I am often asked about deprivation of parental rights. Therefore, in this article I decided to summarize the answers to the most frequently asked questions:
- On what grounds can a father or mother be deprived of parental rights?
- Who can sue for deprivation of parental rights?
- What is the procedure for deprivation of parental rights?
- What documents are required for deprivation of parental rights?
- Is it possible to give up a child?
- Is it possible to deprive of parental rights for non-payment of alimony?
- What are the legal consequences of deprivation of parental rights?
- Is it possible to restore parental rights?
- Deprivation of parental rights and going abroad with a child.
- Is it possible to be deprived of parental rights if one of the parents is in an uncontrolled territory?
Deprivation of parental rights is aimed primarily at protecting the rights and interests of the child. For dishonest parents, such a responsibility comes provided:
- guilty behavior of parents (or one of them),
- conscious neglect of their responsibilities.
1. Grounds for Deprivation of parental rights
There is a deprivation of parental rights extreme measure of influence on unscrupulous parents and it is possible only in the following cases:
1) parents without good reason left the child in a maternity hospital or hospital and for 6 months were not interested in her future;
2) evasion of responsibilities for the upbringing of a child. This concept is broad, but to prove such evasion is not really easy. Signs of such behavior may be: conscious and deliberate lack of care for the child's development, education, ignoring the needs of the child, systematic non-payment of alimony. These should not be isolated cases, but systemic behavior. The fact that one of the parents cannot take care of the child due to his or her illness or other valid reasons is not a ground for deprivation of parental rights;
3) child abuse. It is violence against a child both by one of the parents and their cohabitants, if the parents do not prevent it;
4) chronic alcoholism or drug addiction. This must be confirmed by a medical report;
5) exploitation of the child, - forcing to beg, involvement in hard work;
6) conviction for an intentional crime regarding the child. To do this, you must obtain a court verdict.
Each of these grounds must be proved and corroborated by separate evidence.
2. Who can file a lawsuit for deprivation of parental rights?
One of the parents, guardian, trustee, person in whose family the child lives, health care institution, educational or other children's institution in which he is, guardianship authority and care, the prosecutor, as well as the child who has reached 14 years.
There are cases when the child's relatives apply for deprivation of parental rights: grandmother, grandfather, brother, sister, stepfather, stepmother.
In practice, it is often the mothers who turn to them to finally sever all ties with the father of their child. A common reason for applying is that after being deprived of parental rights, a woman will no longer have to ask her husband for permission for the child to go abroad.
3. Procedure for deprivation of parental rights
It is possible to deprive of parental rights only in court!
Sequence of actions:
- Collection of evidence. Not the most important stage. All evidence must be submitted immediately with the statement of claim. Therefore it is necessary to receive all possible confirmations of dishonest behavior of other parent, to receive all certificates, characteristics. Already at this stage, the help of a lawyer is important. He will not only tell you what to collect, but also be able to send the necessary legal inquiries. This will greatly speed up and facilitate the process of gathering evidence.
- Drawing up a statement of claim. The lawsuit must provide detailed information about the specific situation with the father or mother, indicate the specific grounds for deprivation of parental rights and provide evidence to support the existence of such circumstances. It is also important to justify why such deprivation would be in the best interests of the child.
- Filing a lawsuit. The statement of claim is filed in court together with all prepared evidence. The lawsuit is filed in court by registered place of residence defendant. Be sure to involve a guardianship authority as a third party.
- Appeal to the guardianship authorities. These bodies must bring to justice written opinion about the possibility of deprivation of parental rights. The conclusion of the guardianship authority on the expediency of deprivation of parental rights does not guarantee victory in court, the court may not agree with this conclusion.
- Trial statement of claim for deprivation of parental rights. Such cases are not considered at once. Rest assured that you will have to appear in court at least three times. So be patient and have a good lawyer.
- Court decision on deprivation of parental rights after its entry into force, the court sends the body of state registration of civil status. However, you can apply to the registry office with a decision to speed up the process.
Deprivation of parental rights applies only to children in respect of whom there is a court decision. For other children, parental rights are preserved!
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4. List of necessary documents for deprivation of parental rights.
Here is an approximate list of documents required to deprive of parental rights. In each case, it may differ, but here are the main documents:
- a copy of the applicant's passport;
- certificate of residence of the child together with the mother (father) and confirmation of the fact of maintenance of the child;
- a copy of the child's birth certificate;
- copy of divorce certificate (if available);
- written opinion of the guardianship authorities;
- a description of the child's place of study indicating the participation of parents in education;
- certificates from medical institutions, preschools, sports sections, etc .;
- certificate from the place of work of the mother (father), data on income (of the parents who apply for deprivation of parental rights);
- characteristics of the mother (father) from the place of work or residence;
- conclusion of a psychologist after a conversation with the child (psychologist of the institution where the child is studying or a psychologist of the guardianship authority);
- evidence of alimony arrears;
- conclusions of doctors confirming the dependence of one of the parents on drugs or alcohol;
- evidence of violence against a child, etc.
All evidence must unequivocally confirm the guilt of the father (mother) and show the impossibility of changing behavior.
The court cannot make a decision based only on the words of the plaintiff.
