The mother and the father are equally responsible for taking full care of their common child: his or her health, education, moral, physical and spiritual development. The parents have to respect the child's dignity and help the child in any possible way to turn into a personality.
If the parents' action or omission affects or poses a threat to the child, the child may be removed without depriving them of parental rights, - claims Alva Privacy's family lawyer.
What is the removal of a child from the parents without depriving them of parental rights. When may such action be taken and by whom?
By removing a child from one or both of the parents, the government interferes with the family life of spouses to protect the interests of a minor citizen of Ukraine. A court action may be brought to remove the child from the parents if the parents' behavior may be described as:
- Avoiding the educational process and failing to provide for the training to get a secondary education.
- Displaying brutality.
- Exploiting and forcing to begging and vagabonding.
- Abusing alcohol or drugs.
The parents are seen as evading their duties if they take no care of physical and spiritual development and education of the child and of him or her being ready for an independent life. To be more specific, this is about the following attitude:
- Failing to provide for proper nutrition and medical service, which failure gives rise to degradation of the physical development.
- Lacking or insufficient communication.
- Failing to provide the child with opportunities for cultural development.
- Obstructing in getting the education.
- Not being interested in the child's inner world.
- Failing to facilitate the learning of moral rules of human behavior.
It is the mother or father, guardian, relative, teacher or representative of a health care institution who can initiate the removal of the child from the parents without depriving them of parental rights. It is often the case that the parents try to do so when they dissolve their marriage. If you would like to file a claim or be defended in such legal dispute, you need a professional legal support.
What should guardianship and custody bodies do for immediate removal of the child from the parents?
Once the guardianship and custody body has learned that there is an immediate threat to the child's normal well-being or life, it must make decision to remove the child immediately from the parents or guardians. First of all, it is about taking urgent safeguard measures, such as:
- Checking whether the child is safe. Representatives of the health care institution, a social worker and officers of the National Police must be involved to do such check.
- If any threats to life or health are identified, the child should be urgently taken to a hospital to be examined and given inpatient care, if necessary.
- Any evidence of mistreatment must be recorded.
- The child must be taken temporarily to a fostering institution.
After that on the same day the children's service files (with the local council) a petition for removing the child at the place of residence of the child. Then an authorized person makes decision.
If the decision is positive, the local council's executive body ensures that the child is provided with temporary accommodations and notifies accordingly the children's service on the day when the child is so removed. On the same day the guardianship and custody body must inform of such decision the public prosecutor's office at the place of residence of the child and file a claim with court within 7 days after such decision was made.
Judicial procedure for removing and returning a child
There are a number of persons and entities who may file a lawsuit for removal of the child:
- Mother or father of the underage child.
- Educational establishment.
- Health care facility.
- Public prosecutor.
- Guardianship and custody body.
- Guardian or person who takes care of or provides a place for the child to live.
The guardianship and custody body must anyway be involved in the proceedings. If the family receives social support, the court takes into consideration the information received when rendering its judgment. If the lawsuit is successful, the mother, father, or both of them will have to pay child support from that time on.
If the parents eliminate the reasons for which the child was removed from them, the court may order the child to be returned. If so, the person from whom the child was removed must file a lawsuit. The entity who was the claimant in the case over the removal of the child is now the respondent.
If you wish to prove that you are ready to take proper care of the child or you have evidence that the father or mother is still unable to do their duties properly you definitely need to seek a legal assistance!
Why is Alva Privacy Law Firm your best assistant to handle such cases?
Let's imagine that you are planning to get divorced and your ex-husband/ex-wife will not in fact be able to take full care of your common children or poses a threat to their life and health. Or it is quite likely that your child will be removed from you or this has already happened and you want to get him or her back. Proficient legal assistance is your effective tool to resolve such situations.
An experienced lawyer from our law firm, Alva Privacy, will act as a mediator and do everything possible for the ex-spouses to come to an agreement without going to court. Owing to our experts' in-depth knowledge of law, you can defend your case, no matter who initiated the removal of the child.
Our qualified lawyer will help to collect documents and other evidence and will represent you to the best of his or her knowledge and skills in the field of law. The reasonable cost of legal services and plenty of cases won in this category are among our key arguments why you should choose our professionals.
You could start with consulting our lawyer verbally. Please contact us at your earliest convenience, even today!
Written by Tetiana Shaposhnikova, Attorney-at-Law.
