Mother of deceased serviceman was denied payment due to parental rights termination 20 years ago — what the court decided

Can the mother of a deceased serviceman receive a one-time financial assistance if her parental rights were terminated many years ago but later restored by the court? This exact question was considered by the Dnipropetrovsk District Administrative Court.

The military unit refused the woman’s payment, citing a court decision on the termination of her parental rights and the established fact of evasion from parental duties. However, the court concluded that at the time of the serviceman’s death, the plaintiff’s parental rights had been restored, and the defendant did not prove the existence of legal grounds for refusal to grant the one-time financial assistance.

Circumstances of the case

The plaintiff’s son served in the military and died while performing a combat mission to defend Ukraine. After his death, the mother applied for a one-time financial assistance. There was no personal directive from the serviceman regarding the distribution of this assistance, so the woman applied as one of the lawful recipients of the payment.

The military unit refused to grant her the assistance. The basis was a 2006 court decision that terminated the woman’s parental rights due to evasion of parental duties and ordered alimony payments. The commission concluded that the court-established fact of evasion from child support was grounds for refusal according to the second paragraph of clause 2 of Article 16-4 of the Law "On Social and Legal Protection of Servicemen and Their Families."

The plaintiff disagreed with this decision. She noted that in 2016, another court decision restored her parental rights regarding her son. Therefore, at the time of his death, she already had the status of a mother whose parental rights were reinstated.

What the court established

The court noted that Article 16-1 of the Law "On Social and Legal Protection of Servicemen and Their Families" explicitly provides the right to receive a one-time financial assistance for parents of a deceased serviceman if they were not deprived of parental rights or if such rights were restored at the time of the child’s death. In this case, the court found that the plaintiff’s parental rights were restored in 2016, well before the serviceman’s death.

The court separately analyzed the defendant’s reference to the second paragraph of clause 2 of Article 16-4 of the same Law, which allows refusal of assistance to a person who was found by court decision to have evaded the duty to support the deceased during his lifetime.

In the court’s opinion, the military unit did not prove the existence of the grounds provided by this provision. The contested decision lacked information that after the son reached adulthood, the mother had an obligation to support him and that the court established the fact of evasion from fulfilling such an obligation. Thus, the defendant did not prove the legal grounds for refusal to grant the one-time financial assistance.

The court also emphasized that it is the responsibility of the authority to prove the legality of its decision. In this case, the military unit failed to do so.

Court decision

The court partially satisfied the claim. It recognized the military unit’s refusal to grant the one-time financial assistance as unlawful and canceled that decision. It also obliged the military unit to reconsider the mother’s application taking into account the legal assessment set forth in the court’s ruling. Additionally, the court ordered the recovery of court fees amounting to UAH 1211.20 in favor of the plaintiff.

At the same time, the court did not obligate the immediate granting or payment of the one-time financial assistance. It only required the defendant to reconsider the application and make a new decision considering the court’s conclusions.

Appeal court will review the case

After the first instance court’s decision, the military unit filed an appeal. The Third Administrative Court of Appeal opened appellate proceedings and completed preparation for the appeal hearing. Since the case in the first instance was considered under simplified proceedings, the appellate court scheduled the case for review in written procedure without summoning the parties. The appeal hearing is set for August 4, 2026.

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