Deprivation of parental rights of a father: grounds, Family Code. Submission of the agenda to the guardianship and trusteeship body and examination of living conditions. Procedure for procedural actions

20.06.2019

The President of the Russian Federation signed a decree on the establishment of the post of Commissioner for Children's Rights under the head of state. Alexey Golovan, who was appointed to this position, promised that the new institute would effectively defend the rights of each individual child and provide assistance in solving systemic issues of child protection.

Parents, in accordance with the Family Code of the Russian Federation, have equal rights and bear equal responsibilities in relation to their children. Parents are obliged to educate their children, to protect their rights and interests. Parental rights cannot be exercised in conflict with the interests of children. Parents who fail to fulfill their parental responsibilities may be deprived of parental rights.

Deprivation of parental rights is an exceptional measure that entails serious legal consequences for both the parent and his child.

According to Art. 69 of the Family Code of the Russian Federation, parents (or one of them) may be deprived of parental rights. The procedure for this procedure is described in the Family Code of the Russian Federation, as well as a list of grounds for deprivation of parental rights.

There are only 6 grounds for deprivation of parental rights, which must be supported by indisputable evidence:

Avoiding parenting, including malicious evasion of the payment of alimony (evasion of parental responsibilities implies a systematic, that is, repeated failure to fulfill parental duty, lack of care for their children, no matter how it is expressed. Article 69 of the Family Code of the Russian Federation identifies this form of evasion from fulfillment In this case, it is not necessary for this fact to be confirmed by the appropriate court verdict. It is enough to convince the court of the constant desire of the parent to evade the payment of alimony, to deny material support to their children).
Refusal to take your child without good reason from a maternity hospital or other medical institution, an educational institution, an institution for social protection of the population or from other similar institutions.
Abuse of your parental rights(creating conditions that impede or make impossible the full development of the child, the child's education; accustoming him to the use of alcoholic beverages, drugs; the use of the child in the commission of a crime).
Child abuse(Abuse of parents with children is not only physical, but also mental abuse. Physical abuse is beatings, causing physical suffering in any way. Mental abuse is expressed in threats, instilling fear, suppression of any will of the child).
Chronic alcoholism or drug addiction of a parent(Chronic alcoholism or the parent's illness with drug addiction must be confirmed by an appropriate medical certificate. Deprivation of parental rights on this basis can be made regardless of the recognition by the court of the defendant as having limited legal capacity).
Committing a deliberate crime against the life or health of a child either against the life and health of the spouse(in this case, the claim requires a court verdict confirming the crime committed).

Procedure. Deprivation of parental rights is carried out in court. The case of deprivation of parental rights is considered at the request of one of the parents or persons replacing them, the prosecutor, as well as at the request of the bodies or institutions entrusted with the duties of protecting the rights of minors (guardianship and guardianship authorities, commissions for minors, institutions for children - orphans and children left without parental care).

In the trial, circumstances must be proven that indisputably confirm the presence of the parent's fault and the fact that it is impossible to change the parent's behavior for the better.

Deprivation of parental rights does not relieve parents of the obligation to support their child. There also remains the obligation to participate in additional costs for the child (treatment, education, etc.).

Immediately after the deprivation of the parental rights of both parents, the child falls into the category of those left without parental care. The same happens in cases where the second parent is unable or does not want to take full care of his child, which is revealed by the court in the process of considering a claim for deprivation of parental rights, as well as in cases when a single mother or father is deprived of parental rights. raising a child without a mother.

If it is impossible to transfer the child to another parent or in case of deprivation of the parental rights of both parents, the child is transferred to the care of the guardianship and guardianship body. In this case, the adoption of a child in the event of deprivation of parents (one of them) of parental rights is allowed no earlier than the expiration of six months from the date of the court decision to deprive the parents, or one of them, of parental rights.

Simultaneously with the decision of the issue of deprivation of parental rights, the court also decides the issue of further cohabitation of the child and parents (one of them), deprived of parental rights in the manner prescribed by the current housing legislation. The Housing Code of the Russian Federation in Art. 91 provides for the possibility of eviction from a dwelling provided under a social tenancy agreement, without providing another dwelling space for citizens deprived of parental rights, if the cohabitation of these citizens with children in respect of whom they have been deprived of parental rights is recognized by the court as impossible. If the apartment is owned by a child or another parent, then the parent, deprived of parental rights, can also be evicted, because from the moment of deprivation of parental rights, he is no longer considered a member of his child's family and such eviction is provided for by the norms of the housing legislation of the Russian Federation. If the parent and the child live in an apartment that belongs to them equally or the owner of the home is the parent himself who has been deprived of parental rights, then he is not evicted. When the court decides that it is impossible for a child to live with a parent who has been deprived of parental rights, the child is resettled, but the child retains the ownership of the dwelling and the right to live there for the entire period of his absence. Children of parents deprived of parental rights remain, according to the law, among the heirs of the first stage of their parents.

