I am often asked about deprivation of parental rights. Therefore, in this article I decided to summarize the answers to the questions I get most often:
- 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 deprive 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 unscrupulous parents, such liability occurs provided:
- guilty behavior of parents (or one of them),
- deliberate neglect of their responsibilities.
- Grounds for deprivation of parental rights
Deprivation of parental rights is an extreme measure exposure on unscrupulous parents and this 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 his further fate;
2) evasion of child-rearing responsibilities. This concept is broad, but to prove such evasion is not really easy. Signs of such behavior may be: conscious and intentional lack of care for the child's development, his 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 for other valid reasons, is not a ground for deprivation of parental rights;
3) child abuse. This is violence against the child, both by one of the parents and their neighbors, 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 - coercion to beg, involvement in hard work;
6) conviction for an intentional crime in relation to the child. To do this, you must obtain a court verdict.
Each of these grounds must be proved and corroborated by separate evidence.
- Who can sue 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, the body of guardianship and trusteeship, the prosecutor, and also the child who has reached 14 years.
There are cases when the relatives of the child file claims for deprivation of parental rights: grandparents, 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 treatment 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.
- Procedure for deprivation of parental rights.
Deprive of parental rights is possible only in court!
Sequence of actions:
- Gathering evidence. Perhaps the most important stage. All evidence must be filed immediately with the statement of claim. It is necessary to receive all possible confirmations of dishonest behavior of the second parent, to receive all certificates, characteristics. Already at this stage, the help of a lawyer is important. He will not only tell you what needs to be collected, but will also be able to send the necessary legal inquiries. This will greatly speed up and facilitate the process of gathering evidence.
- Preparation of a statement of claim. The lawsuit must contain detailed information about the specific situation with the father or mother, indicate the specific grounds for deprivation of parental rights and provide evidence confirming 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 claim. The statement of claim is filed in court together with everyone prepared evidence. The lawsuit is filed in court on registered the place of residence of the defendant. Be sure to involve a guardianship authority as a third party.
- Appeal to the bodies of guardianship and trusteeshipand. These bodies must submit to the court 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.
- Litigation 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. As for other children, parental rights are preserved!
- List of documents required for deprivation of parental rights.
Here is an example list of documents, necessary for deprivation of parental rights. In each case, it may differ, but here are the main documents:
- a copy of the applicant's passport;
- certificate of the child's place of residence together with the mother (father) and confirmation of the fact of the child's maintenance;
- a copy of the child's birth certificate;
- a copy of the certificate of divorce (if any);
- written opinion of the guardianship and trusteeship authorities;
- characteristics from the place of study of the child with the indication of participation of parents in education;
- certificates from medical institutions, preschool institutions, sports sections, etc .;
- certificate from the place of work of the mother (father), data on income (parent who is suing 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 a child (psychologist of the institution where the child is studying or a psychologist of the guardianship authority)
- evidence of alimony arrears;
- doctors' reports confirming the dependence of one of the parents on drugs or alcohol;
- evidence of violence against a child and the like.
All evidence must unequivocally confirm the guilt of the father (mother) and indicate the impossibility of changing behavior.
The court cannot make a decision based only on the plaintiff's words.
A more precise list of documents for depriving a father or mother of parental rights depends on the individual features of the case, which a family lawyer will help to deal with in a personal consultation.
- Is it possible to give up a child?
It is impossible to give up a child voluntarily!
If the person is not the biological father of the child - the procedure is applied paternity appeals. 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 record of the child.
However, when considering cases of deprivation of parental rights, there are cases when the father submits to the court that he does not object to the deprivation of parental rights. The court evaluates such a statement, along with all other evidence, and therefore even in this case it is necessary to prove the existence of grounds for deprivation of parental rights.
- Is it possible to deprive of parental rights for non-payment of alimony?
Very often you have to 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 ground for deprivation of parental rights.
So, evasion of alimony is not a ground for deprivation of parental rights, but only 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.
- 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 persons:
a) lose the right to bring up a child;
b) lose non-property rights to the child (lose the right to communicate with the child, determine his place of residence and study, etc.);
c) cease to be representatives of the child;
d) lose the right to benefits and state benefits;
d) cannot be adoptive parents and guardians;
e) cannot 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, financial assistance for a child 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; - the right to inherit after him.
- Is it possible to restore parental rights?
Yes, it is possible apply to the court for restoration of parental rights. Thus in the statement of claim it is necessary to specify and present the proofs testifying to correction of the person and desire further to take active part in education and life of the child.
In this case, the court will also establish or respond to the restoration of parental rights 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 and trusteeship body on the possibility of renewal of parental rights is obligatory for consideration of such category of the case.
Renewal 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 restoration of parental rights, it is possible to re-apply with such a claim only in a year.
- Deprivation of parental rights and going abroad with a 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 16 must require parental consent to travel abroad.
Attention! You can cross the border with a child on your own only with the original power of attorney from the other 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 father's place of residence and his contacts are unknown. If it is not possible to obtain a notarized agreement from the spouse to leave the child abroad, the only solution is to solve the problem. going to 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 there is no connection with the other parent 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, a much easier and 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, invitation from relatives, training, rehabilitation, etc.), indicate the country and period of stay.
In case of deprivation of parental rights, according to such travel permits, it is not necessary to run 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.
- Is it possible to deprive 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 in 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, remained in this territory, the corresponding court in the controlled territory to which it is possible to address with the claim is defined.
The insignificant complexity of considering such cases is related to the defendant's summons to court. To do this, the court simply places the appropriate ad on your site. In this case, it does not matter whether the defendant came to the hearing, it can happen without him.
If the plaintiff is also unable to attend the hearing in person because he lives in another city, it is possible to conduct the hearing by videoconference.
A lawyer will help you choose the right court to go to and make the right statement of claim to get a positive decision on the case.
SO
Deprivation of parental rights is one of the most emotionally and procedurally difficult categories of cases. It is possible to deprive of parental rights, but it is necessary to collect enough evidence of dishonest behavior of the other parent. It is very difficult to do this on your own, so seek the help of a family lawyer.
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