Peculiarities of judicial review of cases on deprivation of parental rights

Abstract

The work analyzes the procedural features of consideration of cases of deprivation of parental rights. The general characteristics of the institution of deprivation of parental rights are determined. At the same time, an analysis of the grounds for deprivation of parental rights provided for by the Family Code of Ukraine is carried out. At the same time, the work also indicates which of the grounds is the most common. The need to expand this list at the legal level is substantiated. As for procedural aspects, the work defines the form of judicial proceedings in which the specified disputes are considered. The legal regulation of consideration of cases on deprivation of parental rights is also clarified. It is indicated what points the court should note at the preparatory meeting, and what it should find out during the case consideration. A position has been put forward regarding the mandatory participation of the defendant in the court session, and in case of his non-appearance, the postponement of the case consideration. Mandatory involvement of the guardianship authority as a third party is also analyzed. However, practical shortcomings have been identified when the court does not comply with this norm. Attention is drawn to the need to postpone the consideration of the case in case of non-involvement of the body of guardianship and guardianship. The issue of concluding a settlement agreement in cases of deprivation of parental rights is also important in this work. The point of view is put forward that it is impossible to apply a settlement agreement in cases of family relations arising from property and personal non-property relations. Scientific articles analyze the decision-making process. It is also indicated that the court issues a warning about the inadmissibility of further violations by the parents of their rights in relation to the child. Ways to overcome the shortcomings of the legal regulation of the grounds and procedure for the removal of children from their parents are indicated, among which the improvement of the judicial mechanism for ensuring the protection of the rights of participants in these relationships plays a special role. The importance of appointing various types of examinations and consultations with specialists in the course of consideration of cases of deprivation of parental rights is justified.