Effects. In accordance with Art. 71 of the Family Code of the Russian Federation, parents deprived of parental rights lose all rights based on the fact of kinship with children: for the personal upbringing of their children; to communicate with the child; to protect the rights and interests of the child; to receive further maintenance from their adult children; to inherit by law in the event of the death of a son (daughter).

Usually, persons deprived of their parental rights remember their children when they get old and do not have their own means of subsistence. But it is no longer necessary to speak here about the continuity of generations in the part concerning the mutual care of the elders for the younger ones (and vice versa), because the connection between them was severed due to the fault of those who did not fulfill their parental duty. Therefore, adult children are exempted from paying alimony to parents deprived of parental rights. For the same reasons, persons who were deprived of parental rights in relation to these children and were not restored to these rights at the time of opening the inheritance were excluded from the list of heirs after their children. However, children have the right to bequeath their property to parents deprived of parental rights. The second group of rights that a person deprived of parental rights loses is the rights associated with various kinds of benefits provided by the state to parents.

All consequences of deprivation of parental rights remain in effect until parental rights are restored by the court. Regulating the procedure for protecting the rights and interests of the child by depriving negligent parents of their parental rights, the legislation also provides for the possibility of restoring the original position. So, according to Art. 72 of the Family Code of the Russian Federation, parents or one of them can be restored to parental rights in cases where they have changed their behavior, lifestyle and (or) attitude towards raising a child.

Restoration of parental rights is carried out in the same manner as deprivation, i.e. in the courtroom. The basis for the consideration by the court of the issue is the application of the parent, deprived of parental rights. Cases on restoration of parental rights are considered with the participation of the guardianship and guardianship authority, as well as the prosecutor. Simultaneously with the application for the restoration of parental rights, the requirement to return the child to the parents, or to one of them, may be considered. Taking into account the opinion of the child, the court has the right to refuse to satisfy the claim of the parents (one of them) for the restoration of parental rights, if the restoration of parental rights is contrary to the interests of the child. Restoration of parental rights in relation to a child who has reached the age of ten is possible only with his consent.

Restoration of parental rights, if the child is adopted, and the adoption is not canceled, is not allowed.

The material was prepared on the basis of information from open sources

Last updated February 2019

Deprivation of parental rights is a legislative method of influencing parents if they use their status to the detriment of the child (Article 69 of the Family Code of the Russian Federation contains all the grounds for deprivation of parental rights).

Also, this process applies to persons who are officially established as the parents of the child, that is, their data is enshrined in the child's birth certificate. A person who has received parental powers, after passing the paternity test, is deprived of them in accordance with the general procedure (for establishing paternity by consent of the person, the norms of clause 4 of article 48 of the RF IC are applied, the court establishes paternity based on the norms of article 49 of the RF IC ).

Provided that there is more than one child in the family, deprivation of parental rights is applied individually to each of them, taking into account all interests. A one-time deprivation of rights for all children of the family is unacceptable.

Before depriving parents of their rights, it is imperative to establish two facts:

Before that, all methods were tried to correct the behavior of parents in the direction of improving their attitude and the conditions of keeping the child. Explanatory conversations were held, perhaps the guardianship and guardianship authorities issued a warning, there were conversations with the police officers, support and comprehensive assistance were received. But the outcome of the behavior has not changed;
The parent's obvious and demonstrable guilt.

In the presence of such facts and grounds, a claim is filed and the court has no choice but to deprive the mother, father, or both, of parental rights (Article 77 of the RF IC establishes the possibility of the guardianship and guardianship authority, to take the child from the parents, before a court decision on deprivation of parental rights taking into account the danger to the health or life of the child).

Reason 1: Parents are not fulfilling their responsibilities

A study of judicial practice indicates that evasion is a regular failure to fulfill parental obligations, an elementary disregard for the basic needs of a child, such as: food, clothing, medical care. Also, there are cases of involving a child in situations that adversely affect his upbringing - drunkenness, immorality, lack of respect for the elderly, ridicule of the disabled, and so on.

Often, regular communication with people with alcohol and drug addiction leads the child to commit acts of an immoral nature: humiliation of the weak, insulting elders, petty hooliganism, and sometimes the commission of criminal acts.

In the text of paragraph 1 of Art. 69 of the RF IC mentions malicious evasion from the payment of alimony, which is an example of evasion from the duties of a parent. To accept such a fact as grounds for deprivation of parental rights, it does not have to be recognized as a criminal offense under Article 157 of the Criminal Code of the Russian Federation:

it is important to have regular evasion
delay in payment
incorrect amount of alimony
creating barriers to obtaining them

If the parent is unable to pay alimony for reasons that cannot be overcome, this fact is not considered by the court to deprive the parents of their rights.

