Parental rights, and together with them and duties, appear from their parents at once at that time their child appears. Or then when the court issued a decision on adoption (or adoption) a child born from other parents in your favor.

What parents are right

You can argue for a very long time that it is concretely included in the concept of "parental rights", and not to easily establish their full list. They are closely intertwined with the duties of parents to raise their children. Articles of the 63rd and 64th Family Code of the Russian Federation indicate the most basic and most common of them:

• right (and duty) for education, training and development of their children,
• duty (and law) to protect the interests and rights of their child,
• responsibility (and right) Show care for health, take care of the moral, physical, spiritual, mental development of the child.

Of these three common rights and obligations in relation to their child, you can highlight a huge variety of private arising from them, you can list them for a very long time. The underlying condition, whatever the rights for the child possessed parents, and whatever they carry duties before him, they must act exclusively in the interests of their Chad and for his good.

Parent is no longer a parent

To deprive the father or mother of their parental rights can only with conscious guilty actions regarding their children. For example, it is impossible to deprive parental rights Mother, if it is not capable of providing food to his child every day, to buy him, send it to school, etc. The exception will be diseases associated with narcotic and alcohol addiction. Such parents are deprived of their parental rights.

Most often, fathers fall under the blow of the deprivation of parental rights. It is no secret that the relationship "Mother-child" is closer than the "father-child". Often only a mother is able to satisfy all the basic needs of the child (except for the material when the Father is the head of the family, the breadwinner).

The mother, who set up the goal to get rid of the unrelated second parent, will almost always find the reason why the father can be deprived of parental rights.

There are also situations such when parental rights are deprived of mothers, but this happens less often.

In court practice there are cases when parents are deprived of the right to claim children themselves.

It is possible to deprive parental rights that it is relatives, biological parents (or those specified in the child's metrics at birth). With regard to adoptive parents and adoptive parents, a decision is made to cancel adoption.

Another important condition is to deprive parental rights, you can only parents in relation to a minor child or not emancipated, which has not reached the age of 18. With regard to adult children, the parent automatically loses most of its parental rights and responsibilities.

Grounds for depriving parental rights

The reasons for which parents are subject to deprivation of rights regarding their children are listed in the 69th article of the Family Code of the Russian Federation. There are six of them six:

1. Evasion from the performance of their direct parental duties. This includes all those responsibilities that are established by family legislation. Failure to comply with one of them or several immediately - already a reason for depriving parental rights. Evasion from aliminal payments also applies to this item and will be able to serve as a cause for the deprivation of the rights of the parent, so it is worth familiar with.

2. Failure to take your child from a medical institution (including from the maternity hospital), educational institution, organization of social protection of the population or other similar organizations without valid reasons.

Exception: a child in such an institution is under health and medical reasons. Regarding the restoration of the newborn baby in the maternity hospital about the deprivation of his mother parental rights, it is possible to speak only when her identity is established, and it is recorded in the "Mother" column in the birth certificate. Otherwise, to deprive parental rights simply no one.

3. The abuse of parents with their rights, when the child is inclined to begging, prostitution, alcohol and drug use, etc., often for the purpose of profit.

4. Cruel treatment of children, expressed in applying the entry, causing pain, humiliation of human dignity, violation of sexual integrity, etc.

5. The commission of a deliberate crime aimed at a child or his second parent. Evasion from paying alimony, depositing, improper performance of their parental rights is already crime against their minor child. There are also other criminal acts here, which are deliberately, and the fault in their commitment is proven by the court of a prosecution to the parent.

6. The parent is a chronic alcoholic and drug addict, which is not able to fulfill its parental responsibilities normally and ensure the moral development of his Chad.

Any other reasons if they at least indirectly do not fall under the ones that are indicated above will not be grounds for the deprivation of parental rights. One of these grounds or somewhat will help to understand how to deprive the fatherhood of a former husband.

The procedure for depriving parental rights

Decides a citizen of parental rights will be possible only in court. It is enough to this file a lawsuit in the judicial authority to any of these persons:

• second parent
• the prosecutor who has established the fact of a violation of the rights of the child,
• the guardianship and guardianship authority, if the only parent is affixed,
• a representative of the educational or medical institution, which contains a child for health or some other reasons.

The claim indicates the reason why a child should be isolated from a parent society due to a detrimental impact on him of the last and non-fulfillment of their rights.

To eliminate the guilty of behavior and challenge the deprivation of parental rights, if the parent does not fulfill duties towards children due to independent causes and concrete circumstance. For example, mental disorder, severe diseases, etc. Exception - alcoholism and drug addiction.

If there are sufficient grounds that we indicate above, the judge will make a decision on the deprivation of parental rights of the Father (or Mother). To this end, it is necessary to provide all sorts of information confirming that the rights of the child were broken, and the parental responsibilities were not performed. It will be possible to be various documents (certificates from medical institutions confirming alcohol dependence; Materials from the police about causing a minor's beatings; information from the bailiff service confirming the existence of debt on alimony; court sentence, accusing a parent in committing a criminal act against a child, etc. .), Certificate testimony, physical evidence.

If at the time of consideration at the court session of the case on the deprivation of parental rights, the child turned 10 years old, the court will take into account his testimony, as well as the desire or reluctance to live together with such a parent.

Often, the judge decides not about the deprivation of parental rights, but about their temporary limitation. In this case, the parent is given time to think about his behavior, take all measures to fulfill the parental duties fully, cure with detrimental habits. If the parent falls on the path of correction, the court restores it as a child.

After the decision to make a decision on the deprivation of paternity (or motherhood) into legal force in half a year the child will be able to gain another family and prosperous parents.

Deprivation of parental rights of the Father and Alimony

Ensuring the material content to your child is also the obligation of the parent, including the payment of alimony to him. Failure to fulfill this duty is to deprive the parental rights of the parent, evading their payments. If the father systematically pays the alimony, has accumulated a huge debt, repeatedly convicted under Article 157th of the Criminal Code of the Russian Federation for malicious evasion from the payment of alimony, this will be a reason for the deprivation of his father's rights. But it will not be a reason for liberation from the obligation to produce alimony payments by the court decision in the future.

In addition, there is criminal liability for non-payment of alimony. About this in more detail.

But to declare your right to receive alimony for its content, when it becomes an elderly and disabled, such a parent in relation to an adult child will not be able to.

Consequences of deprivation of parental rights

Father deprived of parental rights (or mother) loses all claims against the child: the rights to upbringing, training, communication, to represent his interests in various bodies, to receive payments and benefits related to the birth and raising the child, to recover from him later Alimony for its content, etc ..

Once deprived of rights, the parent will never be able to become a adopter or guardian against this or other minor child.

If a child retains the right to live in the apartment of the deprived of the rights of the parent, to get the inheritance after his death, etc., then the parent has such rights towards the child automatically and even risks to be married from housing, if it lives with a child under the contract Social hiring. Get the inheritance in the event of the death of a child, such a parent is also not entitled.

A parent will be able to return their rights if the court restores them. To do this, it is necessary to write a statement of claim and submit exceptional evidence confirming that the parent has corrected and is able to properly fulfill its rights and obligations for education in the interests of the child.

If you have questions about what you can deprive parental rights, then ask them in the comments

Head Anton Alekseevich, lawyer, specialist in the family structure of children, teacher of the school of adoptive parents BF "Family"

Thank you for your help in the preparation of this edition of the head of the school of adoptive parents of the Charitable Family Foundation Alexey Rudova.

Dear Parents!

This brochure was asked to make employees of the guardianship of the city of Moscow in order to simply and understand the language to explain to you, which decided to engage in the deprivation of the parental rights of the second parent of the child, what awaits you and how exactly the process is going through. This brochure, most likely, was presented to the employee of the guardianship authority so that you could get all the information right away, and not ask him (alas, and so busy over all measures) several times.

In 2010, on the order of the Department of Family and Youth Policy, there were several manuals written by me, designed to help both employees of guardianship bodies and parents independently cope with some legal issues. But over the past three years, they, alas, have not been reprinted.

In this small little book you will find fresh legislation regarding the question of depriving parental rights, an exemplary list of necessary documents, as well as an approximate procedure in this situation.

Of course, contact the court without the help of a lawyer - it's how to deal with self-treatment: even the Council of the Pharmacist helps some, and then still spend a lot of time to spend on the "left-offering" - but still the idea of \u200b\u200bwhat kind of deprivation of parental rights is worth it. Evaluate your strength, consult with your employees of your guardianship, and, if you decide - on the road. I hope my book will help you.

Yours sincerely,

lawyer Anton Zharov

Deprivation of parental rights

The deprivation of parental rights, of course, is very unpleasant. Native Father (and more and more and more often, the native mother, or even both parents), they are eliminated from the upbringing of their own child, throw him to the mercy of fate. A common misconception is that only parent-alcoholic parents or drug addict can deprive parental rights, for many years not paying alimony. Such an opinion leads to the fact that parental rights are not trying to deprive even those who, for example, have not seen the decade at all. And what, not a drug addict, not an alcoholic ... And the parents themselves who left the upbringing of their own children also feel calm: if I pay at least 100 rubles of alimony (some literally they pay!) - Everything, no complaints about me should be.

There is an opposite opinion. Child half a year, a month ago, parents stopped living together. "Desecrate his parental rights!", - Mother demands.

Truth, of course, somewhere in the middle between these two positions.

What the law says. First, to deprive the parental rights "may", but only the court is obliged. This means that if you start the whole process, you need to be prepared for several months of a certain legal struggle.

Secondly, the list of grounds for depriving parental rights is very strictly stipulated and it will not be possible to expand it.

Thirdly, it is necessary to understand very clearly, why do you need (and your child) deprivation of parental rights of the second parent. What do you plan to get from it?

Since the effects of deprivation of parental rights and begin. First of all, parental rights deprived of parental rights loses the right to raise his child, it is not entitled to see him, interested in his success and problems in school, kindergarten or clinic. In addition, devoid of parental rights loses the ability to solve something or prohibit a child. First of all, this applies to permits and prohibitions associated with the departure abroad, as well as when applying for medical care.

Believing parental rights will not inherit the child (if you do not give God to happen). But the child will inherit the property of the parent, deprived of parental rights. In addition, the obligation to pay alimony does not depend on the deprivation of parental rights: "Lyubrants" continue to pay them anyway.

