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The procedure for depriving parental rights of the Father. The procedure for restoring parental rights. Help from the place of work indicating the average wage

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 at the 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.

Before talking about the deprivation of parental rights and about the procedure of deprivation, I would like to tell you that, in fact, are parental rights.

So, in accordance with Art. 47 of the Family Code of the Russian Federation, the rights and obligations of parents and children are based on the origin of children certified in the manner prescribed by law. Parental rights are a totality of the rights and obligations of parents to their minor children. They have equal rights and carry equal responsibilities regarding their minor children. Parental rights are terminated by the achievement of children of the age of eighteen years, as well as at the entry of minor children to marriage and in other cases established by law, the acquisition of fully capacity for the benefits of majority. Parents have the right and must educate their children. They are responsible for the upbringing and development of their children, 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. The responsibilities of parents include ensuring the receipt of children of the main general education. Parents, taking into account the opinion of children, have the right to choose the educational institution and the form of teaching children before receiving the cities of the main general education.

Protection of the rights and interests of children is assigned to their parents. Parents are legitimate representatives of their children and defend their rights and interests in relations with any individuals and legal entities, including vessels, without special powers.

Ensuring the interests of children should be the subject of the main care of their parents. In the implementation of parental rights, parents are not entitled to harm the physical and mental health of children, their moral development. Methods of education of children should exclude disdainful, cruel, coarse, degrading human dignity appeal, insult or exploitation of children.

All questions regarding the upbringing and education of children are solved by parents by their mutual agreement on the basis of the interests of children and taking into account the opinion of children. Parents (one of them) in the presence of disagreements between them are entitled to seek the resolution of these disagreements to the guardianship and trusteeship body or to court.

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 education of 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.

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.

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 other similar institutions. 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.

Parents are entitled to demand the return of a child from any person holding it at all on the basis of the law or not on the basis of a court decision. In the event of a dispute, parents have the right to apply to the court for protecting their rights.

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.

2. In what cases can make parental rights?

The deprivation of parental rights is made in court on the grounds provided for by Art. 69, 70 of the Family Code of the Russian Federation. Cases of deprivation of parental rights are considered at the request of one of the parents; Persons who replace parents, prosecutor, as well as according to the statements of bodies or institutions to which the responsibilities for the protection of minor children are entrusted. Cases of deprivation of parental rights are considered with the participation of the prosecutor and the guardianship and guardianship authority.

The law provides for the following cases of deprivation of parental rights:

  • evasion from the fulfillment of parental duties, including malicious evasion of payment of alimony;
  • refusal without good reasons to take his child from the maternity hospital (branch) or from a particular medical institution, educational institution, institutions of social protection of the population or from other similar institutions;
  • abuse of their parental rights;
  • cruel treatment of children, including the implementation of physical or mental violence over them, an attempt on their sexual integrity;
  • chronic alcoholism or drug addiction;
  • making a deliberate crime against the life or health of their children or against the life or health of the spouse.

3. What documents are needed?

The statement of claim is filed in writing to the district court at the place of residence of the defendant. The statement indicates the following data:

  1. the name of the court in which the application is submitted;
  2. the name of the plaintiff, his place of residence, as well as the name of the representative and its address, if the application is submitted by the representative;
  3. the name of the defendant, his place of residence;
  4. what is the violation of the rights and 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 list of documents attached to the application.

In the event of an appeal of the prosecutor to protect the legal interests of a citizen, the statement should establish the impossibility of presenting the claim by the citizen.

The statement of claim is signed by the plaintiff or his representative if he has powers to sign an application and presenting it to court. A copy of the power of attorney is attached to the statement of claim. In addition, its copies are attached to the statement of claim in accordance with the number of respondents and third parties; a document confirming the payment of state duty (100 rubles - as a non-property statement); Documents confirming the circumstances on which the plaintiff basses its requirements, copies of these documents for the defendants and third parties.

Package of documents in each case is individual and should be prepared by a lawyer, but general recommendations are as follows: the claim should be applied to the properly certified copies of the marriage or termination certificate and the birth certificate. In court, you can imagine both notarized copies and photocopies along with the originals - in this case the court will assure copies of himself. It is also necessary to submit a certificate from the residence of the child. Do not do without written evidence - you will need certificates from the bailiff confirming the evasion of the payment of alimony; Documents confirming the asocial behavior of the defendant (any information on police challenges, certificates from injury, hospital sheets), information on the status of the defendant on appropriate accounting (for example, drug treatment), other evidence that it shies away from the fulfillment of parental rights and responsibilities. It also makes sense to submit a request to the court with a request to request executive prohibition in the service. If the defendant was brought to criminal responsibility for malicious evasion from paying alimony - to attach a copy of the sentence.

4. What can confirm the abuse of parental rights?

Cases of abuse of parental rights include such cases when one of the parents impede another to carry out its parental rights, especially in cases where this order is already defined by the court. When the second parent prevents the child in visiting foreign countries, which requires the consent of the second parent (most of the countries of the Schengen Agreement). In addition, despite the fact that departure from Russia is possible without the consent of the second parent, subject to the accompaniment of one of the parents, there are cases when the child is traveling as part of the team, or the tourist group, without maintaining the mother. In this case, even for departure from the Russian Federation, the consent of both parents is required. Refusal to give such consent can also be viewed as abuse of parental rights. However, this reason for the deprivation of parental rights, unfortunately, is not enough.

5. Is it possible to deprive the parental rights of a person who is simply absent in the child's life? If possible, what time of the lack of a parent is a sufficient basis? What can be a confirmation of the non-participation of the father in the life of a child?