Ground 2: Refusal to take the child from medical institutions or social organizations

It should be understood that the refusal must be made at the will of the parents. If parents, due to insurmountable circumstances (severe stage of illness, disability, unsuitability or lack of housing), cannot take the child, then this is not considered a ground for deprivation of parental rights.

Example: If a single mother leaves a child in a maternity hospital, without good reason, without intending to place him in a family for custody or in an appropriate state institution, then this fact is considered a basis for deprivation of parental rights.

Reason 3: Parents abuse their rights

This circumstance is based on the fact that the parent dominates over the child, his powerlessness before being forced to commit any actions: using alcohol, drugs, forced begging or forced to engage in prostitution. Practice shows that such parental pressure on children is systemic and, over time, turns into exploitation of the child.

Often, it is very difficult to prove the guilt of the parents on this basis, therefore the norms of Art. 73 of the RF IC "Restriction of parental rights".

Grounds 4: Child Abuse

This circumstance is characterized by violence against children: physical, including sexual and mental. Violence of a physical type is a regular, deliberate infliction of bodily harm on a child, regardless of their severity and method of infliction. Mental violence can be in the form of deliberate imposition of a feeling of fear, volitional suppression, threats.

If one of the relatives exerts physical or mental violent influence on the child, but the parents do not oppose this, they may be subject to restriction of parental rights under Art. 73 of the RF IC.

Reason 5: Parents are chronically ill with alcohol or drug addiction

These diseases are severe and completely suppress the will of a person. Therefore, parents are physically unable to fulfill their duties, and the child finds himself in a position that is dangerous to his life and health. The presence of chronic stages of the above diseases must be confirmed by a medical report.

There is a definite difference between chronic alcoholism and binge drinking. Drunkenness does not imply a psychological dependence on the use of alcoholic beverages, despite the regularity of their use. In this case, it is necessary to refer to the first basis.

Ground 6: Committing an intentional crime against a child or spouse

In this case, the crime is understood not only violence in its physical manifestation, but also the fact of attempted murder, ignoring the danger to the child, driving to suicide, etc. If a crime is committed against a second spouse, the child does not have to be a witness. To deprive a person of his parental rights on this basis, a court verdict on the commission of a crime against a child or spouse is required.

Restriction of parental rights

Considering the claim, the court decides for what it is possible to deprive the father or mother of parental rights, and for what to restrict their rights. Some of the grounds for deprivation of rights may also act for their limitation. But basically, the restriction of parental rights occurs due to reasons beyond the control of the parents themselves. These are cases in which there is a danger to the child's life, for example, illness or mental disorder of the parents. Sometimes limitation of parental rights is chosen as a preventive measure for parents, with a deadline for correction. If the parents pass this period, under the supervision of the guardianship and guardianship service, the restriction is lifted.

The deprivation of rights, like the restriction, applies only to parents. The persons replacing them cannot be deprived of parental rights. They go through a different procedure.

Consequences of deprivation and restriction of parental rights

A person who is deprived of the right of a parent loses the possibility of any influence on the further life of the child, on benefits associated with the child, on social benefits and inheritance. Sometimes, by court order, parents can be evicted from a municipal apartment without providing alternative housing.

A person who has received a restriction of parental rights lives separately with his children, does not participate in their upbringing and receiving social benefits and benefits. At the same time, the parents are charged with the obligation to pay alimony for the maintenance of the child. With the consent of the guardians, parents can see the child, taking into account that the meetings do not have a detrimental effect on his upbringing.

What does it take to revoke parental rights?

Deprivation and restriction of the rights of parents occurs by a court decision. For this, an appropriate claim is filed in a court located at the place of residence of the parent who is the defendant.

A claim and all additional documents, in the case of deprivation of parental rights, can be filed: by the second spouse, regardless of the fact of living with the child; the person who replaces the parent; an employee of the prosecutor's office; an employee of the bodies for the protection of the rights of minor children. There are known cases of filing a claim by the children themselves.

A claim for limitation of parental rights can be filed by:

The immediate family of the child or parents: brother or sister, grandmother, grandfather.
Bodies dealing with the protection of children's rights;
Preschool and general education institutions;
Institutions of health care and social protection of the population;
Prosecutor's office.

If you have any questions about the topic of the article, please do not hesitate to ask them in the comments. We will definitely answer all your questions within a few days. However, carefully read all the questions and answers to the article, if there is a detailed answer to such a question, then your question will not be published.

The most serious punishment for a parent for mistreating their child or failing to fulfill their parental responsibilities is deprivation of their rights in relation to the child / children... This is an extreme measure and the list of reasons for this is closed. Why can a parent deprive a child? Is it possible to restore my parental rights, what is needed for this? What are the grounds for deprivation of the rights of a father or mother? Let's try to figure it out:

Grounds for deprivation of parental rights of a father

The Family Code represents equal rights in relation to a child, both for mother and father - clause 1 of Art. 61 of the RF IC. And it also requires equal. For failure to fulfill their parental duties or abuse of their rights, the state can punish a parent, and the most serious punishment is breaking the connection with the child - deprivation of parental rights.