It should be noted that, despite the fact that the parent can be deprived of parental rights, relatives on his part (for example, grandparents and grandparents) do not lose their rights based on kinship. But their implementation is a separate question that will not be treated here.

Another important consequence of the deprivation of parental rights: a child may be further (after 6 months from the date of the court decision on the deprivation of parental rights) adopted by his spouse or his wife who remained his parent.

Holding a question about the deprivation of parental rights in court, it is necessary to understand that this issue is considered by the court according to the rules of claim, and therefore the circumstances that you refer to the substantiation of your request for the deprivation of parental rights should be proven by the court of documents, explanations, witness testimony , photos and any other evidence (an exemplary list of documents is given below).

What do you need to prove to the court? Enough the grounds that can serve to deprive parental rights. Their list is indicated in Art. 69 Family Code of the Russian Federation (excerpts from it are in the relevant section).

First about the "simple" bases. This is a notorious drug addiction and alcoholism. Proof of B. this case It can only be a certificate from the corresponding drug treatment dispensary that the parent, who is deprived of parental rights is there to be taken into account as a patient addict or alcoholism. The usual certificate from a doctor or an extract from the history of the disease - cannot serve as comprehensive evidence for the deprivation of parental rights on this basis. However, it is very likely that alcoholism itself or itself is not the only basis for the deprivation of parental rights in this particular case.

Parent can be deprived of parental rights if he committed a crime against the life or health of his spouse or children. The law does not limit the crime against which spouse (it is possible that it is not against the child's parent, in respect of which he is deprived of parental rights), or against which child (it is not necessary for which he is deprived of parental rights). In order to justify the deprivation of parental rights on this basis, the judgment of the court that entered into legal force should be submitted, in which the parental of the parent will be established in the relevant crime (beatings, injuries, etc. up to the murder).

A separate basis for the deprivation of parental rights is the ill-treatment of a parent with a child, including an attempt on the sexual immunity of a child, physical or mental violence. It should be noted that in this case, as a rule, we are talking about the commission of a criminal offense, and the judgment of a court in relation to a parent is appropriate as evidence. However, there are cases when the presence of ill-treatment is able to prove in the civil procedure, however, it represents some difficulty: the investigator collects in a criminal case, the representative of the state, and in the civil procedure, evidence will have to be produced. As practice shows, such a base is deprived of parental rights, most often in relation to children who remained without parental care at all, and deprive both parents at once.

It is very unlikely that the second parent of your child will deprive parental rights on the basis that he (or she) refuses "without good reasons to take his child from the maternity hospital (separation) or from a different medical institution, educational institution, institutions of social protection of the population or from Similar organizations. " Most likely your child at home, and this reason is not applicable in your case.

Another reason for the deprivation of parental rights - when parents are "abused by their parental rights." What is meant. This is the behavior of the parent, which, being based on parental rights, leads to negative consequences for the child. For example, a parent may (and this kind of "revenge" former spouse meets quite often) to prevent the child's departure to rest, "pick up" documents from school, where the child studied and unmotivated to translate it to another, the parent may refuse a child in medical care ( Sometimes parents motivate with religious ideas), in the end, the parent can interfere with the communication of the child with the second parent, using the fact that the child lives with him. All listed situations, and any other situations of the use of parental rights to the harm to the child can be represented by the Court as grounds for considering the issue of imprisonment of parental rights. It should be noted that the deprivation of parental rights on this basis is a rather rare phenomenon. This is due to the difficulty of evidence of these circumstances. But if there are other grounds for the deprivation of parental rights, data on the abuse of parental rights (even with "weak" evidence, such as explanations of the second parent) add to the suit will not be superfluous.

The greatest number of preferences of parental rights occurs on the grounds provided for by paragraph of the second article 69 of the RF IQ. This is the case when parents "evade the fulfillment of parental duties, including with malicious evasion from the payment of alimony."

A common mistake is to assume that if the parent does not shy away from the payment of alimony (or evade, but not "maliciously"), it is impossible to deprive his parental rights. I had to hear such a interpretation of the law, even from the employees of the prosecutor's office. However, literally the law does not indicate that evasion of payment of alimony is a mandatory element for deprivation of parental rights. Of course not.

In itself, malicious evasion from the payment of alimony is a criminal offense. And if you "in your pocket" have a sentence that recognizes the parent guilty of him - the appeal to the court with a claim for the deprivation of parental rights on this basis will most likely be successful. However, as practice shows, the use of Art. 157 of the Criminal Code of the Russian Federation, which provides for the responsibility for malicious evasion from the payment of alimony - a rather rare event (especially in Moscow).

It is much more correct to look at the entire list of parental responsibilities provided for by law (first of all - Articles 63, 64 and 65 of the RF IC) and evaluate how this parent performs them. Does his child brings up, whether education is involved in obtaining them, whether health care is careful - all this is important. And, of course, whether money pays for the maintenance of his child (alimony). If most (and that's all) parental responsibilities are not executed by the parent - this is a reason to think about the deprivation of parental rights.

Allowing the issue of depriving one of the parents of parental rights, the court is obliged to verify that the second parent can raise the child under appropriate conditions, so the court will need to submit documents about its income (which is the child than feeding), and also be prepared to give explanations on this question.

The deprivation of parental rights is considered with the obligatory participation of the representative of the guardianship authority (as where you live with the child and where the second parent stays) and the prosecutor. In order to give conclusion in your case, employees of the guardianship authority will definitely visit your home and, perhaps, talk to the child (employees of the guardianship call it "to conduct an act of surveys of housing and living conditions).

After turning to court, do not forget to transfer a copy of your claim to the custody body attached to the suit of documents, as well as to agree, at what time you will be visited by an employee of the guardianship authority for the "Act". Try to at this time at home there were all households, especially if they have something to say on the issue considered in the lawsuit.

It should be borne in mind that the deprivation of parental rights is called the "extreme measure" of parental responsibility, and therefore, it is likely that in your case, especially if the second parent will show a certain perseverance, the court "will meet" and will not deprive parental rights, warning, However, about what needs more responsibly refers to their parental duties. In this case, the output is two: or the parent really "takes out for the mind" and the child will have a normal, loving father or a caring mother, or ... or after some time (as a rule, at least six months) will again have to go to court with a claim for deprivation Parental rights.

List of necessary documents

1. Child's birth certificate

This document contains information about the name of the child, the date of his birth, as well as the names of his parents. Birth certificate is the main document provided to the court as evidence and proves who exactly is the parents of the child.

If you do not have a child's birth certificate, you can re-obtain, contacting the registry office, where the birth of a child was recorded.

2. Certificate of paternity

Establishing the fact of paternity in relation to a specific child. It is necessary to apply if the child was born out of marriage and paternity was established against him. If you do not have a paternity certificate - it can issue a registry office, where it was produced at your request.

3. Single Housing Document

Currently replaces about 13 previously issued documents regarding real estate. If you don't yet be issued in your area, then you need to make an extract from the house book (as proof of your stay in a certain place) and the financial and personal account (as proof of the foundations of this residence). These documents are issued in Moscow in an organization called EIRC, in other cities - in similar "hives", "Dezakh", etc. housing organizations.

4. Document on the payment of state duty

The state duty for filing the claim for the deprivation of parental rights is calculated in accordance with Art. 333.19 of the Tax Code of the Russian Federation. As of 09/01/2013, the amount of state duty is 200 rubles.

5. Document confirming parent's income

As mentioned above, the courts necessarily provide documents confirming the level of revenue of the plaintiff, as an indicator of the possibility of the content of the child.

5.1 Help 2 NDFL ("Help from the place of work")

You can get in accounting at the place of your work. Since it is issued only for a year, it is reasonable to spit not only for the current year, but also for the previous one, if the year just started ..

5.2 Help from the place of work indicating the average wage

"Standard" form, indicating, positions, work experience in this organization and average wages (often replaces the provision of 2-NDFL).

5.3 Other documents containing income information

Perhaps you take a tax inspectorate of the form of a form of 3-NDFL form or are a pensioner, in this case you need to submit available income documents (a copy of the declaration of reception mark, a certificate from the pension fund about paying you pensions or benefits).

6. Other written evidence on the claim

Under other documents it is understood that there is no exhaustive list of documents that are confirmed by the circumstances of the parent of their duties to raise the child, creating a threat of life or the health of the spouse, or a child, documents characterizing parties, and other.

6.1. Court decision to refuse to deprive parental rights

Perhaps you have already appealed to the court with such a claim and you were denied. It is necessary to attach a copy of the court decision to this claim. Please note that a copy of the court decision must be correctly certified in court, which resolved such a decision (note that each recording "copy of the right" or "entered into legal force ..." was certified by the signature of the judge and stamp).

If you do not have a copy of the court decision (or it is not properly certified), in court, where the case was considered, you will be given a certified copy. Considering that this case is most likely in the archive, it is necessary to take care of this issue as a minimum course in a few weeks.

Consider the fact that cases of refusal to deprive parental rights are stored in the archive for only five years - you should think about getting several copies of the decision in advance.

6.2. Court decision on the recovery of alimony or judicial order

Please note that these documents should also be certified as specified in the previous paragraph.

6.3. Help of bailiffs for payment (payment of payment) of alimony

It can be obtained from the Department of Bidding Services, where the court decision is fulfilled on the recovery of alimony.

Of course, such a certificate will be given to you if you have already charged alimony by court decision or accumulate them through the bailiffs service on a notarized agreement on the payment of alimony. Calculation of debt on the payment of alimony, based on practice, rarely occupies a bailiff less than a month. Have this in mind.

6.4. Certificates from educational institutions

Certificates about what classes is visiting a child in which educational organizations it is studying. Ask the leaders of these organizations to indicate in the certificate whether the parent paid to these organizations, who deprive the parental rights. And, if applied, when.

It is not bad to make a characteristic on a child, where teachers could conclude that everything is fine with the child, and mom (or dad) take part in the activities of the educational organization (or not accept).

6.5. Certificates from medical organizations

Similar to the previous item.

If there is an opportunity, ask also to indicate who led the child to the doctor, at what address did the doctor called the child to the house.

6.6. Court sentence

If the basis for deprivation of parental rights is the commission of a crime. The verdict of the court must be certified as indicated in paragraph 6.1.

Please pay attention to the fact that the specified list cannot be exhaustive, and it is necessary to apply as many documents that substantiate your arguments as possible.

