Problems of jurisdiction of cases of deprivation of parental rights
Journal Title: Економіка. Фінанси. Право - Year 2018, Vol 12, Issue
Abstract
This research paper deals with the legal grounds for deprivation of parental rights of a foreigner are analyzed, international treaties that are applicable in Ukraine are analyzed, ways of solving the problem of establishing the jurisdiction of cases complicated by a foreign element are suggested. It was stated that analysis of judicial practice in cases of deprivation of parental rights testifies to a number of problems concerning the procedure for consideration of this category of cases and the lack of a unified approach to their resolution. The foregoing proves the topicality of the scientific study of cases of deprivation of parental rights in civil proceedings. It is noted in the research paper that very often the only opportunity to protect the rights of a child is the deprivation of parental rights, and a foreigner can be deprived of parental rights on the same grounds as a Ukrainian, namely: alcoholism or drug addiction; failure to fulfil the duties of the parent; abuse of the rights of a child; incorrect behaviour towards a son (daughter); there is no care about a newborn for six months after his/her birth; criminal proceedings or conviction for ill-treatment of a child, exploitation of own child, while each of the above grounds must be duly supported by official documents. It is noted that the deprivation of the rights to a child does not exempt the parent from the obligation to maintain him/her, so the claim for deprivation of the rights should be filed together with the application for maintenance. It is concluded that the lack of legislative regulation of this issue is a problem for many Ukrainian mothers who grow alone their children from foreign fathers who, for various reasons, have not been in Ukraine or have not registered their place of residence here, who, without communicating with family, do not notify of their place of residence, hiding behind the veil of personal data protection. The introduction of amendments to the legislation on the jurisdiction of cases with a foreign element in relation to deprivation of parental rights will enable mothers and children to fully exercise their rights.
Authors and Affiliations
Lidiia Hryhorivna Vartman
Keywords
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