How is the situation resolved when one of the parents advocates deprivation of rights...?

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and the other - against?

19.06.2023 10:14 602

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Photo of sikorsky.y.o Yaroslav Sikorsky

Such a situation should be resolved in court.

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

  • 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);

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

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

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

  • 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;

  • 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, the following actions must be taken:

  • 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.

A child who can express his opinion must be heard when resolving a dispute about the deprivation of parental rights. The court has the right to issue a decision contrary to the child's opinion, if the child's interests require it.

As a general rule, cases of deprivation of parental rights of a father or mother are considered by the local court at the registered place of residence or stay of the parent (defendant) whose rights are to be deprived.

19.06.2023 14:07

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