Deprivation of parental rights of a foreign citizen in Ukraine

The realization of all the civil rights of a child in full depends directly on the participation of both parents. Children born to foreigners are often deprived of many opportunities due to the absence of the father (mother) in their lives.

Grounds for Depriving a Foreign Father of Parental Rights

Depriving a foreign father of parental rights is quite difficult, since serious grounds are required for this. Among the main reasons for evading responsibilities are:

• failure to fulfill parental duties or abuse of them;
• chronic alcoholism or drug addiction;
• lack of parental care for 6 months after birth or abandonment of the child at the maternity hospital;
• presence of an unexpunged conviction for cruel treatment of a minor.

For successful completion of the case, it is necessary not only to correctly draft the claim but also to provide legally sound evidence of violations in court.

It is mandatory to provide the court with a certificate from the post office confirming the absence of money transfers (alimony) for the support of the child.

Which country’s court should be approached to deprive a foreign father of parental rights to a child?

Depriving persons with foreign citizenship of parental rights is a much more complicated procedure than with compatriots. One of the most serious problems is the localization of the court.

There are two options for filing a claim in court:

1. at the child’s place of residence, in Ukraine;
2. at the father’s place of residence, in Ukraine or abroad.

In the first case, the initiation of court proceedings for the recovery of child support takes place at the child’s registered address.

According to international law, a claim may be filed at the defendant’s place of residence, except in cases of legal precedent. This creates serious difficulties in cases of deprivation of parental rights.

A common practice is to initiate legal proceedings at the defendant’s last known place of registration or at the address where his valuable property is registered.

Only an experienced lawyer, after familiarizing themselves with the situation, can advise how best to proceed in this case.

Attention! A person deprived of parental rights is not released from the obligation to financially support the child.

Cost of services

A brief initial consultation is provided. The final cost of services is determined by the overall complexity of the case. Everything depends on the defendant’s location and the completeness of the evidentiary base. Involving external specialists for the successful completion of the case affects the final cost of services.

Why is the help of a professional lawyer necessary?

Deprivation of parental rights is an extreme legal measure. Witness testimony is not taken into account in court. Only documents carry legal force:

• a copy of a valid residence permit or a certificate of the foreigner’s last registration;
• a certificate of alimony arrears from the enforcement service;
• a certificate from an educational institution stating who brings and picks up the child;
• a number of other evidentiary documents.

Usually court proceedings in such cases are delayed for a period of at least 6 months. The process can be significantly expedited by proper legal representation of the plaintiff’s interests in court. A competently drafted claim and a complete package of documentary evidence speed up the case manifold.

The deprivation procedure takes place with the direct involvement of guardianship and custody authorities. Our company provides assistance at the stage when the social service makes a decision in the case. The company’s lawyers have practical experience in conducting negotiations already at the stage of mandatory pre-trial proceedings and in taking the case through to the end. Contact us; we are always ready to help.