At perfect accurately, it is not necessary to apply "extra" documents, although confirming some aspects of the child's life, but not those that are grounds for the deprivation of parental rights. For example, it is absolutely not needed in copies of checks or contracts confirming the costs of a child (however, an agreement with educational organizations should be attached - he proves who exactly concluded this contract. As a rule, the parent who is deprived of parental rights, has no relation to this). You should not survive diaries, certificates, lists of estimates, copies of medical cards, etc., they will only dispel the court's attention.

You can transfer to the case of copies (photocopies) of documents, submitting the originals at the meeting the court "to review". In this case, the judge himself will assure a copy of the documents available in the case. Alternatively, you can submit to the case notarized copies. Of course, documents like references from the place of work or discharge from the house book should be served in the originals.

Do not forget that when applying, you will need in sufficient quantities (photocopies) of all the documents attached to the claim to convey to others participating in the case of persons (including the defendant, the prosecutor, the guardianship ...).

Procedure

The deprivation of parental rights is in the exclusive competence of the court.

The application for the deprivation of parental rights is submitted to the district court at the place of residence of the defendant and is considered in accordance with the procedure for claims, i.e. The form of appeal to court is the statement of claim.

Preparation of documents

The statement of claim is attached (Art. 132 Code of Civil Procedure of the Russian Federation):

documents confirming the circumstances on which the plaintiff basses its requirements, copies of these documents for the defendants and third parties, if they have no copies.

As shown earlier in the "list of necessary documents", you need to collect this package of documents for the application to the claim. It is worth noting that this package must be attached not only to the basic lawsuit in the court, but also to the copies of the claim for the parties.

Preparation of the claim in court

The statement of claim must meet the requirements of Art. 131 Code of Civil Procedure of the Russian Federation. The claim should reflect the actual circumstances of the case, violating the rights and legitimate interests of the child.

In accordance with Art. 69 SC RF Parents (one of them) may be deprived of parental rights if they are:

This list is exhaustive.

Applying a claim

The statement of claim for the deprivation of parental rights is submitted to the court at the place of residence of the defendant (Art. 28 Code of Civil Procedure of the Russian Federation). An exception to this rule is the submission of the claim at the place of residence of the plaintiff, in the event of an association of claims for the deprivation of parental rights and on the recovery of alimony (Part 3 of Art. 29 Code of Civil Procedure of the Russian Federation).

As a court of first instance (the court of seeing a lawsuit for the first time) is the district courts of Moscow (district and city courts of the Moscow region or other subject of the federation).

The statement of claim can be sent by mail to the court address, or personally, contacting the court through the expedition, or at the reception of the judge. We recommend that if you prepared and submit a lawsuit yourself, to make it at the judge at the reception to immediately check the compliance of the claim with the requirements of the established legislation of the Russian Federation.

If the claim will be considered in another city, then, of course, you will have to give it by mail. Use custom shipment (letter or parcel) with a receipt notice.

For 5 days after the revenue of the claim to the court, the judge is obliged to find out the appointment court. Meetings

Agenda for the guardianship and guardianship authority and surveys of housing conditions

In accordance with paragraph 2 of Art. 78 of the RF IC, the guardianship and guardianship authority is obliged to conduct a survey of the living conditions of the child and the person (persons) applying to their upbringing, and submit an act of an act of examination and a conclusion based on it is essentially a dispute.

Since this rule obliges the guardianship and guardianship authority to conduct an act of the survey of living conditions and give a conclusion based on it on the merits of the dispute, not much important is the coordination of the date and time of the specified act of examination at the place of residence of the child.

Therefore, in order to save time and get rid of the tension of Russian Post, it is better if the agenda for the guardianship and trusteeship body from the court you will deliver themselves. Ask a judge to issue this agenda (together with the claim and, maybe with the definition of checking your housing conditions), and you deliver it yourself, receiving on the root of the agenda. Then this receipt must be returned to the court.

When examining housing conditions (agree on the date and time with an employee, when you transfer the agenda) is made in order to conclude that the child is currently doing well, and also directly get information on the case (for example, participation of the second parent in the education of the child). As a rule, at the time of the act of the examination, the employee of the guardianship authority talks with the child. Do not worry, your baby will not torment questions about whether he agrees to the deprivation of parental rights of his parent. No, most likely, the conversation will be held in a games form, and the child will simply ask to tell about their family (and he will tell, for example, that he lives with mom and grandmother, but about the dad - silent).

The result of the survey will be the act that an employee of the guardianship authority will bring.

Trial

This category of affairs is regarded with the obligatory participation of the prosecutor and the guardianship and guardianship body, regardless of the one who is claimed. And the prosecutor and the guardianship and guardianship authority give their conclusions.

When considering the case in the district court, there will be only one judge in the court (he is the chair). It was he (or she, most of the judges - women) will solve the fate of your and your child. A judge must be respected at least at least for that. Even if the judge behaves in some incomprehensible way to you (for example, it raises the voice or says the things that are unclear), it is necessary to stay in the position of unconditional respect for the court, do not interrupt, do not object if something is unclear - ask to clarify.

Appeals to the court (requests) are called "petition", with an emphasis on the first "A" (petition). You, as a party in the case, has the right to declare a petition (to appeal to the court) on any important issue: about the call of witnesses, about the evidence request, the deposition of a meeting for any reason that you are given time to familiarize With someone brought to court with the other party, the document. Each petition, the court must be resolved (to take on it). An intermediate court decision, for example, about the resolution of your petition, is made in the form of a definition (the judge says: "The court defined"), and cannot be appealed.

The trial is a separate type of human activity, subordinate to certain, fairly tough rules, know, understand and use which is a special skill, which has long been studied, first in the legal admission, and then - long experience in the courts, your lawyer representing your interests in court . Of course, there is nothing impossible and in order to take part in a court session in his case, but there is no doubt that any lawyer (is it of your procedural opponent, by the way?) Make it much more efficiently.

You are waiting for several court sessions, at a minimum: preliminary (where it does not matter in essentially, but only one friend is transferred to each other, requests, agendas, etc.) and the main thing, where the case will be considered essentially a question. Meetings can be postponed, that is, transferred to another day (as a rule for 3-4 weeks) in order for some actions to be performed: the defendant was called, the documents were requested, witnesses are called, etc. So the hearing of the case can take several months and even a year.

You can apply for the depositing of the meeting, for example, if you are sick. Such a petition can be stated in writing and transfer to court (through an expedition) in advance.

At the hearing, the parties give explanations. You are a supporting claim, the defendant is objection against the claim. It is allowed (and even necessary) to ask those or other issues respondent. Questions also ask witnesses in question in the case. All questions are asked with permission (or at the proposal) of the presidential. Questions to the prosecutor or court can not be asked.

Within the framework of the brochure, it is impossible to argue all aspects of the correct behavior in court, and, moreover, issues of tactics and strategy interrogation of witnesses or defendant. In any case, you should not ask questions, the answer to which will not prove anything related to your claim. Do not ask the Distribution, as he got to life, or why he did not see the child. It is not your business to understand the motives of his behavior, it is important for you to prove, he communicated with the child or not.

For example, to ask the defendant correctly to call the date when he saw a child for the last time (most likely he was not suitable, and something like "three years ago"), but it's wrong - Whether he went to school to the child (you there is a certificate that I did not go - to refute it is not your job), or wondering why he does not go to the child (you will hear the reason for one degree of "respectfulness", which will deprive you of the opportunity to say that no obstacles to communication with the child are not It was).

In any case, you never need to "argue" with a witness or defendant, if he is telling a lie. Submit evidence of the opposite, and not just express your indignation.

The child over the age of 10 may interview in court as part of the consideration of the claim for the deprivation of parental rights. As a rule, the question is not put in front of the child, it simply finds out his relationship with the parent, deprived of parental rights: when I saw the last time, as it belongs to him, when the last time I called on the phone, etc.

Consideration of the case ends with the study of the materials of the case (ask at this moment the judge pay attention to a document, if necessary), the conclusion of the prosecutor and the debate of the parties. In the debate, each of the parties summarizes the evidence. Here is the time to talk about the lies of witnesses, leading evidence that refute their testimony. Again, the performance in the debate requires a separate preparation, and a separate training course. In any case, your lawyer must prepare for the debate, he was taught it.

The court's decision

The court decision that satisfies the claims for the deprivation of parental rights enters into force after 30 days from the moment of making a motivated decision (if it was not appealed. Otherwise, after considering the case by the court of a second instance).

To make appropriate information to record the act of the civil status of the child due to the deprivation of parental rights parent, the court sends to the territorial body registry office of an extract from the decision.

Even if the guilty behavior of the parent will be proven in court, in exceptional cases, the court, taking into account the nature of his behavior, personality and other circumstances, are entitled to refuse to satisfy the claim for the deprivation of parental rights.

In this case, the defendant is warned by the court about the need to change its attitude towards the raising of children, and the obligations of the guardianship and guardianship are responsible for monitoring parental duties.

As a rule, the decision makes the court in a brief (incomplete) form, announced at the court hearing only the operative part of the decision (in fact, that he decided to: deprive the parental rights of his name in relation to his child, for example). Fully court decision will be made after a while. By law, this period is 5 days, however, as a rule, it will never be held (in any case in Moscow and the metropolitan area). It is connected with a huge load on judges - do not have time to write.

So, in two or three weeks (usually such a term) you will receive a court decision. However, it did not take effect! For those who do not agree with this decision there is a month to appeal to appeal (from the moment of making a solution in the final, full form. Please note: manufacturers, not the date of issuing it to you!).

If the appeal did not take place - contact the court and get a mark about its entry into force. If the decision is appealed, it will be revised by the Court of the second IIInstation (Moscow - Moscow City Court, in the Moscow Region - Moscow Regional Court, etc.), which can change the decision or leave it unchanged.

In this case, the court decision will come into force after its revision in the court of the second (appellate) instance.

The court decision on the deprivation of parental rights that entered into legal force is recommended to be obtained in court at several (at least three) specimens: it can be useful, for example, when considering the adoption of the child.

