Avoidance of duties as a basis for deprivation of parental rights

Abstract

The article examines the deprivation of parental rights as the most burdensome form of parental responsibility. It has been established that the deprivation of parental rights is a serious measure of influence, which should be carried out exclusively in the best interests of the child. This is stated, in particular, in the norms of the Declaration of the Rights of the Child dated November 20, 1959, the Family Code of Ukraine, the practice of the European Court of Human Rights and the Supreme Court of Ukraine.
 Avoidance of parental duties can be one of the grounds for deprivation of parental rights. It has been established that, based on judicial practice in the specified area, non-fulfillment of parental duties should be interpreted differently. For example, the courts often regard it as parental evasion when a mother or father avoids paying child support. This reason is based on the thesis that it is impossible to provide care and proper development of the child, medical care and treatment without providing material maintenance. At the same time, in the conditions of Russia's war against Ukraine, the economic situation remains not the best, which may be the reason for non-payment of alimony.
 Based on the analysis of court practice, cases of using the instrument of deprivation of parental rights have been identified precisely for the purpose of punishing parents for unstable payment of alimony, for insufficient attention to children, etc. This applies to the use of insignificant grounds for the deprivation of parental rights, namely a small amount of alimony arrears, untimely and incomplete payment, lack of support in desires and additional aspirations.
 It was concluded that parents' evasion of raising children, as a reason for deprivation of parental rights, is possible in the case when parents do not create the necessary conditions for the child's physical, emotional or social development, it can be. However, only under the condition of culpable behavior of the parents, their deliberate neglect of their duties should be allowed only when it is impossible to change the behavior of the parents for the better and based on a complex of circumstances, each of which requires careful analysis and justification.