To restore parental rights, it is necessary to prepare a lawsuit in court, as provided by Article 169 of the Family Code of Ukraine. However, it is also important to consider Article 185 of the Civil Code of Ukraine, which limits the possibility of filing such a lawsuit. Only the person who was previously deprived of these rights can file the application. In other words, filing an application through representatives, relatives, or guardianship authorities is not allowed.
The list of documents that need to be attached to the application includes:
- Court decision confirming the deprivation of parental rights. This document is key, as it is the one you will be appealing.
- Documents evidencing your living conditions. It is important for the state to be convinced that the child will live in proper conditions and will have everything necessary for development.
- Characteristics from both your workplace and place of residence. The more witnesses that can confirm your ability to ensure the child’s interests, the better for you.
- Doctor’s certificate, which may vary in nature. It can confirm your current health condition or the fact of treatment.
Conclusion from the guardianship authority confirming your ability to be restored in parental rights and demonstrating that it is in the child’s best interest.
Additionally, it is important to provide any other substantial evidence proving your readiness to restore parental rights. Thorough preparation for court indicates your reliability and commitment to restoring parenthood. Do not limit yourself to the minimum necessary list of documents, as proper preparation will add significant advantages to your case.
The Family Code sets only two situations where the restoration of parental rights is impossible. The first is when the child has already reached the age of majority, i.e., 18 years old, at the time of the court hearing. The second situation arises if the child has been adopted and the adoption has not been annulled or declared invalid by the court.
However, if you believe that the adoption was unlawful, you have the opportunity to file a lawsuit for its annulment or invalidation. In such cases, the department of children’s affairs will necessarily be involved, and the court will carefully consider the child’s living conditions in the new family. In the child’s best interest, the court may decide to keep the child adopted to avoid disturbing their psychological well-being and the stability of the new family.
When considering the issue of restoring parental rights, it is important to consider the following aspects: There are no time limits for applying for the restoration of parental rights, except for when the child reaches the age of majority. This means you can go to court shortly after losing your rights or later, as long as the child has not been adopted.
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The procedure for considering the case is determined in accordance with Article 175 of the Civil Procedure Code. The standard civil litigation procedure is applied. The plaintiff is the person who was deprived of parental rights. The defendant can be different individuals, depending on the specific situation, often the other parent who has custody of the child.
The defendant may also be the guardianship and trusteeship authority. As for third parties in the case, this could be the guardianship and trusteeship authority or individuals with whom the children reside. A lawyer providing legal support in such matters will acquaint the client with other important aspects of the case. The court will carefully check whether the reasons that led to the deprivation of parental rights have been corrected.
Therefore, we advise you to contact the specialists of the Lawyers and Realtors Association of Ukraine (AROU) for proper consultation on your issue and legal support at all stages.
