Restriction of parental rights in Lviv

According to Art. 170 of the Family Code of Ukraine, representatives of state guardianship and trusteeship bodies may apply to dishonest parents a temporary measure - restriction of parental rights. In this case, the children are taken from the father (mother) and transferred to direct relatives or special bodies without deprivation of the first parental rights.

What are the grounds for restricting the parental rights of the father, mother?

The grounds for restricting parental rights are the same as for depriving children of their rights. The child can be given to close relatives: mother, father, grandmother, grandfather, other relatives or guardianship authority. The court may take a child from parents or parents without deprivation of rights for a number of reasons, namely:

• evasion of direct duties;
• aggressive behavior towards the child;
• diagnosed with alcoholism or drug addiction;
• at threat to health, moral education or life of the child;
• forcible coercion to vagrancy.

If in relation to the minor the parent committed a serious criminal offense or the child was not taken from the maternity hospital, it is necessary to deprive the parental rights.

Bailiffs may enforce a court order and take the child away from the parents in the presence of the relative to whom it is transferred and the guardianship authorities.

Filing a lawsuit in court to restrict parental rights

The statement of claim for restriction of parental rights is considered on the general rules of jurisdiction, ie at the place of residence of the defendant. If the claim is satisfied, the issue of recovery of alimony is also resolved. Defendants must appear in court.

In many respects, the positive outcome of the case depends on a properly drafted statement of claim. Competent, from a legal point of view, the presentation of the case will help to avoid further elaboration and additional court hearings. In some cases, the trial is delayed for months, leaving the child alone in difficult life circumstances.

Our lawyers know how to restrict the father's parental rights, how to file a lawsuit, and how to formalize the procedure. Based on the information provided by you, our specialists, following the procedure for restricting parental rights, will soon compile the primary document in such a way as to take into account all the interests of children and their future guardians. We independently cooperate with the courts and file a lawsuit on the date convenient for you.

Documents are needed to restrict the rights of the child

For a positive outcome of the case you are required to:

• a copy of all pages of the applicant's passport;
• certificate from the place of residence on the composition of the family;
• certificate of divorce;
• certificate of alimony arrears;
• a copy of the child's birth certificate;
• the act of inspection of housing and living conditions;
• a document from the school on the participation of parents in the lives of children;
• medical opinion of a psychologist about the child's condition;
• conclusion of a psychiatrist about the state of health of the defendant.

Consequences of restriction of parental rights

The mother or other relative of the guardian should not think that all the financial responsibility for the upbringing will fall on them after the trial. According to the law, which means the restriction of parental rights, the child is taken away from the dishonest parent as a precautionary measure. The legal consequences of the restriction are such that at the same time, the plaintiff has the right to sue for alimony or agree on the amount of monthly alimony. In the case of a positive outcome of the case, the minor is transferred to the full education of the plaintiff. Any contacts with the defendant are limited to the term stipulated in the resolution.