Deprivation of Parental Rights 2021: Basis and Evidence
This publication will be useful to everyone who wants to deprive a person of parental rights, as well as lawyers, advocates.
Content:
1. Introduction
2. Legal consequences of deprivation of parental rights.
3. Grounds for deprivation of parental rights
4. How to prove that one of the parents is evading their responsibilities
5. Child abuse: evidence and proof
6. How to prove that one of the parents is a chronic alcoholic or drug addict
7. Crime against a child: an independent basis for deprivation of parental rights
8. Deprivation of parental rights by agreement of the father
9. Statement of claim for deprivation of parental rights
10. Answers to the questions that are usually put to us in a similar case (F.A.Q.)
1. Introduction
Increasingly, one of the parents goes to court to deprive the other parent of the child's parental rights. Why is this happening? There may be several reasons for this: 1) the child needs to travel outside the country; 2) you need to change the place of registration (residence) of the child; 3) stop putting pressure on yourself; 4) other reasons.
If the first and third reasons are clear, then the second (unfortunately, the most popular) is more complicated. There are isolated cases of manipulation of parental rights in order to harm another. For example, you need to leave the country with a child for the purpose of rest, and the other parent deliberately ignores in granting permission - the trip is ruined.
This article will consider the grounds and consequences of deprivation of parental rights, as well as bringing each of the grounds.
Deprivation of parental rights is possible only in court. It is possible to deprive parents of parental rights only in relation to a child under 18 years of age.
2 Legal consequences of deprivation of parental rights
The current legislation of the country provides that the consequences of the deprivation of parental rights for the mother or father are as follows:
1) the mother or father loses personal non-property rights to the child and is released from the duties of raising him;
2) ceases to be the child's legal representative;
3) loses the right to benefits and state benefits provided to families with children;
4) cannot be an adoptive parent, guardian or curator;
5) 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);
6) loses other rights based on relationship with the child.
Deprivation of parental rights does not stop the obligation to pay alimony - this is worth remembering.
3 Grounds for deprivation of parental rights
One of the parents may be deprived of parental rights if he, she:
1) did not take the child from the maternity hospital or from another health care institution without a valid reason and did not show parental care in relation to him for six months;
2) evade fulfilling their responsibilities for raising a child or ensuring that they receive a complete general secondary education;
3) abuse the child;
4) are chronic alcoholics or drug addicts;
5) resort to any kind of exploitation of the child, force him to begging and vagrancy;
6) have been convicted of an intentional criminal offense against a child.
Deprivation of parental rights is possible in relation to each child (if there are more than 2 children) or one of them.
Deprivation of parental rights in accordance with clauses 2, 4, 5 is possible only for adult parents.
In the event of a court decision on deprivation of parental rights, the court sends a copy of this decision to the civil registry office.
4 How to prove that a parent is shirking his responsibilities
This ground is the most popular and most difficult in modern disputes where there is a question of deprivation of parental rights. Evasion of parental responsibilities can only be in the case of the guilty behavior of the person who wants to deprive parental rights and in the presence of deliberate neglect of their duties.
The evasion of the father or mother from fulfilling responsibilities in relation to the child can be seen when they do not show a desire to help the child develop (physically, spiritually), do not prepare him for an independent life, namely: 1) do not provide the child with proper nutrition, examination by physicians, actually affects its physical. development; 2) do not communicate with the child properly (duration of communication and form of communication); 3) prevent the child from accessing cultural and spiritual values; 4) do not contribute to obtaining moral values; 5) do not show interest in the child's vision of various things; 6) do not create conditions aimed at training; 7) other. These factors, both separately and in aggregate, can be assessed as a failure to fulfill their parental responsibilities in relation to the child, but this is possible with the proper behavior of the parents.
Grounds for refusing to satisfy a claim in terms of non-fulfillment of parental responsibilities
If, during the consideration of the litigation, it is established that there is guilty behavior, the court will be forced to refuse to satisfy the claim. A similar position is contained in the decision of the Supreme Court in case No. 645/920/19, a similar basis as for the rejection of the claim was expressed by the Supreme Court in case No. 234/11246/19.
In this category of dispute, the court may not take into account the views of the child if it is established that there is a conflict between the parents, the child permanently lives with one of the parents, which additionally has a psychological impact and this may be an obstacle to the child's expressed opinions.
If, when considering the case, the court really sees the father's desire to communicate with the child and spend time with him. For example, it can be a counterclaim to remove obstacles in communication with the child. Including in case No. 761/10887/17, the Supreme Court noted: “Having examined the evidence in the case and taking into account the behavior of OSOBA_2, the desire to communicate with the child, the courts concluded that he intends to participate in the child's life, to engage in his development, help in its content, so it is inappropriate to use such an extreme measure of influence in the form of deprivation of parental rights. "
In case no. 753/2025/19, the Supreme Court noted: “The fact of the applicant's denial against the claim for deprivation of his parental rights, the fact that the defendant submitted an appeal testifies to his interest in the child.”
