In today’s world, situations where a child must be taken away from their parents without depriving them of their parental rights are becoming more and more frequent. This can be due to various reasons, such as violence, or the reluctance of parents to raise their child. In such situations, it is necessary to act promptly and correctly.
Regulatory framework
There is a considerable legislative basis in Ukraine to regulate situations of taking a child away from their parents without depriving them of their parental rights. It includes the Family Code of Ukraine, the Civil Procedure Code of Ukraine, the Law of Ukraine “On Childhood Protection”, the Law of Ukraine “On Bodies and Services for Children and Special Institutions for Children” and the Law of Ukraine “On Court Fees”. Also, the Procedure for conducting activities related to the protection of children’s rights by guardianship authorities, approved by Resolution No. 866 of the Cabinet of Ministers of Ukraine dated September 24, 2008, is one of the main documents that regulates this area.
Grounds for removing a child from parents without depriving them of parental rights
Grounds for taking a child away from parents without depriving them of parental rights are:
- abuse of parental rights;
- child neglect;
- violence in the family;
- addiction to alcohol, drugs and other harmful substances;
- inability of parents to fulfill their parental duties for physical or mental reasons;
- violation of the rights and interests of the child;
- other circumstances that may threaten the life, health and development of the child.
If guardianship and guardianship authorities have discovered facts indicating a threat to the child’s life, health, and development, they have the right to take measures to protect their rights and interests. The first step may be to temporarily remove the child from the parents without depriving them of parental rights. For this, in accordance with the legislation of Ukraine, it is necessary to draw up an act on the temporary removal of the child and ensure the necessary protection of his rights and interests.
Court proceedings on the removal of a child from parents without deprivation of their parental rights
Who can apply to the court
The case of taking a child away from parents without depriving them of parental rights may be considered at the request of guardianship and care authorities, prosecutors, internal affairs bodies, bailiffs or other persons who have the appropriate authority and legal interest in this matter.
Jurisdiction of the case
The case of taking a child away from parents without depriving them of their parental rights can be considered in a court of general jurisdiction in the manner of civil proceedings.
Cost
The cost of the court fee for consideration of such a case is determined in accordance with the Law of Ukraine “On Court Fees”. It depends on the amount of the claim and other circumstances of the case. There may also be additional costs for the services of a lawyer and other specialists.
Consequences of removing a child from their parents without depriving them of their parental rights
The consequences of taking a child from his parents are without exception
their parental rights can be serious for all parties. The child may experience stress and psychological discomfort, the parents may feel upset and despair, and parental rights may be lost. Therefore, it is very important to act promptly and correctly in such situations.
How to return a child to parents
If the child was taken from the parents without deprivation of their parental rights, then in order to return it to the parents, it is necessary to prove, in accordance with the legislation of Ukraine, that the parents have fulfilled all the necessary requirements and conditions for the restoration of parental rights and rehabilitation as educators of the child.
Court practice
Judicial practice in cases of taking a child away from parents without depriving them of their parental rights usually pays attention to whether facts were committed that threatened the child’s life, health, and development, and whether parents had the opportunity to fulfill their parental duties. Also, judicial practice takes into account the individual circumstances of each specific case.
Legal, economic and cultural features
The legal, economic and cultural characteristics of each particular family may influence what measures will be taken to protect the rights and interests of the child. It should also be taken into account that changing parental rights can have major consequences for both the child and the parents, so it is very important to act carefully and follow all procedures and legal requirements.
Four funny legal examples from the lives of clients
Sometimes in life there are situations when parents can get into an uncomfortable situation because of their actions. For example, one family locked themselves and their child in their apartment for a week until they completed a great gentleman’s agreement. Another father threw his son a drug and alcohol-fueled party but didn’t feel the consequences until he got caught up in the law. The third father was so busy at work that he did not have time for the child, and the fourth father refused to let the child live with the mother, with whom he had divorced, but could not agree on the division of custody of the child.
Removal of a child from parents without deprivation of their parental rights during the war in Ukraine
During the war in Ukraine, difficult situations can arise when children are in danger due to the actions of their parents. Guardianship authorities have the right to take measures to protect the rights and interests of the child, including temporarily removing the child from the parents without depriving them of parental rights. However, such measures must be justified and ensure the maximum protection of the rights and interests of the child, as well as comply with the legislation of Ukraine and international standards in the field of child rights protection.
Conclusion
Taking a child away from their parents without depriving them of their parental rights is a complex and responsible procedure that must be carried out in accordance with the law and taking into account the individual circumstances of each specific situation. In such situations, clients may benefit from contacting a law firm that specializes in protecting children’s rights and supporting parents in such important matters. Despacho Internacional “Intereses legítimos” offers all services remotely for the convenience and time saving of the client, ensuring confidentiality and a professional approach to each case.