Sample statement

Preobrazhensky district court of the city of Moscow (Bucket 2-Aya Str., 4, Moscow, 107076)

Plaintiff: Ivanova Elena Ivanovna (Londeyshevaya Street, 10, Moscow, 123466)

Respondent: Sidorov Sergey Petrovich (Oleny Val Str., 11 Corps 8, Apartment 60, Moscow, 107105)

Other, participating in the case of the face:
1. Prosecutor

2. The guardianship and guardianship authority - the Office of Social Protection of the population of the Bornogo

3. The guardianship and guardianship authority - the administration of the city district Kurkino

State duty: 200 rubles

Statement of claim

11.08.2009, I, Ivanova Elena Ivanovna, 07/10/1985, was born daughter - Ivanov Maria Sergeyevna (record an act of birth dated August 10, 2009 No. 354 in the Savelovsky Department of the registry office of Moscow registry office), in respect of which Sidorov Sergey Petrovich, 01/22/19 ,., recognized his paternity (a post on the establishment of paternity of August 10, 2009 No. 564 in the Savelovsky Department of the registry office of the registry office of Moscow).

From birth, Maria lives together with me, his father lives separately. I am engaged in raising a child only. Father Mary actually self-made out of her upbringing, the desire to meet her did not show it, did not accept any participation in her life.

The defendant evades the fulfillment of the duties of the parent, is not interested in the life and health of the Son, does not participate in his upbringing, training, does not care about moral and physical development, does not take part in the content of the child, although it has a real opportunity to do this. Also, the defendant did not participate in the additional costs of a child related to medical care, summer holidays and sanatorium treatment. The defendant does not care about the moral and physical development of the child, training, does not fulfill other parental responsibilities.

(bring the arguments, and substantiate their arguments)

In accordance with Art. 69 of the RF IC, parents (one of them) can be deprived of parental rights if they shy away from the fulfillment of parental duties.

Thus, I believe that there are sufficient grounds for the deprivation of Sidorov Sergey Petrovich, 01/22/1980, Parental rights regarding the minor Ivanova Mary Sergeevna, 11.08.2009.

Based on the foregoing, guided by Art. 63, 69-71 SC RF, please:

to deprive Sidorov Sergey Petrovich, 01/22/1980, parental rights against the minor Ivanova Mary Sergeevna, 11.08.2009.

Applications: 1. A document on the payment of state duty.

2. Copies of the claim for persons involved in the case (with all the accompanying documents.

3. A copy of the birth certificate.

4. A copy of the certificate of paternity.

5. Extract from the house book at the place of residence of the plaintiff.

Plaintiff (signature)

Ivanova E. I.

Regulations

Family Code of the Russian Federation (extraction)

Article 54. The right of a child to live and brought up in the family

1. The child is recognized as a person who has not reached the age of eighteen (majority).

2. Each child has the right to live and raised in the family, as far as possible, the right to know its parents, the right to their care, the right to jointly living with them, except for cases when it contradicts his interests.

The child has the right to raise his parents, ensuring his interests, comprehensive development, respect for His human dignity.

In the absence of parents, with the deprivation of their parental rights and in other cases the loss of parental care, the child's right to education in the family is ensured by the guardianship authority in the manner prescribed by Chapter 18 of this Code.

Article 55. The right of a child for communication with parents and other relatives

1. The child has the right to communicate with both parents, grandfather, grandmother, brothers, sisters and other relatives. The dissolution of parents, recognition of his invalid or separate accommodation of parents does not affect the rights of the child.

In the case of separate residence of parents, the child has the right to communicate with each of them. The child has the right to communicate with his parents also in the case of their residence in different states.

2. A child in an extreme situation (detention, arrest, detention, finding in a medical institution and the other) has the right to communicate with his parents (persons who replace them) and other relatives in the manner prescribed by law.

Article 56. The right of a child to defense

1. The child has the right to protect his rights and legitimate interests.

The protection of the rights and legitimate interests of the child is carried out by parents (persons replacing them), and in cases provided for by this Code, the guardianship and guardianship authority, the prosecutor and the court.

A minor, recognized in accordance with the law fully capable to achieve majority, has the right to independently exercise his rights and obligations, including the right to defense.

2. The child has the right to defense against abuse from parents (persons replacing them).

In case of violation of the rights and legitimate interests of the child, including the non-fulfillment or in improper fulfillment by parents (one of them) duties for the education, education of a child or in the abuse of parental rights, the child has the right to independently apply for their protection to the guardianship and guardianship authority, and Achieve the age of fourteen to court.

3. Officials of organizations and other citizens who will be known about the threat of life or child health, about violating his rights and legitimate interests, are obliged to inform about this to the guardianship body and guardianship to the actual location of the child. Upon receipt of such information, the guardianship and guardianship authority is obliged to take the necessary measures to protect the rights and legitimate interests of the child.

Article 57. The right of the child to express his opinion

The child has the right to express his opinion when solving in the family of any question affecting his interests, as well as be heard during any judicial or administrative proceedings. Accounting for the opinion of the child who has reached the age of ten years is obligatory, with the exception of cases when it contradicts his interests. In cases provided for by this Code of Article 59, 72, 132, 134, 136, 143, 132, 134, 136, 143, 145), the guardianship and trusteeship authorities or the Court may decide only with the consent of the child who has reached the age of ten years.

Article 63. Rights and obligations of parents for the education and education of children

1. Parents have the right and must educate their children.

Parents are responsible for the upbringing and development of their children. They are obliged to take care of the health, physical, mental, spiritual and moral development of their children.

Parents have a predominant right to raise their children to all other persons.

2. Parents are obliged to ensure the acquisition of the main general education and to create conditions for their average (full) general education.

Parents, taking into account the opinion of children, have the right to choose an educational institution and the form of education by children.

Article 66. Implementation of parental rights by the parent residing separately from the child

1. The parent who lives separately from the child has the right to communicate with the child, participation in its upbringing and addressing the issues of the child's education.

The parent with whom the child lives should not prevent the child's communication with another parent, if such communication does not harm the physical and mental health of the child, its moral development.

2. Parents have the right to enter into a written agreement on the procedure for the implementation of parental rights by the parent residing separately from the child.

If parents cannot come to an agreement, the dispute is permitted by the court with the participation of the guardianship and guardianship authority at the request of parents (one of them). At the request of parents (one of them), in accordance with the procedure established by civil procedural legislation, the court with the obligatory participation of the guardianship and guardianship authority is entitled to determine the procedure for the implementation of parental rights for the period prior to the legal force of the court decision.

3. If the court decision is not fulfilled, the measures provided for by civil procedural legislation are applied to the guilty parent. With a malicious non-compliance with the court decision, the court at the request of the parent living separately from the child can make a decision on the transfer of a child to him on the basis of the interests of the child and taking into account the opinion of the child.

4. The parent who lives separately from the child has the right to receive information about his child from educational institutions, medical institutions, institutions of social protection of the population and similar organizations. In the provision of information can be denied only if there is a threat to the life and health of the child from the parent. Refusal to provide information may be challenged in court.

Article 69. Decision of parental rights

Parents (one of them) may be deprived of parental rights if they are:

evade the fulfillment of parental duties, including with malicious evasion of the payment of alimony;

refuse without valid reasons to take their child from the maternity hospital (separation) or from a particular medical institution, educational institution, institutions of social protection of the population or from similar organizations;

abuse with their parental rights;

brutally treated with children, including physical or mental violence against them, begged on their sexual integrity;

are patients with chronic alcoholism or drug addiction;

make a deliberate crime against the life or health of their children or against the life or health of the spouse.

Article 70. The procedure for depriving parental rights

1. The deprivation of parental rights is carried out in court.

Cases about the deprivation of parental rights are considered at a request of one of the parents or persons who replace them, the application of the prosecutor, as well as according to the statements of bodies or organizations to which the responsibilities for the protection of minor children (guardianship and guardianship bodies, commissions for minors, organizations for orphans and children left without parental care, and others).

2. Cases of deprivation of parental rights are considered with the participation of the prosecutor and the guardianship and guardianship authority.

3. When considering the case of deprivation of parental rights, the court decides the issue of collecting alimony into a child from parents (one of them) devoid of parental rights.

4. If the court, when considering the case of deprivation of parental rights, will find in the actions of parents (one of them) signs of criminal acting, he is obliged to notify the prosecutor.

5. The court is obliged within three days from the date of entry into force of the court's decision on the deprivation of parental rights to send an extract from this decision to the authority to record the acts of civil status at the place of state registration of the child's birth.

Article 71. The consequences of the deprivation of parental rights

1. Parents devoid of parental rights lose all rights based on the fact of kinship with a child in respect of whom they were deprived of parental rights, including the right to receive content from him (Article 87 of this Code), as well as the right to benefits and State benefits established for citizens who have children.

2. The deprivation of parental rights does not exempt the parents from the duty to contain their child.

3. The question of the further joint residence of the child and parents (one of them), devoid of parental rights, is solved by the court in the manner prescribed by housing legislation.

4. A child in respect of which parents (one of them) are deprived of parental rights, retains ownership of residential premises or the right to use residential premises, and also retains property rights based on the fact of relationship with parents and other relatives, including the right to Getting an inheritance.

5. If it is impossible to transfer the child to another parent or in case of depriving the parental rights of both parents, the child is transferred to the care of the guardianship and guardianship.

6. Adoption of the child in the case of depriving parents (one of them) of parental rights is allowed not earlier than the expiration of six months from the date of the decision of the court on the deprivation of parents (one of them) of parental rights.

Article 72. Restoration of parental rights

1. Parents (one of them) can be restored in parental rights in cases if they changed the behavior, lifestyle and (or) attitude towards raising a child.

2. Restoration in parental rights is carried out in court at the request of the parent, deprived of parental rights. Parental recovery cases are considered with the participation of the guardianship and guardianship authority, as well as the prosecutor.

3. Simultaneously with the statement of parents (one of them) on recovery in parental rights, the requirement to return the child to parents (one of them) can be considered.

4. The court may, taking into account the opinion of the child, to refuse to satisfy the claim of parents (one of them) on recovery in parental rights, if the recovery in parental rights is contrary to the interests of the child.

Restoration of parental rights against a child who has reached the age of ten years is possible only with his consent.

Parental rights are not allowed if the child is adopted and adoption is not canceled (Article 140 of this Code).

5. Within three days from the date of entry into force of the court's decision to restore in parental rights, the court sends an extract from such a decision of the court to the civil status record authority at the place of state registration of the child's birth.