For which they can deprive their father:

for non-payment of alimony without a valid reason;
for unwillingness to fulfill their parental responsibilities: unwillingness to communicate, see each other, educate, etc .;
for alcoholism or drug addiction;
for violence, including sexual violence against their children / child;
for violence against his wife;
for bullying, including psychological abuse of the child;
for coercion into engaging in an asocial lifestyle;
for committing a crime against children or their mother (his wife).

The grounds are very serious, and therefore lead to deprivation of rights.

Grounds for deprivation of parental rights of a mother

The Family Code does not identify any special reasons for depriving a mother of her rights in relation to a child. This confirms the position of the legislator that parents have equal rights and have equal responsibilities to the child. That is, for what the father is removed from the child, for that the mother, namely - Art. 69 RF IC:

evades the exercise of his rights: does not want to spend his time with the child, leaves without a good reason in the care of grandparents (at best) or, in general, strangers, does not attend the children's clinic, does not take the child to school when due to age he cannot do it himself, etc .;
does not take her child from the hospital, children's camp hospital, kindergarten (without a good reason), etc., in other words, abandoned the child;
beats his child, forces him to engage in begging, prostitution, other illegal acts, commits acts of violence against his child, both sexual and psychological;
is a drug addict or alcoholic;
found guilty of committing a serious crime against her children (one child) or her spouse. Here it is necessary to clarify: the crime does not have to be perfect in relation to the child whom they are going to take away: a woman can maim, kill her other child, but she will be deprived of parental rights in relation to everyone.

Deprivation of parental rights of a mother is always stressful, and, first of all, for children. It is known that a child's love for his mother is unconditional, and they always justify the actions of their mother, no matter how cruel they are. The court takes this fact into account, therefore, it is possible to deprive the mother of parental rights only if there are really very weighty circumstances.

The procedure for deprivation of parental rights

Deprivation of rights is possible only in court. The plaintiff can be either the second parent, or the guardian, or the prosecutor, or the representative of the guardianship authority, or the representative of the orphanage or other similar institution.

If a claim is filed by a prosecutor, then the claim itself must be justified.

The defendant or defendants in such cases are always parents. The guardianship and trusteeship authority gives its opinion at the court on the advisability of applying the last measure, if the court does not agree with the opinion of the “guardianship”, then the decision must necessarily justify this.

After accepting the statement of claim for consideration, the court informs the second parent, if he lives separately, about his right to file a claim for the transfer of the child to him. This protects the rights of the second parent.

The absence of a prosecutor or a representative of the guardianship authority is not an obstacle to the consideration of the case.

If the court makes a decision on deprivation of parental rights, then it also determines where, after the entry into force of the decision, the child will live.

If the parent is deprived of his rights, then they retain their responsibilities, therefore, in one court proceeding, the issue of recovering child support from the parent is resolved - clause 2 of Art. 71 of the RF IC.

In case of deprivation of the parent's rights, the court sends a copy of the decision to the registry office within three days.

Required documents

The court approaches each case of deprivation of rights individually, therefore each time the package of documents may be different, we will indicate only POSSIBLE documents that the court may request:

A claim for deprivation of parental rights.
Documents confirming the identity of the plaintiff, defendant, child: passports, birth certificate.
Divorce, marriage, paternity certificates.
Extracts from the house book.
Account statements (where the alimony should be received).
Certificate of convictions.
Medical documents: certificates from a narcological dispensary, psycho dispensary
Certificate of the amount of the alimony debt.
Court decision on the recovery of alimony.

In general, you will have to provide all those documents that prove your words in the statement of claim. The term for consideration of the statement of claim is general.

Restoration of parental rights

Deprivation of parental rights is an indefinite act, but not indisputable, which means that a negligent parent, if he suddenly changes his lifestyle, behavior, attitude, etc., can claim to restore legal ties with his child.

Art. 72 of the Investigative Committee of the Russian Federation does not specify the period after which a person deprived of his rights can file a claim (namely, the court is empowered to either deprive or return them) to restore their parental rights, but it is assumed that not earlier than 6 months, since personal restoration or changing a person is a long process and overnight mom or dad cannot become ideal if they were previously deprived of their parental rights: they must undergo treatment with a narcologist, if they were deprived of a child due to addiction to alcohol / drugs, a course of psychological help, get a job to work, etc.

Before going to court, a parent who has been deprived of his rights must obtain an opinion from the guardianship and guardianship authority that he has improved, and his home is prepared for the normal life of the child. In addition to giving a written opinion, the representative of the guardianship and trusteeship body will confirm his words at the trial.

