Restriction of parental rights of a child in Kyiv

Appeal against restriction of parental rights

document – sample – STATEMENT OF CLAIM for divorce
document – sample – STATEMENT OF CLAIM on division of joint marital property
document – sample – STATEMENT OF CLAIM on deprivation of parental rights
document – sample – STATEMENT OF CLAIM on divorce and recovery of alimony for the maintenance of a minor child

Deprivation of parental rights is the harshest measure of punishment. If a parent has not committed a crime against the child, the court may decide to limit, rather than terminate, parental rights.

Family law does not include the concept of “limitation of parental rights”; Article 170 of the Family Code refers instead to the removal of the child from the parents. This measure may be applied if a parent cruelly mistreats the child, forces his or her son or daughter to engage in vagrancy, if the father or mother is an alcoholic or drug addict, and in certain other circumstances.

A suit to limit parental rights may be filed by the other parent, grandmother, grandfather, aunt, uncle and other relatives. If the child’s health or life is directly threatened, a prosecutor or the guardianship authority may issue an order removing the child, followed by an appeal to the court.

The consequence of restricting parental rights will be that the child is handed over to the other parent or to other relatives. If these persons are unable to take the child, the guardianship and custody authority will take the child. The court proceedings must also address the issue of collecting child support from the parent whose parental rights were restricted.

The return of the child can occur only when all the circumstances that prevented the parent from raising the child have been eliminated, or when nothing further threatens the child’s life and health. For example, if the father (mother) has recovered from alcoholism, has been recognized as psychologically stable, etc.