Telegram 
Viber 
Whatsapp 
Messenger Termination of parental rights of both or one parent, as well as protection of a parent’s interests
Termination of parental rights takes place exclusively through the court. Ukrainian legislation does not provide for unilateral renunciation of parental rights; this can only be carried out by a court. Our specialists provide the following legal services:
- termination of parental rights and services for restriction and restoration of parental rights;
- contesting paternity, maternity;
- assistance in drafting claims for court;
- protection of the client’s interests in court;
- Termination of parental rights if there is no contact with the defendant
- Termination of parental rights in the absence of alimony arrears
- Obtaining a conclusion from the guardianship authority
- document – template – STATEMENT OF CLAIM for divorce
- document – template – STATEMENT OF CLAIM for division of joint marital property
- document – template – STATEMENT OF CLAIM for termination of parental rights
- document – template – STATEMENT OF CLAIM for divorce and recovery of child support for a minor child
Our publication on LIGA Law: Termination, restriction of parental rights.
A claim for termination of parental rights can be filed by competent authorities and institutions (often in relation to disadvantaged families), one of the parents, guardians, custodians, the person with whom the child lives, the prosecutor, and the child themselves, provided they are at least 14 years old.
In practice, many mothers often try to use this option to finally sever all ties with the child’s father (for example, they want to travel abroad with the child, and the father does not give permission for the child’s travel).
Some fathers don’t want the child at all; they may willingly pay alimony but take no part in the child’s life. Then the former spouse has no choice but to turn to the court.
Termination of parental rights occurs exclusively in court. In practice people often ask: “Why go to court if the father himself wants to renounce the child and is ready to sign a waiver?” But Ukrainian legislation does not provide for renunciation of parental rights; this is exclusively within the competence of the court. A concept has arisen in society of a “renunciation of the child” in connection with the following situation. Paragraph 3 of Article 122 of the Family Code of Ukraine provides for the possibility of filing a joint statement by spouses (or former spouses if the child was born within 10 months after the termination of their marriage) of non-recognition of the spouse as the father of the child. Such a mutual statement can only be granted if the child’s mother, together with another man, files a statement recognizing him as the father of the child. However, when a man is already recorded as the father of the child, he cannot in any way renounce him and it becomes necessary to go to court.
The court can terminate parental rights in relation to a child, i.e., a person under 18 years of age.
The Family Code of Ukraine (Art. 164) provides an exhaustive list of grounds for termination of parental rights:
- cruel treatment of the child (this may include not only physical but also psychological abuse; moreover, there may be situations when other family members commit abuse and the parents do not prevent it);
- ignoring duties of raising a son or daughter (lack of care, systematic arrears in alimony);
- the father or mother is an alcoholic or drug addict;
- a parent is convicted of an intentional crime against their child;
- exploitation of the child (for example, forcing them to beg or engage in vagrancy);
- abandoning the child in a maternity hospital or other institution without a valid reason and lack of parental care for six months.
But one should not think that if there is at least one ground for depriving the father or mother of parental rights, the court will immediately make such a decision. Since termination of parental rights is an extreme measure, courts are generally very reluctant to take such decisive steps. These court proceedings, as a rule, do not end in a single hearing. The judge must very carefully examine all the evidence attached to the case that directly confirms one ground or another.
In Ukraine, termination of parental rights of a foreign father is carried out exclusively through the court and implies that the mother obtains sole custody of the child. The procedure can be carried out even without the father’s presence in court. The summons is sent to the father’s last place of registration; if it is returned twice without a receipt mark, the court has the right to issue a default judgment. Also, the father can be deprived of rights if he agrees, by proving his negligent attitude toward the child, harmful influence, or failure to fulfill direct parental duties.
At first glance, it may be unclear what termination of rights provides and what benefits arise if the claim is granted. Lawsuits are often caused by inconveniences related to the inability to make certain decisions regarding the children. For example, you cannot travel abroad with a child without the consent of both parents.
Evidence base
Disputes over termination of parental rights are considered with the mandatory presence of the prosecutor and guardianship authorities.
The grounds for termination of parental rights must be supported by evidence; the court cannot make a decision based only on the plaintiff’s words. And while alcoholism or drug addiction can be confirmed by a certificate, what documents should prove the fact of neglecting parental duties is unclear to many. Collecting evidence to initiate the procedure of depriving a father of parental rights takes a lot of time and should be carried out by an experienced lawyer so that the evidence will later be accepted by the court.
If you have nevertheless decided to deprive an unscrupulous spouse of all rights to the child, you cannot do without the help of a lawyer — not just a person with a law degree, but a true professional in family disputes. Such a specialist will help you properly draft the statement of claim, assist in collecting the necessary documents and correctly build your position in court.
Possible evidence: an inspection report of the child’s living conditions, a conclusion from the guardianship authority, information from educational and medical institutions about the parent’s lack of involvement in the child’s life, records of alimony arrears, data on the parent’s long-term absence from the country; confirmation of the commission of a crime against the child.
Sequence of actions in the process of terminating parental rights:
- The guardianship and trusteeship authority (a subdivision of the local state administration) provides the court with its written conclusion on the advisability of terminating parental rights. Therefore, we recommend contacting this authority in advance and establishing contacts;
- Draft the statement of claim (sample statement). Indicate in the claim all possible additional information based on the specific life situation — the parent’s unwillingness to voluntarily provide child support, the existence of alimony arrears, the presence of another person with whom the claimant is actually in family relations and his desire to adopt the child, as well as the child’s relationship with him;
- The claim must be filed in the court at the defendant’s place of registration. The claim must be accompanied by all supporting documents, the receipt for payment of the court fee and copies of the claim with documents for the defendant and the third party.
You can find a detailed step-by-step guide on filing a claim in court at the following link.
Legislation:
- Family Code of Ukraine of 10.01.2002;
- Resolution of the Plenum of the Supreme Court of Ukraine “On the practice of courts applying the legislation in cases of adoption and on deprivation and restoration of parental rights” dated 30.03.2007 No. 3.