Item 2, Art. 72 of the RF IC indicates that in addition to the obligatory presence of a guardianship representative, a prosecutor must participate in the process, which is due to the particular importance of a situation where increased control over the legality of the decision is required.

Nuances:

The restoration of parental rights can be carried out until the child comes of age, and if the child is an adult, that is, has reached the age of 10, the court will certainly ask his opinion: does he want mom or dad to be able to communicate with him again.
It is impossible to restore parental rights in relation to an already adopted child - paragraph 4 of Art. 72 RF IC.

Together with the claim for the restoration of the deprived of rights, the parent can file a claim for the return of the child to him, but if the first claim is satisfied by the court, this does not mean at all that the second will be satisfied. If the guardianship authority does not give a positive opinion on the living conditions of the parent who claims to live with the child, then the child will not be given to him, he will remain to live, either in an orphanage (another similar institution), or with a guardian, or with a second parent, but the restored person will be allowed to participate in the life of his child: to meet, communicate, etc.

After restoring the parent's rights, the court sends a copy of its decision to the registry office and the parent can complete the administrative part of restoring parental rights.

An example from judicial practice: children are hostages of adults.

Very often, divorced spouses make their children hostage to their grievances towards each other. Mothers or her relatives are trying to deprive the ex-spouse of parental rights in relation to common children, but one desire for the court is not enough.

An application was filed with the Krasnoarmeyskiy District Court from plaintiff O. to the father of her niece V. In the lawsuit the applicant stated that after the divorce from her sister E. 5 years ago, both parents abandoned their daughter, leaving her to be raised by her own aunt. For several years, none of them took an interest in their daughter's life. Her sister E. was already deprived of parental rights and the plaintiff demanded the deprivation of rights and her father, for the subsequent registration of custody of her niece, since she did not have her own children. The plaintiff in the statement referred to the fact of non-payment of alimony for her daughter V. and complete non-participation in her life.

Defendant V. presented to the court receipts of bank transfers, where it was stated in the basis of the payment that the transfers were the payment of alimony. The amounts of transfers were insignificant, but equal to the official earnings of the defendant. In addition, the defendant petitioned to call witnesses - mutual acquaintances and friends, who confirmed in court that every summer V. came to his parents, who lived in the same settlement with his daughter, and took her to him, and the plaintiff did not object. The witnesses did not corroborate O’s accusations that V. did not participate in his daughter’s life. The court took into account the testimony of the witnesses, as well as the fact of the bona fide payment of the alimony obligations, and refused the claim for deprivation of parental rights.

Parents are direct protectors, patrons of their children. Throughout their lives, they give their children love, care and affection, rejoice at their successes, and experience failures together. However, not always and not all parents fulfill their direct responsibilities related to the maintenance and upbringing of children, thereby depriving them of the opportunity to be responsible for their well-being. What can this lead to? And what are the grounds for deprivation of parental rights?

Regulatory legal framework

Both international and Russian law guarantees at the legislative level support for the institution of the family, equality of both parents in raising children and protecting their interests. The fundamental laws are the Constitution of Russia and the Family Code. Deprivation of parental rights is treated in detail, without hidden implications, in the articles of Chapter 12 of the document on family relations.

Factors that may affect the resumption of court proceedings

The deprivation of parental rights of the father, mother, or both parents at the same time is an extreme measure, which can be appointed only following the results of a court session when a conscious, dismissive, disrespectful attitude towards children is established. Moreover, a mother as a respondent is a very rare phenomenon that occurs when all the measures taken to influence her do not have retroactive effect, and when she can cause real harm to the health of her child.

More often, there are cases of consideration of cases on the issue of deprivation (restriction) of parental rights with regard to the father, who, in turn, has the full right to direct defense, especially in case of accusations of a purely formal, little substantiated nature. If in the case of an obscene, irresponsible lifestyle associated with the addiction of both parents and violation of ethical standards, the guardianship and guardianship authorities, relatives or neighbors sounded the alarm, both parents may lose their rights. It is important to remember that a simultaneous deprivation of parental rights cannot be carried out in relation to several underage children. A court decision is possible only with regards to one child. And you cannot be deprived of rights if the parent has diseases, including mental ones, in which proper care of the child is not provided.

Conflicting acts in the best interests of children are often the result of the opening of a case of deprivation of parental rights. This event is unpleasant, difficult both in procedural and emotional terms, rather long (sometimes it takes 3-4 court sessions and more, not counting the preparatory stage), requires a comprehensive investigation, analysis of the conflict, legal knowledge and court proceedings. This is one of the most difficult categories of legal proceedings. An exhaustive list of reasons is indicated in the 69th article of the document on family relationships, namely:

malicious, prolonged evasion of alimony payments, evasion of parenting responsibilities (the most common argument),
drunkenness, drug addiction, confirmed in court by the conclusion of specialized medical institutions (common grounds),
cruel treatment of a child or his mother: rudeness, insults, beatings, attempts on sexual inviolability of a minor, etc. (although such grounds are common, but for everyone to see, censure is not taken out from the family, as a rule, they are hidden),
a criminal offense against a spouse or child (if there is a sentence),
unjustified refusal of a mother in a maternity hospital from her newly born child, unwillingness to take him out of the hospital (only the court has the right to determine whether the reason for the refusal is valid or not),
persuading a child to steal, vagrancy, drug addiction, prostitution, begging, drinking alcohol.

