Procedure for deprivation of parental rights

Deprivation of parental rights is a decisive measure of influence on unscrupulous parents who do not fulfill their obligations towards the child. Such a serious step can be applied only in cases stipulated by the legislation of Ukraine. In this article, we will examine the process in detail.

Grounds for deprivation of parental rights

What are the grounds for deprivation of the mother and father of parental rights? According to Article 164 of the Family Code of Ukraine, the procedure is considered appropriate when the parents:

• did not take the child from the maternity hospital or other healthcare institution without a good reason and did not show parental care for him/her for 6 months;
• evade the fulfillment of their duties to raise the child and/or ensure his/her education;
• treat the child cruelly, use physical or mental violence;
• are chronic alcoholics or drug addicts;
• resort to any types of exploitation of the child, force him/her to beg and vagrancy;
• convicted of committing an intentional criminal offense against a child.
• Neglect of duties is a ground for deprivation of parental rights when they do not care about the physical and spiritual development of the child, his education, preparation for independent life, in particular:
• do not provide the child with necessary nutrition, medical care, treatment;
• do not communicate with the child to the extent necessary for his normal self-awareness;
• do not provide the child with access to cultural and other spiritual values;
• do not contribute to the child's assimilation of generally recognized moral norms;
• do not create conditions for his education.

It should be noted that non-payment of alimony or temporary restriction of the freedom of one of the parents are not unconditional grounds for deprivation of parental rights. Also, the procedure cannot be used against a person who does not fulfill his duties due to mental illness, dementia, unless he is recognized by the court as incompetent.

The procedure is allowed only when it is impossible to change the behavior of the parents for the better, and only if there is guilt in the actions. The court puts the interests of the child first, and therefore, when determining the grounds for deprivation of rights, it always proceeds from the principle of best ensuring the interests of the child.

Who has the right to file a lawsuit with the court

Cases on the deprivation of parental rights of a father or mother are considered by the court upon the claim of:

• one of the parents, a guardian, a custodian, a person in whose family the child lives;
• a health care institution, an educational institution or other children's institution in which the child is staying;
• a guardianship and trusteeship body;
• a prosecutor;
• the child himself who has reached the age of 14.

According to Article 165 of the Family Code, persons interested in protecting the rights and interests of the child may file an application for the deprivation of parental rights. In this case, the guardian, custodian, a health care institution, an educational institution or other institution in which the child is staying are obliged to do this if they become aware of the facts of improper performance of parental duties.

The guardianship and trusteeship body is also entitled to apply to the court in order to protect the rights of the child. The participation of a representative of the guardianship authority is mandatory when considering cases of deprivation of parental rights of a mother or father by the court.

The prosecutor may file a lawsuit in the interests of the child if there are grounds for this, in particular in the event of the guardianship and trusteeship authority's failure to protect the child's rights.

A child who has reached the age of 14 may independently provide reasons for the deprivation of parental rights by filing a lawsuit with the court. This provision is aimed at strengthening the guarantees for the protection of the rights of a child who suffers from improper performance by parents of their duties.

List of documents and other evidence attached to the statement of claim

So, what is needed to deprive parental rights? In addition to the statement of claim, it is also necessary to attach:

• a copy of the child's birth certificate;
• evidence of improper performance of parental duties (examination reports, certificates, characteristics, etc.);
• documents on the child's health and material and living conditions;
• certificate of parents' income;
• other documents that are important for resolving the case.

It is mandatory to include in the list of documents for deprivation of parental rights the conclusion of the guardianship and trusteeship body on the expediency of the procedure. To obtain such a conclusion, the plaintiff must first apply to the guardianship body with an application and relevant documents.

Evidence in the case may be:

• explanations of the parties, third parties, their representatives, questioned as witnesses;
• witness statements;
• written evidence (acts, letters, contracts, etc.);
• material evidence;
• expert opinions;
• audio, video recordings.

It is important to prepare an exhaustive list of evidence confirming the existence of grounds for deprivation of parental rights. The evidence base must be convincing and indisputably testify to the guilty behavior of the parents towards the child.

How to deprive of parental rights

The procedure for deprivation of parental rights consists of several stages.

Appeal to the guardianship and trusteeship body at the place of residence of the child with an application for an opinion on the expediency of the procedure

Based on the application and attached documents for deprivation of parental rights, the guardianship body conducts an examination of the child's living conditions, upbringing and maintenance. Representatives of the guardianship body find out the parents' attitude towards the child, their behavior, and lifestyle. If necessary, other bodies and services are involved (criminal police for children, social services, etc.).

Based on the results of considering the application, the guardianship authority draws up a report on the inspection of housing and living conditions, prepares a written conclusion on the appropriateness of deprivation of parental rights and transfers it to the applicant. This conclusion is important, but not mandatory evidence in court.

Preparation and submission of a claim to the court at the place of residence of the defendant (the parent whose rights are being deprived)

The claim must clearly state the circumstances indicating the need for deprivation of parental rights, and attach all available evidence. A receipt for payment of the court fee, the amount of which in 2023 is UAH 1,211.20, is also attached to the application. If necessary, the plaintiff may petition the court for a postponement or installment payment of the court fee, a reduction in its amount, or exemption from payment.

Consideration of the case in a court session:

The court hears the explanations of the parties, examines the evidence, and hears the opinion of the child (if he or she has reached the age of 14). The participation of a representative of the guardianship and trusteeship authority is mandatory, who must submit a written opinion on the circumstances of the case to the court.

If the court establishes that the defendant knowingly fails to fulfill parental duties, abuses his rights, treats the child cruelly, suffers from chronic alcoholism or drug addiction and his behavior endangers the life, health, and moral state of the child, the court shall adopt a decision to deprive the child of parental rights.

If the grounds for deprivation of parental rights are not confirmed during the consideration of the case, the court shall refuse to satisfy the claim. If there are sufficient grounds, the court may warn the defendant about the need to change his attitude towards raising the child and place the issue under the control of the guardianship and trusteeship body.

When satisfying the claim, the court shall also order the collection of alimony from the parents after deprivation of parental rights. If the actions of the parents contain signs of a criminal offense, the court shall notify law enforcement agencies.

After the court decision enters into legal force, a copy of it shall be sent to the state registration authority for civil status acts at the place of registration of the child’s birth. It is from the date of entry into force of the court decision that a person is considered deprived of parental rights.

The trial of the case has its own characteristics and requires careful preparation and substantiation of the claims. Given the seriousness of the issue being resolved and the irreversibility of the legal consequences of deprivation of parental rights, the plaintiff must take care to provide the court with comprehensive evidence and arguments.

Peculiarities of the process in wartime

Under martial law, the courts of Ukraine continue to administer justice. However, changes in the territorial jurisdiction of cases for settlements under occupation should be taken into account. The list of courts whose territorial jurisdiction has been changed or restored can be found on the website of the Supreme Court.

Thus, deprivation of parental rights is a serious step that requires solid grounds and irrefutable evidence. Unscrupulous parents should be aware that failure to fulfill their duties can lead to legal consequences that deprivation of parental rights has. At the same time, children should feel protected and needed, and grow up in an atmosphere of love and care.