How to arrange limitation of parental rights?

Full deprivation of parental rights is an extreme measure requiring serious legal justification. The grounds for full deprivation of parental rights can only be the circumstances provided for in Art. 164 of the Family Code of Ukraine, which can be read in more detail at Limitation of parental rights in Kyiv.

What grounds justify limiting the parental rights of the father or mother

The grounds for limiting parental rights are applied the same as for deprivation of parental rights. The child may be given to close relatives: mother, father, grandmother, grandfather, other relatives or a guardianship authority. The court may take the child from the parents or a parent without depriving rights for a number of reasons, namely:

• evading the fulfillment of direct duties;
• aggressive behavior towards the child;
• diagnosed alcoholism or drug addiction;
• when there is a threat to the child’s health, moral upbringing or life;
• forcible coercion into vagrancy.

If a serious criminal offense has been committed by a parent against a minor or the child was not taken from the maternity hospital, then deprivation of parental rights is applied.

Court bailiffs can enforce the court order and remove the child from the parents in the presence of the relative to whom the child is handed over, and representatives of guardianship and custodial authorities.

Filing a claim in court for limitation of parental rights

A claim for limitation of parental rights is considered according to the general rules of jurisdiction, i.e. at the defendant’s place of registration. When the claim is satisfied, the issue of recovering alimony is also decided. The defendants’ attendance in court is mandatory.

 

To a large extent, a favorable outcome depends on a properly drafted statement of claim. Competent, legally sound presentation of the case will help avoid subsequent revisions and additional court hearings. In some cases the judicial process is delayed for many months, leaving the child alone in difficult life circumstances.

Our lawyers know how to limit a father’s parental rights, how to file a claim, and how to carry out the procedure. Based on the information you provide, our specialists, observing the procedure for limiting parental rights, will prepare the initial document within a short time so as to take into account all the interests of the children and their future guardians. We independently liaise with the courts and file the claim for the closest convenient date for you

Documents required to limit parental rights

For a positive outcome of the case you are required to provide:

• a copy of all pages of the applicant’s passport;
• a certificate of residence showing the family composition;
• a divorce certificate;
• a certificate of arrears for alimony;
• a copy of the child’s birth certificate;
• an inspection report of housing and living conditions;
• a document from the school about the parents’ involvement in the children’s lives;
• a psychologist’s medical report on the child’s condition;
• a psychiatrist’s conclusion about the defendant’s health.

Consequences of limitation of parental rights

The mother or another relative-guardian should not think that all financial responsibility for raising the child will fall on them after the court. By law, which is what limitation of parental rights means, it involves taking the child away from an unfit parent as a preventive measure. The legal consequences of the limitation are such that, at the same time, the plaintiff has the right to file a claim in court for recovery of alimony or agree on the amount of monthly maintenance. In case of a favorable outcome, the minor is transferred to the plaintiff for full custody. Any contact with the defendant is limited for the period specified in the order.

Cancellation of the limitation

If the reasons for which the child was taken are eliminated, then by court decision based on an application from the child’s parent the child may be returned.

Cases concerning deprivation or limitation of parental rights are quite complex. The final outcome largely depends on correct justification and presentation of evidence. If your rights as a parent have been violated and you are going to restore custody of the children, our lawyers will help file an appeal against the limitation of parental rights, more details Limitation of parental rights in Kyiv.