There are often cases in which a mother intends to collect documents for deprivation of the parental rights of the father of her child, when after a divorce she does not live with her ex-spouse together, but as a full-fledged parent of the child is raised by another man who is ready to adopt him. Often, after a divorce, a real father ceases to show his paternal feelings towards children, stops communicating with them, but does not abandon them either. Or, in pursuit of the goal of annoying his ex-wife, he prevents them from going abroad. All these motives are rather personal and, to a lesser extent, take into account the interests of the child, for whom the “carve-up” of parents is capable of causing irreparable damage to his psychological well-being. For the court, the hostile attitude of parents to each other, their sometimes unfounded accusations are secondary. There must be a compelling reason for the deprivation of parental rights listed in the paragraph above. Even one unacceptable method of education is enough to reopen the trial. Often, you can find a whole complex of interrelated reasons: drunkenness of parents, beating, insulting a child, etc. In any case, before filing a claim in court in order to "cut off a chunk", you should think carefully about the possible consequences several times, everything is carefully weigh.

Who can initiate a question?

If there are undeniable grounds for deprivation of parental rights, the legal framework regulates the filing of a claim by a limited number of persons. This list should include:

one of the parents (mother or father);
guardian or custodian;
the prosecutor;
heads of structures created to protect the rights of underage children (guardianship authorities, shelters, orphanages).

The rest of the persons can only initiate the filing of a claim, if necessary, participate in the court as witnesses from one side or the other, but not personally apply to the court with the documents. Deprivation of parental rights is carried out with the obligatory participation of the guardianship and guardianship authorities, as well as the prosecutor. They are directly involved in the trial, their opinion on the advisability of adopting an affirmative verdict will be taken into account. When considering a case for the court, the interests of the child will play a primary role. If he has already reached the 10th birthday, his opinion will be taken into account, and in the absence of an opportunity - voiced by the representative. If signs of a criminal act are found in the case, the prosecutor will be immediately informed of this fact.

The procedure for deprivation of parental rights. Where to begin?

Before going to court with a claim, it is necessary to visit the guardianship and guardianship authorities to explain to them the reasons that prompted this decision. You must bring with you confirming certificates of the child's birth, marriage, divorce (if any), extracts from the house book and personal account at the place of registration. You will also need a characterization for the deprivation of parental rights of the defendant, which is provided to the court in order to describe its negative aspects.

First of all, it is necessary to visit a number of organizations (law enforcement agencies, bailiff service, medical institutions) to collect evidence and facts of negative behavior. It will be useful to stock up on such documents as a forensic medical examination of the removal of beatings, testimony, evidence of a beating of a child, court decisions on the recovery of alimony, certificates of debts, drives to the police, convictions, extracts from a narcological dispensary confirming the registration and stay of a person on the register.

What to provide to the court?

To open a legal case, it is necessary to prepare documents for the termination of parental rights and any evidence of the defendant's inappropriate behavior, which may play a role in the judge's decision. The correctness of the preparation of documentation, the collection of evidence with the involvement of third parties - witnesses - half the battle. Legally competently constructed "dry" (without emotions) protection of the interests of the plaintiff is better to entrust to a legally savvy professional who is able to operate with all the subtleties and nuances of family law.

The obligatory list of documentation governs family law. Deprivation of parental rights occurs in the presence of a reasoned statement of claim submitted to the court with a request for such a decision. The claim is brought at the location of the defendant. If, for example, his whereabouts are unknown, he does not carry out proper upbringing and maintenance, an application can be submitted at the location of the principal, as well as deprived of the defendant's rights in absentia. A child aged 10 years and older has every reason and right to independently write such a statement on his own behalf. The claim should state the essence of the issue with the circumstances and facts attached in writing. It is obligatory to indicate the full name, registration and residence, passport data, phone numbers of the plaintiff. The application must be accompanied by: copies of certificates of the child's birth, marriage and its dissolution, documents confirming the well-being of the plaintiff, as well as all possible certificates that are the basis for deprivation of parental rights.

What can affect the decision of the court?