Article 78. Participation of the guardianship and guardianship authority when considering the court of disputes related to the education of children

1. When considering the judgment of the disputes associated with the education of children, regardless of who the guardianship and guardianship should be brought to participate in the case.

2. The guardianship and guardianship authority is obliged to conduct a survey of the living conditions of the child and the person (persons) applying to their upbringing, and submit to the court of an act of examination and the conclusion based on it is essentially a dispute.

Article 80. Responsibilities of parents for the maintenance of minor children

1. Parents are obliged to contain their juvenile children. The order and form of providing the content of juvenile children are determined by their parents on their own.

Parents have the right to conclude an agreement on the content of their minor children (agreement on the payment of alimony) in accordance with Chapter 16 of this Code.

2. In the event that parents do not provide the content of their minor children, funds for the maintenance of minors (alimony) are charged with parents in court.

3. In the absence of an agreement of the parents on the payment of alimony, in case of failure to provide the content of minor children and at the unemployment of the claim to the court, the guardianship body and guardianship is entitled to make a claim for the recovery of alimony into minor children to their parents (one of them).

Article 163. Rights and obligations of parents and children

The rights and obligations of parents and children, including the obligation of parents on the maintenance of children, are determined by the legislation of the state in which they have a joint place of residence. In the absence of a joint residence of parents and children, the rights and obligations of parents and children are determined by the legislation of the state, whose citizen is a child. At the request of the plaintiff to aliminates and other relations between parents and children, the state legislation can be applied, in whose territory the child constantly lives.

Civil Procedure Code of the Russian Federation (extraction)

Article 55. Evidence

1. Evidences in the case are information about facts on the basis of the law, on the basis of which the Court establishes the presence or absence of circumstances that substantiate the requirements and objections of the Parties, as well as other circumstances that are important for the right consideration and permission of the case.

This information can be obtained from the explanations of the Parties and third parties, witness testimony, written and physical evidence, audio and video recordings, expert opinions.

2. The evidence obtained in violation of the law does not have legal force and cannot be based on the court decision.

Article 56. The duty of evidence

1. Each party must prove the circumstances to which it refers to both on the basis of its requirements and objections, unless otherwise provided by federal law.

2. The court determines which circumstances are important to what side to prove them, makes circumstances to discuss, even if the parties did not refer to any of them.

Article 57. Representation and evidence

1. The evidence is submitted by the parties and other persons participating in the case. The court has the right to offer them to submit additional evidence. In the event that the presentation of the necessary evidence is difficult for these persons, the court for their petition is assisted in the collection and extermination of evidence.

2. In the request for the recovery of evidence, proof should be marked, and also indicate which circumstances that are important for the correct consideration and permission of the case may be confirmed or refuted by this evidence, the reasons that prevent evidence are indicated and the place of finding evidence. The court issues the request to the request for evidence or requests evidence directly. A person who has a court exterminated by the court sends it to the court or transmits a person to his face having a corresponding request for submission to court.

3. Officials or citizens who are not able to provide exterminated evidence in general or in the court established by the court must notify the court within five days from the date of receipt of the request indicating the reasons. In case of unchecification of the court, as well as in case of non-fulfillment of the court's claim on the submission of evidence for reasons recognized by the court disrespectful, on guilty officials or citizens who are not persons involved in the case are imposed, a fine is imposed on officials in the amount of up to one thousand rubles , on citizens - up to five hundred rubles.

4. The imposition of a fine does not exempt the relevant officials and citizens who have exterminated evidence, from the obligation to submit it to the court.

Article 68. Explanations of the Parties and Third Parties

1. Explanations of the parties and third parties about the circumstances known to them that are important for the correct consideration of the case are subject to verification and evaluation along with other evidence. If the party is obliged to prove his demands or objections, he keeps the evidence from it and does not submit them to the court, the court has the right to justify its conclusions with explanations of the other party.

2. Recognition by the Party of Circumstances, in which the other Party establishes its requirements or objections, frees the latter from the need to further proof these circumstances. Recognition is entered into the minutes of the court session. The recognition set forth in a written statement is attached to the case file.

3. In case the court has reason to believe that recognition is committed in order to conceal the actual circumstances of the case or influenced by deception, violence, threatening, conscientious misconception, the court does not accept recognition about the court to make a definition. In this case, these circumstances are subject to evidence on general reasons.

Article 69. Certifications

1. The witness is a person who can be known any information about the circumstances of the importance for consideration and permission of the case. Not evidence information reported witnessed if it cannot specify a source of his awareness.

2. The person appropriate for the call of a witness is obliged to indicate which circumstances that are important for consideration and permission of the case can confirm the witness, and report its name, patronymic, surname and place of residence.

3. Not subject to interrogation as witnesses:

1) Representatives in civil case, or defenders in a criminal case, the case of an administrative offense, or mediators - about the circumstances that they have become known in connection with the fulfillment of the obligations of the representative, the defender or the mediator;

2) judges, jurors, folk or arbitration assessors - on issues that arose in a deliberation room in connection with the discussion of the circumstances of the case when making a court or sentence;

3) the priests of religious organizations that have undergone state registration are about the circumstances that they have become known from confession.

4. It is entitled to refuse to give testimony:

1) a citizen against himself;

2) Spouse against the spouse, children, including adopted, against parents, adoptive parents, parents, adoptive parents against children, including adopted;

3) brothers, sisters against each other, grandfather, grandmother against grandchildren and grandchildren against grandfather, grandmother;

4) deputies of legislative bodies - in relation to the information that became known in connection with the execution of deputy authority;

5) Commissioner for Human Rights in Russian Federation - With regard to information that became known to him in connection with the fulfillment of their duties.

Article 70. Duties and witness rights

1. The person caused as a witness is obliged to appear in the court at the appointed time and give truthful testimony. The witness can be interrogated by the court at the place of his stay, if he is due to illness, old age, disability or other valid reasons is not able to appear on calling the court.

2. For the gift of the obviously false testimony and for refusing to give testimony based on the reasons not provided for by the Federal Law, the witness is responsible provided for by the Criminal Code of the Russian Federation.

3. The witness has the right to reimburse the costs associated with the challenge to the court, and to receive monetary compensation due to time loss.

Article 71. Written evidence

1. Written evidence are containing information about circumstances that are important for consideration and permission of the case, acts, contracts, certificates, business correspondence, other documents and materials made in the form of a digital, graphic record, including those obtained by facsimile, electronic or other Communication is either other allowing to establish the accuracy of the document method. Written evidence includes sentences and decisions of the court, other court decisions, protocols for the commission of procedural actions, the minutes of court sessions, annexes to the protocols for the commission of procedural actions (schemes, cards, plans, drawings).

2. Written evidence is submitted in the script or in the form of a properly certified copy.

Genuine documents are submitted when the circumstances of the case under the laws or other regulatory legal acts are subject to confirmation only by such documents when it is impossible to resolve without genuine documents or when copies of the document are presented in their own content.

3. Copies of written evidence submitted to the court by the face involved in the case, or exquisition by the court, are sent to other persons participating in the case.

4. The document obtained in a foreign state is recognized by written evidence in court if its authenticity is not refuted and it is legalized in the prescribed manner.

5. Foreign official documents are recognized in court written evidence without legalization in cases stipulated by the International Treaty of the Russian Federation.

Article 131. Form and content of the claim

1. The statement of claim is submitted to the court in writing.

2. The claim must contain:

1) the name of the court in which the application is submitted;

2) the name of the plaintiff, his place of residence or, if the plaintiff is the organization, its location, as well as the name of the representative and its address, if the application is filed by the representative;

3) the name of the defendant, his place of residence or, if the defendant is an organization, its location;

4) What is the violation of either the threat of violation of the rights, freedoms or legitimate interests of the plaintiff and its requirements;

5) the circumstances on which the plaintiff basses its requirements, and evidence confirming these circumstances;

6) the price of the claim if it is subject to the assessment, as well as the calculation of the accurate or disputed monetary amounts;

7) information on compliance with the pre-trial procedure for referring to the defendant, if it is established by federal law or is provided for by the Agreement of Parties;

8) The list of documents attached to the application.

The statement may include phone numbers, faxes, email addresses of the plaintiff, his representative, the defendant, other information that are important for consideration and permission of the case, as well as the postection of the plaintiff.

4. The statement of claim is signed by the plaintiff or his representative if he has the authority to sign an application and presenting it to court.

Article 132. Documents attached to the claim

The statement of claim is attached:

its copies in accordance with the number of respondents and third parties;

a document confirming the payment of state duty;

power of attorney or other document certifying the powers of the representative of the plaintiff;

documents confirming the circumstances on which the plaintiff basses its requirements, copies of these documents for the defendants and third parties, if they are missing copies;

the proof confirming the fulfillment of the mandatory pre-trial procedure for the settlement of the dispute, if such an order is provided for by federal law or contract;

the calculation of the recoverable or disputed monetary amount signed by the plaintiff, his representative, with copies in accordance with the number of respondents and third parties.

Article 177. The procedure for interrogation of a witness

1. Each witness is interrogated separately. The witness can be interrogated by using video conferencing systems. Interrogation of a witness through the use of video conferencing systems is carried out by a court considering civil matters on the basis of the general rules established by this Code, taking into account the features provided for in Article 155.1 of this Code.

2. The presiding story finds out the attitude of a witness to the persons participating in the case, and offers a witness to inform the court everything that he personally knows about the circumstances of the case.

3. After that, the witness can be asked questions. The first asks questions a person, according to which the witness is called, a representative of this person, and then other persons participating in the case, their representatives. The judges have the right to ask questions a witness at any time of his interrogation.

4. If necessary, the court may reconnect the witness in the same or in the next court session, as well as re-interrogate witnesses to clarify the contradictions in their testimony.

5. A completed witness remains in the courtroom before the end of the proceedings of the case, if the court will not allow him to be removed before.

Article 179. Interrogation of a minor witness

1. Interrogation of a witness under the age of fourteen years, and at the discretion of the court and the interrogation of a witness aged from fourteen to sixteen years is made with the participation of a pedagogical worker who is called to court. If necessary, parents, adoptive parents, guardian or trustee of a minor witness are also caused. These persons can with the permission of the presiding party to ask a witness questions, as well as express their opinion on the identity of the witness and the content of the data of the testimony.

