The Court of Appeal Reminded Under What Conditions a Child Can Be Taken Away from Parents Without Termination of Parental Rights

The Kherson Court of Appeal reviewed the decision of the Velyka Oleksandrivka District Court of Kherson region in case No. 673/348/25, considering the claim of the child services regarding the removal of four minor children from their mother without terminating her parental rights, as well as the recovery of alimony from her. This was reported by the court.

Case Circumstances

The plaintiff referred to the mother’s improper fulfillment of parental duties, the family’s being under social supervision, the fact of domestic violence, difficult living conditions, and alcohol abuse.

The court of first instance denied the claim, noting that removing children from parents is an extreme measure. It was taken into account that after the temporary placement of the children in a social and psychological rehabilitation center, the mother underwent treatment, found employment, created proper living conditions for the children, maintained contact with them, and regularly visited them.

The Court of Appeal agreed with these conclusions. The panel of judges reminded that according to part 3 of Article 51 of the Constitution of Ukraine, the family, childhood, motherhood, and fatherhood are protected by the state. According to parts 1 and 5 of Article 5 of the Family Code of Ukraine, the state protects the family and creates conditions for its strengthening, and interference in family life is allowed only in cases established by law.

The court also referred to part 7 of Article 7 of the Family Code of Ukraine, Article 3 of the Convention on the Rights of the Child, Articles 8 and 10 of the Law of Ukraine "On Child Protection," which oblige ensuring the best interests of the child, proper conditions for their development, protection of dignity, freedom, and personal inviolability.

A key provision in the case was Article 170 of the Family Code of Ukraine. It provides for the possibility of removing a child from parents without terminating parental rights if leaving the child with them is dangerous to their life, health, or moral upbringing. At the same time, such interference must be justified and proportionate.

What the Court of Appeal Said

The appellate court concluded that the plaintiff did not prove the existence of an actual danger to the children at the time of the case review. Instead, the case materials showed that the mother took measures to change her lifestyle: she underwent treatment, was officially employed, initiated an inspection of living conditions for the return of the children, and maintained constant contact with them.

The court also considered the opinion of the children, who were heard in the presence of a psychologist and expressed a desire to return home and live with their mother. A representative of the social and psychological rehabilitation center also confirmed the existence of a strong psychological bond between the mother and the children.

The court rejected the arguments of the appeal, which were based on new evidence, since according to part 3 of Article 367 of the Civil Procedure Code of Ukraine, such evidence is accepted by the appellate court only in exceptional cases if it is proven that it was impossible to submit it to the court of first instance for reasons beyond the person’s control.

Having evaluated the evidence according to the rules of Article 89 of the Civil Procedure Code of Ukraine and considering the parties' obligation to prove the circumstances they refer to, in accordance with Articles 12 and 81 of the Civil Procedure Code of Ukraine, the Kherson Court of Appeal dismissed the appeal and left the decision of the court of first instance unchanged.

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