When the court makes an impartial decision, the living conditions and important quality indicators in the upbringing of the child must be checked: how much the child is physically developed, whether he attends an educational organization, what is his academic performance and behavior, whether the daily routine is correctly drawn up (rational nutrition, rest, fresh air), not is medical care required? These and many other factors will make it possible to determine the manifestation of parental care in relation to the child, to what extent the psychological contact and communication required for the development of self-awareness and the inner world of the child are established in their relationship. Taking into account the documents characterizing the place of residence (examination report), the applicant's ability to work and income, as well as the conclusion of a psychologist (a conversation between a specialist and a child is required), the opinion of the prosecutor and the guardianship authorities on the merits of the issue will be prepared and voiced in court. The child himself, who has reached the age of 10, can voice his position at the meeting, but the court verdict may not coincide with it if there is a clear contradiction to the interests of the child.

The claim was satisfied. What does this mean for the defendant?

A satisfactory (positive) decision on deprivation of parental rights, which has already entered into force, must be sent within three days to the registry office at the place where the child was born. In fact, it breaks family ties, contacts, deprives the parent of the responsibilities for the child's upbringing process. Benefits and allowances assigned by the state to the parent are automatically canceled. All decisions on the further cohabitation of the child with the parent are decided in court, taking into account the provisions of the Housing Code of Russia. The possibility of defending the rights of the defendant, for example, in inheritance cases, to support oneself by adult children, is categorically excluded. At the same time, the parent retains his direct responsibility to support the child (pay alimony), and the child has the right of ownership of movable and immovable property, the right to use the living space, the right to inherit, and so on.

If there has been a deprivation of parental rights, a negligent attitude towards the child has been proven, the difficult but vital task of determining the unborn child falls on the second parent or guardianship authorities. The result should be the formation of a full-fledged member of society. It is good if the child has the opportunity to stay with relatives, grandparents. However, it is not uncommon for a child to be sent to an orphanage.

What is a limitation of rights?

Not all cases are possible with a positive outcome. Sometimes the claimant may be denied a claim. In the practice of the Supreme Court of Russia, cases were considered in which an ordinary warning was issued against the defendant without deprivation of the right to raise a child, even if on formal grounds there were all grounds. A thorough study of each situation separately can reveal that the grounds could arise as a result of a coincidence.

Also, a court decision may impose a restriction on rights when a child is taken away from his parents, but the deprivation of rights does not occur. The restriction can be reduced, for example, to meetings with the child on the days designated by the second parent. Applicants in in this case relatives, heads of educational organizations, the prosecutor or guardianship authorities can speak. The imposition of a restriction in rights may be due to a number of reasons why it is impossible for a child to be with his parents. For example, if we are talking about serious illnesses, mental disorders, cases in which the grounds for deprivation of parental rights are not fully established, and the child's stay with his parents is unacceptable, is fraught with consequences. In this case, the child is taken by the guardianship authorities for up to 6 months.

After half a year (possibly even earlier), if the behavior of the parents remains the same, the deprivation of parental rights is likely. The court decision is made taking into account the position of the prosecutor and the guardianship authorities. The parents are responsible for the payment of alimony. With regard to the consequences, they are similar to those that arise when parental rights are deprived (inability to raise a child by a parent, receive benefits for him, the obligation to maintain, etc.). If the rights are restricted, communication with the parent can be preserved, if there is no harmful effect on the child, and also if the guardianship authorities (or guardian, trustees, adoptive parents) do not object to these contacts. In the future, having cases of deprivation or restriction of parental rights, a person will no longer be able to act as a guardian, trustee or adoptive parent.

The claim was satisfied by the court. Is it possible to recover your rights in the future?

If there is a restriction or deprivation of parental rights, practice shows that sometimes they can be restored (except for cases in which the child has already been adopted). Such a circumstance is possible after six months from the date of entry into force of the court decision. To do this, together with the applicant's claim, it is necessary to provide the court with documentary evidence of a change in the applicant's behavior for the better. A court with the participation of the prosecutor and the guardianship and guardianship authorities will consider the case on the merits of the issue and may not only restore the rights, but also return the child to the parents. If a child is over 10 years old, restoration of rights can only take place with his consent, but he has the right to refuse.

Can children be transferred to guardianship authorities without a court verdict?

The guardianship authorities have the right to take the children away from their parents (guardians, trustees) and arrange them temporarily (pending a court decision) in another place, if there are facts of severe violation of the provisions of the Family Code of Russia, a clear threat to the life and health of the child. The prosecutor must be immediately informed about the incident, and the authorized state executive body of the constituent entity of Russia issued an appropriate document, on the basis of which the guardianship body must file a claim with the court within 7 days.

The legislator has provided for several methods of influencing parents in order to protect the interests of minors. The most radical and extreme measure is deprivation of parental rights. Solution deprive of parental rights only accepts the court... The prosecutor and the guardianship representative must participate in such hearings. At the same time, they give their conclusions regarding controversial issues.