2. In exceptional cases, if it is necessary to establish the circumstances of the case, at the time of the interrogation of a minor witness from the courtroom on the basis of a court definition may be removed by a person who participates in the case, or any of the citizens who are present in the courtroom. The person who participates in the case, after returning to the courtroom, the content of the minors a minor witness must be reported and should be given the opportunity to ask a witness.

3. The witness under the age of sixteen years old, at the end of his interrogation, is removed from the courtroom, except if the court recognizes the presence of this witness in the courtroom.

Resolution of the Plenum of the Armed Forces of the Russian Federation of 05.27.1998 No. 10 "On the application by the courts of legislation in resolving disputes related to the education of children" (extraction)

10. When preparing for a judicial proceedings of the case of depriving the parental rights of one of the parents, the judge in order to protect the rights of minor and ensure the proper conditions for its further education, as well as the protection of the rights of the parent who does not live with the child, is necessary in each case to notify this parent about the time And the place of trial and explain that he has the right to declare the requirement for the child's transfer to him to upbringing.

11. Parents may be deprived by the court of parental rights on the grounds provided for in Article 69 of the RF IC, only in the case of their guilty behavior.

Evasion of parents from the fulfillment of their duties to raise children can be expressed in the absence of concern for their moral and physical development, training, preparation for socially useful work.

Under the abuse of parental rights, it is necessary to understand the use of these rights to the detriment of the interests of children, for example, the creation of obstacles in learning, declining to begging, theft, prostitution, drinking alcohol or drugs, etc.

Cruel treatment of children can manifest itself not only in the implementation of the parents of physical or mental violence over them either in the attempt on their sexual inviolability, but also in the application of invalid education methods (in rough, dismissive, degrading human treatment, insult or exploiting children) .

Chronic alcoholism or disease of the parents of drug addicts must be confirmed by the relevant medical conclusion. The deprivation of parental rights on this basis can be made independently of the recognition of the defendant limitedly capable.

12. Based on Art. 69, 73 of the SC of the Russian Federation cannot be deprived of the parental rights of persons who do not perform their parental duties due to the progress of severe circumstances and for other reasons, independent of them (for example, mental disorder or other chronic disease, The exception of persons suffering from chronic alcoholism or drug addiction). In these cases, as well as when considering the case, there will be no sufficient grounds for the deprivation of parents (one of them) of parental rights, the court may decide on the decide of the child and transfer it to the care of the guardianship and guardianship bodies, provided that the child's leaving of the child Parents are dangerous for him (paragraph 2 of Article 73 of the RF IC).

In the same order, the question of the mapping of children from adoptive parents may be allowed, if there are no laws established by law (Article 141 of the RF IC) basis to cancel adoption.

When considering a case on the restriction of parental rights, it is necessary to resolve the issue of recovery of alimony to a child from parents (one of them) or adoptive parents.

13. Courts should be borne in mind that the deprivation of parental rights is an extreme measure. In exceptional cases, with the proof of the guilty behavior of the parent, the court, taking into account the nature of his behavior, personality and other specific circumstances, is entitled to refuse to satisfy the claim for the deprivation of parental rights and warn the defendant about the need to change its attitude towards the education of children, having undergoing control over the operations and guardianship They are parental duties. Refusing to a lawsuit on the deprivation of parental rights, the court in the presence of the above circumstances has the right to be able to resolve the issue of making a child from parents and transfer to its guardianship and guardianship authorities if the interests of the child are required.

14. Deciding on the deprivation of parental rights entails losing parents (one of them) not only those rights they had before reaching the children of majority, but also other facts based on kinship with a child arising from both family and other legal relations.

15. Given that the person deprived of parental rights loses and the right to receive pensions appointed by children, benefits, other payments, as well as alimony, recovered for a child (paragraph 1 of Article 71 of the RF IC), a court after the entry into force of the decision on The deprivation of parental rights should be directed by a copy of the authority that produces these payments, or to the court at the place of deciding on the payment for discussing the issue of transferring payments to the account of the children's institution or the person to whom the child was transferred to the upbringing.

17. Since in accordance with paragraph 2 of Article 71 of the SC of the Russian Federation, deprivation of parental rights does not exempt the parent from the obligation to maintain its child, the court in accordance with paragraph 3 of Article 70 of the RF IC, when considering the case of deprivation of parental rights, decides and the issue of recovery Alimony on a child, regardless of whether such a lawsuit is presented.

When the parental rights of one parent and the transfer of the child to the upbringing of another parent, guardian or trustee or adoptive parents, alimony are charged in favor of these persons in accordance with Article.81-83, paragraph 1 of Article 84 of the RF IC. If children before addressing the issue of deprivation of parental rights have already been placed in children's institutions, alimony, charged with parents deprived of parental rights are credited to the accounts of these institutions, where they are taken into account separately for each child (paragraph 2 of Article 84 of the RF IC).

When the parental rights of both parents or one of them are deprived of the parental rights, when the transfer of the child to another parent is impossible, the alimony is subject to recovery not the body of guardianship and the guardianship, which in such cases the child is transmitted (paragraph 5 of Article 71 of the RF IC), but are transferred to a personal account of the child in the separation of the savings bank.

18. In a court decision on deprivation of parental rights, a child is transmitted to education: another parent, the guardianship and guardianship authority or guardian (trustee), if it is already appointed in the prescribed manner.

If it is impossible to transfer the child to another parent or in case of depriving the parental rights of both parents, when the guardian (trustee) is not yet appointed, the child is transmitted by the court to the care of the guardianship and guardianship authority.

It should be borne in mind that the transfer of a child to the upbringing of relatives and other persons is allowed only in the case when these individuals are appointed by his guardians or trustees.

When the child's transfer to the care of the guardianship and guardianship organs (p.5 of Article 71, Article 121 of the RF IC), the court should not address the question of how the fate of the child should be determined by these bodies (placement in the Children's Institution, boarding school, purpose Guardian, etc.), since the choice of a method of children's device refers to the competence of the above-mentioned organs.

An extract from the court decision on the deprivation of parental rights within three days from the date of its entry into force in accordance with paragraph 5 of Article 70 of the SC of the Russian Federation should be sent by the court to the civil status record authority at the place of state registration of the child's birth.

Fight!

Thank you for reading this little book carefully. I hope the question of deprivation of parental rights has become a little more pointless.

Employees of the guardianship authority will always try to help you in resolving one or another family conflict associated with the education of children. But if the situation did not work out - you have to go to court.

I really hope that now you can cope with it yourself.

But if you have any questions - contact.

With the birth of new members of the Society - Children - Mother and Father voluntarily undertake commitments to give a versatile development, provision and appropriate conditions for life. Popting the parents of the rights of children, malicious failure to fulfill obligations - these are good reasons to take away from dad and mothers or one of them the opportunity to take part in the educational process and the content of children.

What can be the basis?

The SC of the Russian Federation obliges his father with his mother to form the moral appearance of his children, as well as take their comprehensive life interests under a strict guarantee, to create prosperous conditions of life, harmonious personality formation. Parents in everyday life do not have the moral right to abuse their position and use it in such a way as to bring harm to the development of the child.

Failure to comply with the above-mentioned basic requirements or neglects such leads to the study of the issue by competent representatives of state power on restriction or termination of prerogatives to provide funds to life, having dependent children, take part in their daily education for one or both parents.

Article 69 of the Family Code clearly gives an exhaustive list of factors, on the basis of which is argued, legally take away the debt to the upbringing and maintenance of native children:

• The reluctance of the father and mother or one of them to fulfill the functional obligations. Do not provide a child, without good reason, proper content (nutrition, dressing, housing conditions). Do not follow the prevention of the incidence of children (do not conduct timely vaccinations, treatment, medical examination), do not pay due attention to the physical, mental formation of the child. Neglect intellectual, moral and moral education, timely skills to independent accommodation. Regularly infringe upon the child, neglect its needs and circle of interest.
• Unreasonable disagreement to pick up a baby with a maternity hospital or medical institution. In the situation of the definition of a baby with any physical disabilities from birth, with a psychological underdevelopment in the profile medical institution or a psychiatric hospital for the state supply to the 15th anniversary with the consent of the parents is not the reason for the deprivation of parental rights.
• Excessive use of parental rights towards not reaching the 18th anniversary of a child, which in no way comes in good by the latter (coercion to the separation of strong alcohol-containing drinks and the consumption of narcotic substances, coherent to the provision of paid sex services and regular begging, engaging in crime, prohibition Educational institutions, unlawful inexpensive use of personal property of the child, etc.).
• Systematic fierce (unfounded assault, regular beating, suggestion of fear, regular threats of reprisals) Choosing parents with children, encroachment on their sexual intact. If the methods of the educational process adversely affect the moral and moral development, humiliate human dignity, are offensive and forced to proceeding labor - this is a reason for pre-production for the criminal prosecution of such parents throughout the severity of the law
• The facts of excessive use of alcohol or drug abuse are witnessed by the conclusions of medical institutions, which has become drug addiction. This generates the potential danger to the normal moral and mental development of children.
• Bringing heavy injections, an attempt to murder, humiliation of human dignity, committing regular beatings, tortures in relation to both children and one spouse to another.

The presence of at least one of the characteristics given above is abuse to initiate a special recruitment of restrictions or a complete exclusion of parents from the educational process of their own children. Additionally, the reasons and procedure for depriving mother parental rights.

About these and other reasons, as well as about contacting the courts in the presented video, tells a lawyer in detail.

Order of procedural action

The practice of sanctions to parents, systematically neglecting the life support of children, is the prerogative of the urban or district judicial instance. An exception from the educational process of one or two parents is the last measure, when there is no possibility of somehow otherwise to defend the needs of the guys under the age of 18.

Privilege in the preparation and provision of the claim

The requirement to apply restrictive or fully sanctions to parents in the interests of young children have the basis to submit legal or individuals identified by Article 70 of the Family Code of the Russian Federation:

• biological parent (father, mother);
• an individual citizen engaged in raising children up to 14 years defined by the guardianship and guardianship authority (guardian, guardian);
• private persons who have taken a voluntary commitment to the formation of a child who has been without parents (adoptive parents);
• prosecutor's supervision worker;
• district Commission, on the organization of social control of the conditions for the education, training and maintenance of children (on juvenile affairs);
• state bodies to which the functions for care and trustees are entrusted;
• organizations and institutions designed to protect the rights of the child (children's homes, houses of Baby, specializers, social shelters, social rehabilitation centers).

