The process of depriving parents of their rights is very complex, and it requires careful consideration of many facts that affect the positive decision of the court and the relevant conclusions in the case of representatives of the guardianship and guardianship authority. Therefore, only a timely contact with a specialist will help you solve this problem.
Deprivation of parental rights – a number of articles provide for personal responsibility of parents for abuse of their rights and for improper implementation of them. An abuse case may include preventing one parent from communicating with the child to the other parent, or preventing the child from traveling abroad.
The penalty for such parents is the deprivation of their parental rights. These cases are among the most difficult, because their solution depends not only on the future fate of a small citizen, but, perhaps, his life. And the best advice in such a case can only be given by a lawyer for the deprivation of parental rights.
For parents, their children at any age remain children. But legally, a child is considered a person who has not reached 18 years of age. So, deprivation of the rights of parents in their relationship (when reaching a specified age) or to persons who have not attained that age but has the full legal capacity, designated by law is not provided.
Lawyer’s services in case of deprivation of parental rights
The process of depriving parents of their rights is very complex. you need to carefully consider a lot of facts that affect the positive decision of the court, the conclusions of representatives of the guardianship authority, and in some countries, the Prosecutor. Therefore, only a timely contact with a specialist will help you solve this problem.
A lawyer for cases of deprivation of parental rights will guarantee the observance of your interests and the painless passage of this unpleasant process. This specialist can provide the following services:
- represent your interests in the state bodies that initiate the procedure for revocation of parental rights;
- make a statement of claim;
- become your representative in court;
- if necessary, appeal against a court decision that does not satisfy you.
You can contact our family lawyer for any of the listed issues related to the deprivation of parental rights.
What authority has the right to revoke parental rights?
Only a court can deprive parents of their rights. Other authorities have no right to consider this issue.
Thus, statements of claim are accepted only from the father (or a person who replaces him), the Prosecutor, or institutions whose duty is to respect and protect the rights of children (a child’s home, boarding school, kindergarten, and many others), as well as guardianship and guardianship authorities and the Commission on juvenile Affairs. All other interested persons, even if they are close relatives of the child, cannot file a claim in court. Their participation in the fate of the child is limited to a petition on this issue before the Prosecutor or other competent authorities.
When considering a case, representatives of the guardianship and guardianship authorities and the Prosecutor’s office must participate in the court session, which is an additional procedural guarantee of compliance with the rights of a minor. The guardianship authority provides the court with an opinion on the need to deprive a person of his or her parental rights. This conclusion is made after studying the living conditions of the child, interviewing neighbors, etc.if the court disagrees with its conclusion, it must justify its decision.
Claims for deprivation of parents ‘ rights
Claims for deprivation of the rights of parents are brought only against the parents of the child (or one of them), who are the defendants in this case. It is not allowed to bring such claims against other persons, even if they are directly involved in the upbringing of minors, but they are not registered in the act of their birth as parents.
In order to protect the rights of the child and to ensure that the child has appropriate conditions of upbringing, as well as respect for the right of the father who does not live with the child, the court is obliged to notify the latter of the court proceedings, as well as to explain his right to make a claim for the transfer of the child to him for further upbringing.
The deprivation of a father’s rights is not a reason for releasing him from his responsibilities for the maintenance of his child. In this regard, in deciding cases about deprivation of the rights of the father addressed the issue of collection of alimony for minors, regardless of whether it suit. At the same time, the child retains ownership of the residential premises, as well as all other property rights based on kinship with the parents. This also includes his right to inherit. One of the duties of parents deprived of their rights is their financial responsibility for the harm caused by the child to a third person.
If the court’s decision to deprive the parents of their rights is satisfactory, it must specify the specific person to whom the minor is transferred for upbringing. This can be either one of the parents or the guardianship authority. To transfer a child to relatives, they must be appointed as their guardians or guardians.
In cases where a guardian has not yet been appointed, and both parents have been deprived of their parental rights, they must be transferred to the guardianship and guardianship authorities. Its further definition and arrangement (issues of adoption or decisions with a children’s institution) are within the competence of this body.
Parents who fail to perform their parental duties for reasons beyond their control (chronic illness or mental illness) are not subject to deprivation of their rights. In such cases, while respecting the interests of the minor, the court may restrict their parental rights, and transfer the child to the guardianship and guardianship authorities. The father’s disability, even if confirmed by the necessary medical certificates, cannot serve as an exemption from paying alimony. Restriction of rights in comparison with deprivation is applied very rarely and in both cases can be reversible. This is also done only by a court decision.
Deprivation of parental rights of a foreigner jurisdiction
Consideration of such cases is possible by the court and in accordance with the Law of Ukraine.
In accordance with article 19 of the civil procedure code of Ukraine, courts consider cases arising from civil, land, labor, family, housing and other legal relations in civil proceedings, except for cases that are considered in other proceedings.
Article 124 of the Constitution of Ukraine stipulates that justice in Ukraine is carried out exclusively by the courts. The courts have jurisdiction over any legal dispute and any criminal charge. In cases stipulated by law, the courts also consider other cases.
According to article 125 of the Constitution of Ukraine, the judicial system in Ukraine is based on the principles of territoriality and specialization and is determined by law.
In accordance with article 6 of the Convention for the protection of human rights and fundamental freedoms of 04 November 1950, everyone has the right to a fair and public hearing within a reasonable time by an independent and impartial Tribunal established by law.
The concept of “court established by law” includes, in particular, such a component as compliance with all the rules of jurisdiction and jurisdiction.
The criteria for distinguishing judicial jurisdiction, that is, the conditions stipulated by law under which a certain case is subject to consideration under the rules of a particular type of legal proceedings, are the subject matter of legal relations, the subject of the dispute and the nature of the disputed material legal relations. In addition, such a criterion may be a direct indication in the law of the type of legal proceedings in which a certain category of cases is considered.
Thus, in accordance with article 5, paragraph 2, of section II of the above-mentioned Convention on jurisdiction, the law that applies, recognition, enforcement and cooperation with respect to parental responsibility and measures for the protection of children of 19.10.1996, taking into account article 7, in the event of a change of the child’s habitual residence to another Treaty state, the authorities of the state of the new habitual residence have jurisdiction. According to article 7 of the said Convention, in the case of wrongful transfer or detention of a child, the authorities of the Treaty state in which the child had his habitual residence immediately prior to the transfer or detention shall retain their jurisdiction until the child acquires habitual residence in another state and
(a) each person, institution, or other authority with custody rights will not consent to the transfer or retention, or
(b) the child does not reside in such other state for a period of at least one year after the person, institution or other authority that has custody rights has learned or should have learned of the child’s whereabouts; the request for return made during this period does not last and the child has adapted to the new environment.
If the child has lived in Ukraine for a period that is more than one year after the spouse found out or should have found out about the child’s location.
According to article 7 of the Convention, jurisdiction belongs to Ukraine, since the child has already acquired habitual residence in another State – in Ukraine, and has taken root in a new environment, which is confirmed by evidence.
It is also possible to apply for the return of the child within the time limit set by the above-mentioned Convention, as well as in accordance with the Convention on the civil aspects of international child abduction of 25 October 1980, ratified by the Law of Ukraine of 11 January 2006 No. 3303-IV “on Ukraine’s accession to the Convention on the civil aspects of international child abduction”.
Despite the exclusivity of such a measure of influence, the percentage of satisfaction of claims is very high. The statistics of such cases annually exceed the mark of one hundred and fifty thousand parents deprived of their rights in the world.
Remember, at any stage of a family dispute, UIP law &consult lawyers are ready to provide you with legal support.