The result of this part
In fact, the adversarial nature of the parties boils down to the fact that the plaintiff not only needs to prove the basis for evading the fulfillment of his parental duties, but also that there is a guilty behavior of the defendant and the plaintiff does not interfere with communication with the child.
5 Child abuse: evidence and proof
Child abuse is the use of one or more forms of domestic violence against a child. This can be forcing a child to engage in prostitution, blackmail, creating all sorts of content for adults, and the like. Abuse can also include: 1) methods of education are unacceptable; 2) humiliation of the child as a person.
There are 4 forms of violence against a child:
In this part, domestic violence actually accounts for calls to the police and the issuance of a restraining order. Usually, with this reason for the claim, the court applies to the guardianship and guardianship authority. Isolated cases when one of the parents applies with such a basis for a claim.
Evidence of ill-treatment may include: 1) testimony of witnesses; 2) a decision to issue a restraining order for committing domestic violence against a child; 3) responses from the police; 4) decisions on bringing to administrative responsibility; 5) photo, video; 6) medical certificates on the presence of physical injuries in the child; 7) the conclusion of a psychologist; 8) other. It all depends on what exactly is the abuse of a child in a particular situation.
6 How to prove that one of the parents is a chronic alcoholic or drug addict
This ground for deprivation of parental rights is understandable, and therefore I cover it only from practice when the above ground was used.
Chronic alcoholism of parents and their drug addiction diseases must be confirmed by appropriate medical reports. In practice, the courts, in addition to medical certificates, also take into account the following evidence: 1) testimony of witnesses (usually these are neighbors, but there may be other persons who often communicate with the person who is being deprived of their rights); 2) a court decision on the removal of parents on the grounds that they abuse alcohol; 3) a court verdict, which confirms the circumstance of the stay of a person with drugs; 4) explanations of the defendant himself; 5) replies from medical institutions that the person is undergoing or has undergone treatment; 6) a response from the hospital about the admission of a person with drug poisoning; 7) responses from the police; 8) the conclusion of a forensic psychiatric expert, which indicates that the person suffers from a chronic mental illness in the form of an addiction syndrome due to alcohol consumption; 9) other.
7 Crime against a child: an independent basis for deprivation of parental rights
This reason is solely due to a court verdict that has entered into legal force. If the crime was not committed against a child, this will not be the basis for deprivation of parental rights.
8 Deprivation of parental rights by agreement of the father, mother
This means the agreement of the defendant (father, mother) with the fact that they will be deprived of parental rights.
In my practice, there was one case of such deprivation. It was carried out as follows: 1) the father sent a letter to the service for children and family affairs. The letter stated that if the issue of deprivation of his parental rights was considered, he did not deny; 2) obtaining an opinion from the guardianship and trusteeship body, which indicates the expediency of deprivation; 3) the father's personal presence at the court session and his submission of a written application for recognition of the claim.
Such actions speed up the procedure for deprivation of parental rights at times.
9 Statement of claim for deprivation of parental rights
A claim for deprivation of parental rights must comply with the requirements of the Code of Civil Procedure of Ukraine.
In the event that several grounds for a claim are indicated in a claim, the court must check each basis for a claim as an independent basis for deprivation of parental rights.
If, during the consideration of the court case, it is established that there are other grounds for deprivation of parental rights, then the grounds for the claim should be changed. Otherwise, the court will not consider new grounds for the claim.
The parties to this dispute will be: 1) the defendant (one of the parents or both parents, who are deprived of their parental rights); 2) a third party (guardianship and trusteeship body).
Jurisdiction of cases on deprivation of parental rights: at the place of registration (residence) of the defendant.
How much does deprivation of parental rights cost: In 2021, the court fee is 908 hryvnia + legal services.
10 Answers to the questions that are usually asked of us in a similar case (F.A.Q.)
1. Are the grounds for deprivation of parental rights exhaustive?
Yes. They are exhaustive and provided for in Art. 164 of the Family Code of Ukraine.
2. Is it possible to deprive an adult child of parental rights?
No. The article also indicated that deprivation is possible in relation to a child who is not 18 years old.
3. Who prepares an opinion on the advisability of deprivation of parental rights?
Guardianship and trusteeship body.
4. Can parental rights be revoked for non-payment of alimony?
No. This is not an independent ground for deprivation of parental rights. However, it can be used as evidence of the failure of the father to fulfill his duties.
5. What documents must be submitted for deprivation of parental rights?
Depends on the basis of the claim. You can contact JSC Novakovskaya & Partners for legal advice where you will receive a list of documents required for your situation.
6. Who can be deprived of parental rights?
Rodiel rights can be deprived of the father and mother. In this part, the legislator did not set restrictions
This material was prepared for you by a practicing lawyer, partner of JSC "Novakovskaya and partners" Yanchuk Anatoly Anatolyevich
