For what may be deprived of parental rights in Ukraine: permanent response expert "One for all"

Unfortunately, termination of parental rights - sometimes a necessary measure. According to Sergei Kostyrya today such cases - not uncommon. Deprived of parental rights are as a parent, or both.

There are situations where such a measure - the salvation for the future life of the child. For example, when parents or one of them, humiliates the child to use physical force or takes part in his upbringing.

In this case, you should begin the process of deprivation of parental rights. This is a complex category of cases which require recourse to the courts, as well as attracting the guardianship authority, so it is best to ask for professional legal advice.

Grounds for termination of parental rights provided for in Art. 164 of the Family Code of Ukraine, which states that the mother or father may be deprived of parental rights by the court, if it is, it is:

• Do not pick up the child from the maternity home or any other health institution without valid reasons and within six months it did not show respect to parental care;
• shirk their responsibilities for the upbringing of the child;
• abused child;
• are chronic alcoholics or drug addicts;
• resort to any form of child exploitation, forced him to begging and vagrancy;
• convicted of committing an intentional criminal offense against a child.

It should be noted that the mother, the father may be deprived of parental rights on grounds of 2, 4 and 5, only when they reach adulthood.

Counsel notes that the most common cause of deprivation of parental rights is non-fulfillment of their child-rearing responsibilities. The list of responsibilities enshrined in Art. 150 of the Family Code of Ukraine.

Among them, in particular, are as follows:

• Parents are required to bring up a child in the spirit of respect for the rights and freedoms of others, love for his family, his people, his homeland.
• Parents are obliged to care for the child's health and physical, spiritual and moral development.
• Parents are obliged to ensure the child obtains full general secondary education, to prepare him for independent living.
• Parents are obliged to respect the child.
• child foster care to other persons does not release parents from the obligation of parental care about him.
• Prohibits all forms of exploitation of their child's parents.
• Prohibits physical punishment of children by parents, as well as the use of other types of punishment degrading human dignity of the child.

In addition, Sergei Kostyra explains that paragraph. 16 Resolution of the Plenum of the Supreme Court "On the practice of courts of law in cases of adoption and deprivation and restoration of parental rights, "the Supreme Court gives a broad interpretation of the above articles.

In particular, evasion of parents from performing parental duty occurs when they do not provide: adequate nutrition; health care; treatment of a child, have a negative impact on their physical development as a component of education; do not communicate with the child to the extent necessary for its proper identity; do not give your child access to cultural and other spiritual values; not conducive to the assimilation of their universally recognized norms of morality; no interest in his inner world; do not create conditions for the child's education.

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