The video show the characteristic moments of registration of the claim for the deprivation of parental rights, the list of initiators, existing good reasons for the implementation of such actions in courts.

Who will not be able to file a lawsuit?

The petition for the deprivation of the right of biological parents to raise the child is not eligible to file the following persons:

• close and distant relatives who are not recommended by guardians or trustees of children;
• neighbors;
• authorized employees of internal affairs bodies.

The application from these persons, the court will re-off.

What state authorities contact?

Before submitting a claim in civil proceedings, it is recommended to apply in advance in the bodies supervising the activities of guardians and trustees in order to examine the created wreck conditions. Representatives of the body carry out a visual examination of the child's living conditions, make up an act of examination. The act is attached to the statement of claim.

The requirement for the trial to remove one of the parents from the educational process and the content of the child is sent to the district court at the place of residence of the defendant.

Forming a claim

The Civil Procedure Code of the Russian Federation (Article 131) caused a step-by-step formation of a written claim to defend the violated rights of the child protected by law:

• the correct and complete name of the judicial instance, which is transferred to the application;
• passport data plaintiff: surname, name, patronymic without cuts, detailed address of residence, date of birth;
• information about the respondent: last name, first name, patronymic, date of birth, address of the residence;
• describe the requirements for the defendant with the type of violation of the legal interests of the plaintiff;
• describe argued evidence, evidence and legal factors of the claimant's requirements;
• provide copies of the evidence preceding the court, appeals to the defendant to resolve the raised issue;
• specify the inventory of the documents introduced to the application.

Failure to comply with the correct formation of appeal entails the failure of judicial authorities in the consideration of the claim.

To properly and complete the formation of the claim, it is better to contact the law office.

Register of necessary securities

During the visit to the court instance, the claims are made at mandatory:

• photocopies of the statement (their number should coincide with the number of citizens against which the claim is submitted);
• photocopy of the birth certificate of a minor;
• confirmation of paternity (if such a procedure occurred);
• extraction from the house book confirming the fact of joint residence;
• photocopy of the receipt of payment of state duty;
• certificate of income (to verify the solvency and the possibility of the content of children);
• documents that concern employment (they need to specify a position, experience, average earnings for the previous year);
• evidence base of the defendant's guilt;
• characteristics of a child with an educational institution;
• certificate with medical medical institution on the state of the child's health;
• the verdict of the court (if the defendant had previously had a conviction).

Since the documents are preparing in several copies, the plaintiff must submit their originals at the court hearing.

What evidence needs?

A positive result of consideration by the judicial authority of the presented claim depends on the evidence submitted by the plaintiff. The assistance of an experienced lawyer will not be superfluous.

What will be a confirmation of the carelessness of the parent, evading the fulfillment of its obligations? Evidence Base Can serve:

• readings of neighbors, relatives, teachers or educators of kindergarten, child friends, decorated in the prescribed manner;
• help of the bailiff for evading the payment of alimony and existing debt;
• the characteristic of the child written by a district policeman or an educational institution with an indication of whom the educational process is carried out;
• the decision of the court, if any, about the compulsory deduction of alimony from the defendant;
• testimony of witnesses, medical confirmation of the victims with a cruel handling of a child;
• acts of surveys of housing microclimate, protocols of the Commission on Minors;
• testimony of witnesses, certificates of precinct about the abuse of the defendant by alcoholic beverages, medical conclusions about drug use.

Judicial research on the application of the sanction of deprivation of parental rights is a long-term business and requires a comprehensive and thorough study. The presence of the above documents will significantly simplify the trial.

What threatens parents?

With the deprivation of parents' rights to the upbringing of their children, the duties except for payment of alimony for maintenance are stopped. Alimony is paid to who the child remains.

Also such parents legally lose opportunities:

• through daily communication to participate in the educational process of children;
• lead an active life position to protect the interests of children and their rights;
• in the event of the death of children, their property is inherited;
• in old age, receive alimony payments from their adult children;
• any material assistance from the state for the maintenance of children;
• allowance for employed women engaged in child education up to 1.5 years;
• manual for temporary disability to care for a sick child.

It also becomes impossible to obtain benefits for women engaged in the education of children:

• unacceptable work on weekends and holidays, lack of travel trips;
• additional days to scheduled vacation, until the child turned 3 years;
• reducing the duration of a labor day or a week;
• the appointment of payments of pensions of the mother, born and upbringing 5 and more children.

In case of harm to minor children, which was a consequence of the unfair, poor-quality implementation of parental duties, the court is entitled to claim material compensation from parents who have lost parental rights. Read more about the rights and obligations of parents.

The moral consequences also carries a baby who lost her native parents and their guardianship, that is, there is a breaking of blood family relations, which is used to the child. Together with that:

• the child receives a new legal status and equates to the category of children who have mom and dad died;
• he can count on a monthly statement;
• such a baby can be adopted and pick up in a new foster family;
• fully passes under the protection of the state, the existing prerequisites for the loss of health, danger to life are eliminated;
• at adultement, he will be able to qualify for preferential receipt of housing space, financial assistance from the state and assistance when admission to work;
• the child still remains the heir to the first stage on the residential premises and other property of its biological mothers and dads.

The reason for the refusal of the plaintiff

There are situations in judicial practice when there is a refusal to consider the application to a person who appealed to the court instance, or a decision is made in favor of the defendant. The following factors may be a reason for this outcome:

• the claim is incorrectly drawn up (incorrect design, lack of important information or data of participants in the process, etc.);
• the evidence base on the deliberate avoidance of aliminal payments is not quite convincing;
• there is no testimony about cruelty in contact with relatives;
• lack of medical examination on confirmation of the respondent's disease (chronic alcoholism or drug addiction).

Insisting that it is still to deprive the defendant of the rights under consideration, it is necessary to be guided not by emotions, but documented facts.

Restoration of "lost" rights

The restoration of legitimate parental rights is always possible. It comes when:

• the defendant was cured of alcoholism, does not use narcotic drugs;
• works on an ongoing basis;
• reviewed views on educational processes of children;
• an acquisition of a housing area has occurred, which is enough for a normal residence of the parent together with a juvenile child.

In the presence of documentary confirmation of these factors, the implementation of the implementation of parental rights will become a reality. Such an act is performed in the judicial authority no earlier than six months after the deprivation of such rights.

However, it is very problematic to "revive" their rights to mom or dad towards those children who are transferred to another family and are adopted on the legitimate basis.

The removal of one parent or both of the immediate obligations with respect to their own children is to be extreme. The procedure for returning legal rights has many nuances and rather long-term. Avoid such a precedent is several times easier than to restore the rights under consideration.

As a rule, deprivation of rights is associated with a significant violation by parents of ethical or moral norms regarding its own children, with the refusal of the content and education of its children.

Most often, the option is the deprivation of parental rights of the Father. This fact terminates the rights of his father against his children.

Traditionally, moms are more careful about children. In the future, this provision leads to the fact that the Father is removed from their upbringing.

In our time, the situation is often the situation when the fathers themselves ignore the existence of the child, and therefore, they forget about the duties for its content, upbringing and other assistance.

Often, restriction or deprivation of parental rights fathers acts as a certain way of retaliation.

This happens when divorced, as well as in confrontation between wealthy parents.

But adults often do not take into account the condition of their children, whose psyche is injured from such a tolere.

There are cases when after the divorce father simply does not show interest in the child, but it does not refuse him.

Then the mother can submit to the deprivation of parental rights of the Father or to meet the current needs of the child (to go abroad to rest, not receiving the consent of the Father), or to protect his father's demands in the future (free from payment of alimony Father).

It happens that the mother gets married a second time. Then the deprivation of parental rights may be due to the desire of a new husband to adopt the child.

Grounds for the deprivation of parental rights of the Father

The deprivation of parental rights is made exclusively in court. The grounds for this are provided for by the Family Code of the Russian Federation (Art. 69, 70).

The case of the deprivation of parental rights of the Father will be considered on the statement of the mother of the child. At the same time, the participation of the guardianship and guardianship authorities and the prosecutor.

The grounds for which it is possible to deprive parental rights are listed in the law and are exhaustive:

How is the procedure for depriving parental rights?

It is necessary to immediately determine those persons who have the right to submit to the court of claim for the deprivation of parental rights.

The law determines the circle of such subjects:

• directly mother;
• trustee;
• guardian;
• educational establishment;
• health facility;
• other children's institution;
• prosecutor;
• guardianship and guardianship;

The statement of claim must be submitted in writing. The feed is carried out in the district court at the place of residence of the defendant.

The claim is indicated by the following information:

If the prosecutor will apply with such a statement, then it must contain a rationale why it is impossible to present a lawsuit for a citizen.

A package of documents that are submitted to the court is individual for each situation.

The best option is to appeal to a lawyer, which will help with its formation.

But you can still give general advice:

1. Attach copies of the passport, marriage certificate, about the dissolution of the marriage and the birth of a child. They must be certified properly. You can submit to the court either copies certified by notary or copies together with the originals;
2. It is necessary to provide a certificate from the residence of the child himself, as well as the act of survey of housing conditions;
3. A certificate is also needed from the place of work of the parent, as well as the characteristics of the parent from the place of work and place of residence;
4. Provide written evidence confirming the grounds for the deprivation of parental rights.

In addition to the basic requirement, which is to deprive the parental rights of the Father, one can also make a claim for recovery from it.

Since the legislation found that the deprivation of parental rights does not exempt the father from his duty to keeping their child.

This question will be marked in the court decision. The position of the claimant about the desired amount of alimony will be taken into account by the court.

What evidence should be given in court to confirm the grounds for the deprivation of parental rights of the Father?

If the father abuses its parental rights.

An example may be prevented by a visit to foreign countries with a child (those countries where the consent and the second parent is needed).

There are situations where the child needs to go abroad one (as part of a tourist group or a national team, for example).

Then the consent of both parents is necessary. Failure to give such consent can be considered abuse of parental rights.

How abuse is worth regarding the prevention in training, the declination of the child to begging or theft, prostitution or the use of alcohol, etc.

Such a basis as chronic drug addiction and alcoholism of the Father must be confirmed by medical conclusion.

In the event that the father did not participate in the life of the child without a good reason for more than six months, and does not pay alimony (this should be documented), then you can raise the question of the deprivation of parental rights.

