What steps can be taken to prove the unfitness of the father/mother for…?

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... to raise a child?

19.06.2023 10:06 432

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Photo of sikorsky.y.o Yaroslav Sikorsky

In this context, we are probably talking about deprivation of parental rights, since, in accordance with Article 157 of the Family Code of Ukraine, the parent with whom the child lives does not have the right to prevent the parent who lives separately from communicating with the child and participating in her upbringing, if such communication does not interfere with the normal development of the child.

According to Article 164 of the Family Code of Ukraine, a mother and father may be deprived of parental rights if they:

  1. the child was not taken from the maternity hospital or from another health care institution and for 6 months did not show parental care for it (without a valid reason);

  2. shirk their responsibilities regarding raising a child and/or ensuring that he/she obtains a full general secondary education;

  3. mistreat the child (use physical or mental violence, impermissible methods of upbringing, degrade the human dignity of the child, etc.);

  4. are chronic alcoholics or drug addicts (these facts must be confirmed by appropriate medical reports);

  5. resort to any type of exploitation of the child (for example, involve him in hard work, engage in prostitution or criminal activities), force him to beg and wander;

  6. Convicted of committing an intentional criminal offense against a child.

Deprivation of parental rights is allowed only in relation to children who have not reached the age of 18.

To revoke parental rights, you must do the following:

  • establish that the person knowingly violates parental duties, maliciously fails to comply with the requirements and recommendations of guardianship and guardianship authorities, services for minors, deliberately evades treatment (chronic alcoholics, drug addicts, drug addicts) and collect all the necessary supporting evidence;

  • apply to the guardianship and guardianship authority in order to obtain an opinion on the child's living and upbringing conditions, the parents' behavior, their relationship with the children, and their attitude towards fulfilling their parental duties;

  • apply to the court with a claim for deprivation of parental rights and receive a decision adopted by the court based on the results of the review.

After the decision of the court on the deprivation of parental rights has entered into force, the court sends it to the state registration body of civil status acts at the place of registration/birth of the child.

The following must be added to the statement of claim:

  • child's birth certificate;

  • certificate confirming marriage or divorce certificate (court decision on divorce);

  • power of attorney to represent the interests of the child (if the lawsuit is filed by the guardianship council or an educational/medical institution);

  • act of inspection of household and living conditions at the address of the child's residence;

  • conclusion of the body of guardianship and care about the validity of filing a lawsuit;

  • court decision on the collection of alimony (if such obligations were previously imposed on the defendant);

  • information from the executive service about the existence of debt for alimony payments, violation of executive proceedings, criminal proceedings;

  • certificate from the educational institution (that the child's father did not take the child away, was not interested in the child's physical, spiritual, moral development)

  • court verdict (if the defendant was convicted of alimony evasion, beating a child, improper performance of parental duties, etc.);

  • information from the police about facts of ill-treatment of a minor or another family member;

  • a certificate from a drug addiction treatment facility stating that the defendant has diseases related to alcoholism and drug addiction;

  • explanation, testimony;

  • audio, photo, video files.

19.06.2023 13:11

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