Grounds for deprivation of parental rights under family law

The Family Code (family law) determines that in order to start a trial for deprivation of parental rights, it is necessary to comply with the obligations of the defendant (parent) in relation to his child, as well as the occurrence of circumstances that make it impossible to resolve problems in another way.

Attention: the family code assumes equal rights and obligations for both parents!

The list of grounds for deprivation of parental rights in 2019:

Malicious evasion of parents from fulfilling their duties (including maliciously evading the payment of alimony - read about deprivation of parental rights for non-payment of alimony).
Abandoned the child for no good reason.
Child abuse (both physical - beatings (read where and how to remove beatings), and psychological)
Parents' abuse of their responsibilities - for example, hindering the education of children, hindering treatment, attracting drunkenness, etc.
If the parents have committed certain illegal actions against the life and health of their child (or in relation to the spouse) - this point is possible only by a court decision.

Requirements for the defendant to start the process:

Be a parent. Such proceedings cannot be opened with respect to trustees and guardians.
Be competent.
Abuse by the defendant of rights or violation of the rights of the child, including failure to comply with parental responsibilities.
The age of the minor, in respect of whose parents the proceedings are opened, is not older than 17 years.

How can a father or mother be deprived of parental rights?

The court can deprive both the father and the mother of parental rights, the grounds are voiced in Art. 69 RF IC:

Evasion of fulfillment or inadequate fulfillment of parental responsibilities. This item also includes malicious non-payment of alimony for maintenance. But not every child support debt is malicious. In what cases are deprived of parental rights due to refusal to provide content is clearly demonstrated by judicial practice. The father or mother should be able to support the child financially, but due to their unwillingness, they do not.
Refusal to take the child home. Can a mother be deprived of parental rights when she did not take the baby when she was discharged from the maternity hospital? Yes, it is quite. The fact that the child was abandoned confirms the mother's unwillingness to raise him and fulfill her duties.
Abuse of the rights of the mother or father. This can happen when the mother forbids the father to see the child. A basic claim based on the cause of abuse must be understood in what cases the mother (father) is deprived of parental rights due to abuse of rights. It is not the fact of abuse that plays a role, but the fact that it harms the child.
Rough or cruel treatment of the son (daughter).
Committing a malicious crime against a child or mother (father). For an appeal on this basis, it is necessary that the defendant's guilt has been proven in a criminal case, a verdict has been passed.
Chronic drug addiction or alcoholism. This fact must be confirmed, that is, diagnosed alcoholism or drug addiction.

The specified list is an exhaustive list of in what cases the father (mother) is deprived of parental rights. Other reasons cannot be used in the preparation of a claim.

Procedural procedure for deprivation of rights

To terminate your rights, you must file a civil claim. Have the right to send an application:

second parents;
guardian / trustee;
guardianship officer;
the prosecutor;
child from 14 years old;
employees of services that protect the interests of children.

The latter include not only shelters, boarding schools and schools, but also a hospital, juvenile support centers, etc. It should be noted that the child's relatives do not have the right to file a claim let's say a grandmother, if she is not appointed guardian / curator. Going to court in order to protect the interests of a minor, and such are cases of deprivation of parental rights, are not subject to duty.

Life after the trial

If, based on the results of the meetings, a decision is made on deprivation of rights, then the parents completely lose their rights, while the obligations of the person deprived of parental rights remain.

The law obliges parents, even after being deprived of their rights, to support their children. If necessary, the court fixes the amount of payments for the maintenance of the child. The money is transferred to the person who takes care of the child. This can be both a second parent and a guardian or an orphanage (boarding school).

After deprivation of rights, parents cannot:

inherit the child;
receive government assistance;
participate in the life of the baby;
prohibit something, for example, traveling abroad;
live in an apartment owned by a child or a second parent.

After the parents (or one) have been deprived of their rights, the baby can be adopted. Until the moment of adoption, the financial responsibility of parents deprived of parental rights for child support is in effect. The most frequent adoption when only the father or only the mother is deprived of the rights is the second spouse. The waiting period before the initiation of the adoption process is set - 6 months.

Procedure for the restoration of parental rights

The Family Code provides a pathway for parental rights restoration for the father or mother. For this, the following conditions must be met:

showing care for the child;
consent of the baby (10 years or more);
lack of the fact of adoption;
child's age up to 18 years.

In order to restore his rights, the parent needs to go to court with a claim, if the conditions meet and allow this to be done.

The legislator clearly defines which parents to deprive of parental rights. It is indicated that this measure is radical. Investigative Committee of the Russian Federation establishes the priority of preserving the family, if possible. But because of the parent's unwillingness to take care of the baby, and sometimes causing harm to the minor, such a tough mechanism for protecting children has been worked out.

Lawyer of the collegium of legal protection. He specializes in the management of cases related to divorce proceedings and the payment of alimony. Preparation of documents, incl. assistance in drafting marriage contracts, claims for the collection of penalties, etc. More than 5 years of legal practice.