Глава 3.8. Особливості судового розгляду цивільних справ про відібрання дитини без позбавлення батьківських прав та позбавлення батьківських прав і примусове виконання рішень по даних справах

Abstract

This article examines the peculiarities of judicial review and enforcement of decisions on removal of a child, in particular, in cases of removal of a child without deprivation of parental rights and in cases of deprivation of parental rights. The author draws attention to the fact that the main purpose of consideration and resolution of cases of child removal is to ensure the best interests of the child. On the basis of the research, it is concluded that international legal norms, current Ukrainian legislation and the views of domestic scholars distinguish among the fundamental rights of the child the right of the child to express his or her opinion in disputes involving the child; any case involving removal of a child from his or her parents should be resolved with respect for and ensuring the best interests of the child. The second chapter examines the peculiarities of judicial proceedings for removal of a child from parents without deprivation of parental rights, which is a temporary measure, as opposed to deprivation of parental rights, which has an indefinite nature. The third chapter studies the peculiarities of enforcement of a decision to remove a child without deprivation of parental rights. The fourth chapter of the research is devoted to cases of parental rights deprivation, which the author considers as an exceptional measure of influence on parents for improper upbringing of a child; and studying the judicial procedure for consideration of this category of cases. The grounds and procedure for deprivation of parental rights during martial law and the peculiarities of consideration of these cases by the court are discussed in the fifth chapter of the study. The enforcement of a court decision with deprivation of parental rights is analyzed in the sixth chapter of the research. The author concludes that disputes over children regarding their improper upbringing and maintenance by parents are characterized by a number of peculiarities which make enforcement of court decisions in disputes over removal of a child without deprivation of parental rights and in cases with deprivation of parental rights extremely difficult. Therefore, at present, the preparation of certain proposals and recommendations in this area requires additional research by practicing lawyers, psychologists, teachers, andsocial services.