A more accurate list of documents for depriving a father or mother of parental rights depends on the individual characteristics of the case, which during a personal consultation will help to understand the family lawyer.
5. Is it possible to give up a child?
It is impossible to give up a child voluntarily!
If the man is not the biological father of the child - the procedure is applied paternity appeal. In such cases, the most important proof of the presence or absence of kinship is genetic examination. If its results refute the relationship, the court may order the Registry Office to exclude information about the father from the birth certificate of the child.
However, in cases of deprivation of parental rights, there are cases when the father submits to the court a statement that he does not object to the deprivation of parental rights. The court evaluates such a statement, together with all other evidence, and therefore even in this case it is necessary to prove the existence of grounds for deprivation of parental rights.
6. Is it possible to deprive of parental rights for non-payment of alimony?
Very often we hear phrases like: "Do not pay alimony - deprive of parental rights!". It's not that simple.
The practice of the Supreme Court in such cases is unambiguous: if one of the parents (usually the father) does not pay child support - this is not an independent reason to deprive him of parental rights.
Therefore, evasion of alimony is not a ground for deprivation of parental rights, but will only be additional evidence in your favor, if you can prove the existence of other grounds.
Criminal liability is provided for malicious evasion of child support payments.
7. Legal consequences of deprivation of parental rights
The result of the entry into force of a court decision depriving the father and / or mother of parental rights is loss of all rights based on kinship with the child.
This means that the following individuals:
a) lose the right to raise a child;
b) lose non-property rights in relation to the child (lose the right to communicate with the child, determine his place of residence and education, etc.);
c) cease to be representatives of the child;
d) lose the right to benefits and state aid;
e) cannot be adoptive parents and guardians;
e) can not count on property rightsrelated to paternity and maternity, which would be awarded to them in case of incapacity for work, namely:
- the right to alimony from such a child;
- the right to inherit after this child;
- the right to manage the child's property;
- payments of alimony, pensions, child benefits to such a father or mother are also terminated.
The child retains his property rights based on the fact of kinship with a person deprived of parental rights, including: the right to receive alimony from such a person and to inherit after him.
8. Is it possible to restore parental rights?
So, you can apply to the court for restoration of parental rights. At the same time, the statement of claim must indicate and provide the court with evidence that will indicate the correction of the person and the desire to continue to take an active part in the upbringing and life of the child.
In this case, the court will also determine whether the restoration of parental rights is in the best interests of the child. The court must also take into account the opinion of the other parent and other persons with whom the child lives.
The conclusion of the guardianship authority on the possibility of restoration of parental rights is obligatory for consideration of such category of the case.
Restoration of parental rights is not possible if the child has reached the age of majority at the time of the trial.
In case of rejection of the claim for renewal of parental rights, it is possible to re-apply with such a claim only after a year.
9. Deprivation of parental rights and going abroad with the child.
Very often the reason for such a serious step as deprivation of parental rights is the need for the child to go abroad.
Children under the age of 16 definitely need parental consent to travel abroad.
Warning! You can cross the border with a child on your own only with the original power of attorney from another parent.
In practice, there are often cases when the father does not consent to the departure of minor children from Ukraine. The reasons are different: a conflict with his wife, the unknown place of residence of the father and his contacts. If it is not possible to obtain a notarized consent of the child to go abroad, the only option is to solve the problem. appeal to the court.
There are two options:
- If you need to leave once, it is easier to get a court decision for such a one-time trip.
- If you leave often, and the other parent has no connection or you are constantly in conflict, it is advisable to look for opportunities to deprive him of parental rights.
Undoubtedly, get permission for the child to go abroad in court is a much easier and much faster way than deprivation of parental rights.
To obtain a decision on granting permission for a child to leave Ukraine, it is necessary:
- prove that the father / mother evades permission;
- justify the need for the child to go abroad (treatment, invitations from relatives, training, rehabilitation, etc.), indicate the country and length of stay.
In the case of deprivation of parental rights, such travel permits do not need to go to court every time there is a need for the child's trip. After all, the court's decision to deprive parents of their rights is already proof that permission is required only from one of the parents.
10. Is it possible to deprive a parent of parental rights if one of the parents is in an uncontrolled territory?
Yes, you can. Deprivation of parental rights of a person in the temporarily occupied territory occurs in the same manner as all others.
The peculiarities of such a case are related to which court it is necessary to apply to for consideration of the case. After all, as a general rule, a claim for deprivation of parental rights is filed in court at the registered place of residence of the defendant.
Ukrainian courts do not operate in the occupied territories. But for each settlement that remained in this territory, the corresponding court in the controlled territory to which it is possible to address the claim is defined.
The slight difficulty of considering such cases is related to the defendant's summons to court. To do this, the court simply places the appropriate ads on your site. In this case, it does not matter whether the defendant came to the court hearing, it can take place without him.
If the plaintiff also cannot be present in person at the court hearing because he lives in another city, it is possible to hear the case by videoconference.
The lawyer will help to choose the right court to which to apply and make the right statement of claim to get a positive decision in the case.
SO
Deprivation of parental rights is one of the most difficult with emotional and procestupid point of view category of cases. It is possible to lose parental rights, but you need to gather enough evidence of unfair behavior of the other parent. It is very difficult to do this on your own, so seek the help of a qualified family lawyer.
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