The importance will have testimony, the conclusion of the guardianship and guardianship authority, the materials of the enforcement proceedings.

It is necessary to take into account the fact that when the child reaches the child for 10 years, it may be called to the court for a survey in the case of the deprivation of his father of parental rights.

Next to the child at this point is the mother or teacher (Art. 179 Code of Civil Procedure of the Russian Federation). Accounting for such a child will be obligatory for the court.

A child's survey should be made to take into account his age and development.

The child may be asked the following questions:

• Does the child know, for which he was invited. If so, who told him?
• Did anyone teach him to speak in court?
• With whom he lives on this moment; Will dad sees if so, how often?
• Does his dad help him, gives toys, books?
• What does he speak with dad? Etc.

Consequences of deprivation of parental rights

At the end of the consideration of the case on the deprivation of parental rights, the court makes a decision. This court decision will be proof of the Father.

The consequence of this procedure will be the termination of the rights to the child, which were obtained as a result of kinship.

Father will lose such rights as the right to determine the place of residence of children, the right to upbringing and communicating; Father will not be able to represent the interests of children when receiving benefits, benefits; The deprivation of rights means that such a father will not be able to become a adopter, guardian or a trustee.

Such a father also cannot count on the alimony and the inheritance of his children. But the father, who deprived the parental rights, is not exempt from the duty to contain a child.

This means that the court has the opportunity to appoint the payment of alimony into children. Father, deprived of parental rights, can not live together with the child, and therefore can be evicted without providing another living area (if the premises are provided under the social contract) ..

The child in relation to the parent is saved.

It is entitled to, the right to receive alimony, the right to living area.

Within 3 days after the court decision comes into legal force, the extract from it is sent to the registry office. Based on such an extract, the registry office is made in the assembly record of the child's birth.

You can adopt a child after half a year from the date of the judgment of the decision on the deprivation of parental rights.

Father's parental rights restoration

The law allows the Father to restore its parental rights. This is possible only if the circumstances and the reasons that served as deprivation disappeared.

To carry out the procedure for restoring the rights of the parent's rights, the father should apply to the statement of claim. At the same time, it is obliged to prove that circumstances, because of which he was deprived of parental rights, disappeared, and the behavior has changed.

The following fact should be considered: if the child was adopted, then the restoration of parental rights becomes impossible.

When restoring parental rights, the court should take into account the opinion of the mother, as well as persons living with the child. The opinion of the child himself should also be taken into account.

There is an opinion that such an extreme, forced measure, a legally complicated and tragic procedure, as deprivation of parental rights, is applied to greater fathers. In fact, this is not entirely true. Statistics indicate that a considerable share of unfavorable parents - mothers, so the procedure for the deprivation of motherhood rights is distributed in the same way as the procedure for depriving the rights of paternity.

What are the reasons and order of deprivation of mother rights to a child? These issues are currently relevant for conscious fathers, grandparents, teachers and doctors, as well as other people who are not indifferent to the fate of the child of people will be considered in this article.

Grounds for depriving parental rights

No one will argue with the statement that the deprivation of parental rights is a traumatic phenomenon, not so much for an irresponsible father or mother, as for the child. License with the parent, whatever it, has an extremely negative impact on the mental state of the child. However, this is not a reason not to apply forced measures envisaged by law and do not protect the child from hazardous actions or inaction of the parent.

For example, sometimes the mother refuses to pick up a newborn baby from the maternity hospital. Sometimes - do not pay attention to child care, feeding, treatment, education, upbringing and comprehensive development of the child. Even worse - mock, cause physical or moral suffering. Most often, this is happening if the mother suffers from alcohol or drug addiction, does not work, leads an asocial lifestyle. All this can be the cause of restriction or deprivation of motherhood rights in accordance with the legislation of the Russian Federation.

According to family legislation (Articles 63-64 of the RF IC), both parents carry the same responsibilities towards children. They are equally obliged to take care of the physical, moral intellectual, spiritual development of the child, to protect the legitimate interests of the child. They are obliged to take care not only about food, clothing and shoes, cleanliness and warmth of the home, but also on the creation of conditions for the comprehensive development of a childhood personality.

If one of the parents is a father or mother - deliberately does not fulfill the law entrusted to him, he may be deprived of the rights of the parent.

Note! It is possible to deprive mother parental rights only if it does not fulfill duties on their own fault. If the wine is missing (for example, due to incapacity or limited capacity), the deprivation of parental rights is not allowed!

All the grounds for which the mother can be deprived of the rights of parenthood - listed in the legislation. The list of these grounds is full and exhaustive:

• Failure to comply with the mother of parental duties;
• Malicious non-payment of alimony (more on the consequences of malicious non-payment of alimony can be read in the article "");
• Causing harm to the health of the child, the coarse, the ill-treatment of the mother with the child;
• Moral Violence of Mother over the child - humiliation, insult;
• Alcoholic or drug dependence of the mother;
• Refusal of the child (refusal to pick up a child home from the parent home or medical institution, lack of interest in the child for 6 months);
• Forcing a child to commit illegal actions (theft, fraud, prostitution).

Any of the above-mentioned actions on the part of the mother can serve as an idle cause to appeal to the court with a requirement for the deprivation of parental rights.

Note! The grounds for imprisonment of maternal rights should not only be indicated in the claim, but also documented. Otherwise, they will not be accepted by the court or be considered unreasonable.

Could not be caused to appeal to court, as well as influence the decision of the court such circumstances as ...

• minor age of mother;
• mother's status;
• marital status of the mother (marriage stay with the father of the child, divorce, "civil marriage");
• mother's health state;
• mother's material position.

Procedure and procedure for depriving parental rights

So, we have dealt with, what actions or inaction from the mother can serve as a reason for the use of such an extreme and strict measure as deprivation of the rights of motherhood. Now - it's time to consider in detail the procedure directly.

Who has the right to submit a statement

Like a list of grounds for the implementation of the procedure and the circle of persons who can initiate it - the law is strictly limited. To submit to the court for the deprivation of maternal rights may exclusively:

• Father's father;
• Guardian, trustee, adoptive father or mother;
• Guardianship and guardianship;
• Prosecutor;
• A representative of an educational or medical institution in which a child is.

The law does not provide the right to directly appeal to the court to other persons - grandparents, aunts or unuse, other relatives, school teachers or educators, neighbors, friends. But not indifferent people are not deprived of the right to apply for the protection of the interests of the child before the prosecutor or the guardianship body. To do this, it is necessary to apply for a prosecutor or a representative of the OOP written statement with a request to protect the interests of a minor child from violations by the mother. It will not be superfluous to be included in the application request for a guardian or trustee of a child - this will speed up and simplifies the proceedings on this issue. Within three days from the date of receipt of the application, the official of the prosecutor's office or the OOP should consider the application and make a decree. The official may conduct an inspection and prepare a case to appeal to court or oblige a mother to correct behaviors towards a child with a prevention of a possible deprivation of parental rights.

Documentation

After you decide on the reasons for depriving maternal rights, there will be a turn on the preparation of the claim and the collection of documentation for submission to the judicial authority. A weak evidence base - it does not contribute to the rapid and prosperous permission for the case, and in the worst case will even entail a loss.

Documents that should be attached to the claim for the deprivation of maternal rights:

• The statement of claim for the deprivation of mother parental rights (more on how to create a statement of claim - read the article "");
• Certificate of the birth of a minor child;
• Certificate of registration or termination of the marriage between the parents of the child (if marriage was or terminated);
• Extract from the house book (confirms the fact of living a minor child with parents);
• Characteristics of mother and father (at the place of residence, at work);
• Child characteristics (from school, kindergarten, sports section, etc.);
• Conclusion of a psychologist about the psychological state of the child (from the guardianship and guardianship);
• Act of examination of the living conditions of a minor child and mother (from the guardianship and guardianship);
• Certificate of arrears on alimony (from the service of bailiffs);
• The verdict of the court (if the mother was condemned for the ill-treatment of a child or another crime);
• Certificate of call call;
• Medical conclusion about the injuries inflicted;
• Medical documents on the state of the health of mother and father;
• Documents confirming the right of the Father on a residential premises in which the child will be accommodated after the deprivation of mother rights (extract from EGRN on the right of ownership);
• Certificate of income of mother and father;
• Any other documents that can be confirmed by the grounds for depriving mother parental rights.

Procedure

Mother's deprivation of parental rights - the procedure is complex and long-term, requiring close review of all circumstances, studying documents and other evidence - to avoid the adoption of a hasty unfounded decision and make even greater harm to the child.

So, consider a step-by-step action plan on the way of imprisonment of maternal rights:

1. A person that initiates the procedure for imprisonment of the mother of rights should be decided on the basis of imprisonment of the mother of rights and collect the necessary confirming evidence in the relevant bodies and institutions. For example, in the case of ...

• causing a child of physical or moral damage, coercion to the commission of illegal actions - contact the police, the prosecutor's office, the court;
• malicious non-payment of alimony - in the bailiff service for a certificate confirming the term and amount of debt;

1. Then you should contact the guardianship and guardianship authority - to describe the situation that has arisen and submit confirming documents. Even the Father, which is endowed with the law of the right of direct appeal to court, will be worthwhile to enlist the support of the OOP;
2. The OOP official will appreciate the presence of good reasons for imprisonment of the mother's rights to the child, will lead to a case, will conduct an explanatory conversation with the mother, will conduct the necessary checks and will compile the final acts;
3. Mothers will be made a warning and is presented to correct behavior;
4. In the absence of positive changes in the behavior of the mother, the case of deprivation of parental rights is transmitted to the court at the place of residence of the mother;
5. The court will consider a lawsuit, examines all the documents submitted, surrounds witnesses, will decide on deprivation or restricting mother parental rights;
6. By the court decision, the mother deprives parental rights, the child is transferred to the father, guardian or trustee, an educational institution;
7. From the mother deprived of parental rights, alimony will be forced, as well as arrears in alimony, if it arose for the period preceding the trial;

The consequences and deadlines for the deprivation of maternal rights

The deprivation of parental rights is indefinitely. But the legislation provides mothers with the ability to correct, change the lifestyle and contact the OOP and the court with a statement on recovery in rights. If by the time the child will not be adopted or adopted, state institutions will go to the mother. After reaching the child of the majority, the restoration of the mother is no longer possible.