Part 5 of Art. 169 of the UK established the need to take into account the opinion of the other parent, other persons with whom the child lives.

The very same child, can express his opinion, must be heard in the decision between parents, other persons of the dispute on the restoration of parental rights by virtue of the prescriptions of Part 2 of Art. 171 SK.

The decision of the court on the restoration of parental rights after its entry into legal force is sent by the court of the state registration authority for acts of civil status at the place of registration of the birth of the child.

In accordance with clause 2.16.5 of the Rules for Amending Civil Status Records, Their Restoration and Cancellation, information on the restoration of parental rights is entered into the hard copy of the civil status record and the State Register of Civil Status Acts on the day of receipt of a copy of the relevant court decision to the Department of State Registration of Acts civil status or on the day of its presentation by the person specified in the court decision, or by a person authorized by him.

The stimulating function is fulfilled by the rule that it is impossible to go to court with a claim for the restoration of parental rights within one year from the date of entry into force of the court decision on such a refusal.

This provision forces parents to prepare carefully for filing a claim, especially if there is little time left before the child reaches the age of eighteen.

Useful site materials advokat-skriabin.com:

  1. Lawyer in Zaporozhye
  2. Alimony lawyer
  3. Divorce
  4. Division of property of spouses
  5. Determining the child’s place of residence
  6. Departure of the child abroad
  7. Elimination of obstacles in communication with the child
  8. Obtaining a court decision
  9. Apostille on documents
  10. Obtaining duplicate duplicates of documents at the registry office
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Checked by Victoria on 22.06.21

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