Deprivation of parental rights is an extreme measure of legal responsibility applied in case of systematic violations of the rights of a child by his parents. A feature of this punishment is that, in addition to interested persons, the guardianship and guardianship body participates in its implementation, which provides an opinion on the advisability of limiting the rights and obligations of parents.
Grounds for deprivation of parental rights
Article 164 of the Family Code of Ukraine describes all the grounds that may entail deprivation of parental rights. These include the following cases:
- The parents of the baby did not take him away from the hospital or other medical institution in a timely manner, without good reason and did not fulfill their parental duties for six months;
- Parents shy away from raising a child;
- Cases of child abuse: physical violence, psychological, inadequate methods of education, etc.;
- Parents’ constant use of alcohol or drugs;
- Exploitation of children. Coercion into begging, vagrancy, or theft;
- Intentional crime against your offspring.
Deprivation of parental rights is feasible only in relation to minors under the age of 18.
Ways of deprivation of parental rights
There are two ways to take away from parents the right to raise their children: voluntary and compulsory. But in any case, the procedure includes a trial.
Any person can voluntarily renounce their offspring. All that is needed for this is a notarized abandonment of the child and a conclusion on the advisability of deprivation of parental rights, which is issued by the child custody and guardianship authority. Given these grounds, the court will quickly make a decision.
Some citizens believe that giving up parental rights will free them from having to pay child support. But this is not the case. According to the law, an individual will pay child support unless it can be proven that he is not the biological father or until the child is adopted.
In order to forcibly deprive a person of parental rights, it will be necessary to prove in court that he has evaded his parental responsibilities. The following arguments can serve as evidence of this:
- Certificate from the place of study, which confirms the absence of the parent’s participation in the child’s life;
- Testimony of witnesses: neighbors, relatives, acquaintances;
- Certificate of the existence of alimony arrears;
- Other evidence of passive parenting.
To open legal proceedings in the case of the withdrawal of parental rights, it is necessary to draw up a statement of claim and collect a package of documents for filing with the court:
- Copies of the passport data of the participants in the process;
- Copies of marriage certificate or certificate of divorce;
- A copy of the baby’s birth certificate;
- The conclusion of the guardianship and trusteeship body that the deprivation of rights from the father or mother in this case is advisable;
- A copy of the certificate from the educational institution in which the child is registered;
- A copy of the testimony of witnesses;
- A copy of the statement of arrears in the payment of alimony;
- Receipt for payment of the court fee.
Who can apply for termination of parental rights
The following persons or bodies can apply for an unscrupulous parent:
- Guardian or Trustee;
- A member of the family in which the baby lives;
- Any institution where a child can be: school, hospital, kindergarten;
- Guardianship and Guardianship Authority;
- The prosecutor’s office;
- The child himself after reaching the age of fourteen.
This is an exhaustive list of persons who have the right to file a petition for deprivation of parental rights in court.
Legal consequences for the defendant
If the requirements for deprivation of parental rights are satisfied and the court makes an appropriate decision, then this entails a number of legal consequences for the defendant. Article 166 of the Family Code of Ukraine states that a person deprived of parental rights:
- Is no longer the child’s legal representative;
- Loses all rights in relation to his offspring;
- Not eligible for state aid for families with children;
- Cannot become a guardian, trustee or adoptive parent;
- Cannot count on parental financial support related to the loss of legal capacity;
- Loses the right to inherit from the child;
- Loses other rights based on kinship with the offspring.
At the same time, a person whose rights to upbringing have been taken away can apply to the court for granting him the right to see the child. According to Article 168 of the CKU, a judicial institution can issue permission to meet, but only with the obligatory presence of third parties.
Also, a parent can file a claim for the restoration of parental rights. But it should be borne in mind that this procedure becomes impossible if the child has already been adopted or has reached the age of majority.