If the defendant does not participate in the child's life without good reasons for more than six months and does not pay for alimony, which there is a documentary confirmation, it is quite possible to raise the question of depriving parental rights. The testimony of witnesses will be important, and, above all, the conclusion of the guardianship and guardianship authority, and the materials of the enforcement proceedings. However, I think that before presenting a similar claim, it is still necessary to solve the issue with the preservation or termination of the marriage, as well as in the prescribed manner, the debtor's search is made - it is quite possible that the bailiff, having established the place of residence, will oblige him to pay alimony, and The grounds for deprivation of parental rights will disappear.

6. Are there any cases in which the father's father cannot deprive parental rights?

When making a decision, the court evaluates evidence, determines which circumstances that are important for consideration of the case are established, and what circumstances are not established, what are the legal relations of the parties, which law should be applied in this case and is subject to satisfaction. In the motivation part of the court decision, the circumstances of the case established by the court must be indicated; The evidence on which the conclusions of the Court are based on these circumstances; arguments for which the court rejects certain evidence; The laws guided by the court.

The parental rights of persons who do not fulfill their parental responsibilities may not be deprived due to the progress of difficult circumstances and for other reasons, from them independent (for example, mental disorder or other chronic disease, with the exception of individuals suffering from chronic alcoholism or drug addicts). The presence of documented disability (disability registration) in no way relieves the obligation to pay alimony: in this case, the alimony is paid off the debtor's pension.

7. It is possible not to deprive the father of the child parental rights, but to limit parental rights. What is the difference?

These questions are regulated by Art. 73, 74 Family Code of the Russian Federation. The court may, taking into account the interests of the child, decide on the mapping of a child from parents (one of them) without depriving their parental rights (restriction of parental rights). The restriction of parental rights is allowed if leaving the child with parents (one of them) is dangerous for the child in circumstances, from parents (one of them) independent (mental disorder or other chronic disease, a host of difficult circumstances and others). The restriction of parental rights is also allowed in cases if leaving the child with parents (one of them) due to their behavior is dangerous for the child, but not enough grounds for the deprivation of parents (one of them) parental rights. If parents (one of them) do not change their behavior, the guardianship body and guardianship after six months after the court decides to restrict parental rights is obliged to make a claim for the deprivation of parental rights. In the interests of the child, the guardianship and guardianship authority has the right to make a claim for the deprivation of parents (one of them) of parental rights before the expiration of this term.

Parents, parental rights are limited by the court, lose the right to personal education of the child, as well as the right to benefits and government benefits established for citizens who have children. However, the restriction of parental rights does not exempt parents from the responsibility of the maintenance of the child. The child in respect of which parents (one of them) are limited in parental rights, retains ownership of residential premises or the right to use residential premises, and also maintains property rights based on the fact of relationship with parents and other relatives, including the right to receive inheritance. In the event of restricting the parental rights of both parents, the child is transferred to the care of the guardianship and guardianship.

Parents whose parental rights are limited to the court, contacts with a child can be allowed, if it does not have harmful influence on the child. Contacts of parents with a child are allowed with the consent of the guardianship and guardianship authority or with the consent of the guardian (trustee), adoptive parent parents or the administration of the institution in which the child is located.

If the grounds, by virtue of which parents (one of them) were limited in parental rights, disappeared, the court on the claim of parents (one of them) may decide on the return of the child to parents (one of them) and the abolition of restrictions. The court, taking into account the opinion of the child, is entitled to refuse to satisfy the claim if the return of the child to parents (one of them) contradicts his interests.


8. Is there any responsibility for violating the decision of the court by a person deprived of parental rights?

In accordance with Art. 79 of the Family Code of the Russian Federation, the execution of the court decisions on cases related to the education of children is carried out by the court executor in the manner prescribed by civil procedural legislation. The judicial decrees entered into legal force are mandatory for all of the state authorities, local governments, public associations, officials, citizens, organizations, and are subject to strict execution throughout the Russian Federation.

If the parent (another person, in the care of which is the child) impedes the execution of a court decision, the measures provided for by civil procedural legislation are applied to it. Failure to focus, as well as a different manifestation of disrespect for the court entails the responsibility provided for by the Federal Law (Art. 13 Part 2, 3 Code of Civil Procedure of the Russian Federation). And the obstruction of the legal activities of the bailiff, which in the performance of official duties entails the imposition of an administrative penalty (Article 17.8 of the Administrative Code of the Russian Federation).

9. How does the deprivation of parental rights relate to the payment of alimony?

Parents, deprived 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 detention from him, as well as the right to benefits and public benefits established for citizens having Children. However, the deprivation of parental rights does not exempt the parents from the duty to contain their child.

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 maintains property rights based on the fact of relationship with parents and other relatives, including the right to receive the inheritance .

10. Is it possible to restore parental rights?

In accordance with Art. 72 of the Family Code of the Russian Federation, parents or one of them can be restored in parental rights in cases if they changed the behavior, lifestyle and (or) attitude towards raising the child. 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. Simultaneously with the statement of parents (one of them) on restoration of parental rights, the requirement to return the child to parents (one of them) can be considered. The court is entitled, 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. Restoration in parental rights is not allowed if the child is adopted and adopting is not canceled.

Discussion

Hello
There was an urgent need to deprive the rights of the father of the eldest daughter, she did not see the father from the age of 9 months and he doesn't know him in his face, she was 9 years old, the child lives with me, my second spouse and our common son. The need arose to be connected with obtaining a residence permit and further movements of the daughter in Europe and England. I will need to go on every permission to leaving him on the bow. And the child does not doubt that my husband is not her father. Question: There is about me the chances to win the case, and what is the first to actions so that the husband recognize paternity.
Thanks in advance for the response.

Hello, I have such a situation with my wife. We do not live together. Already more than 3 years old have not yet been divorced, but it was deprived of parental rights in relation to the 2ndity due to the fact that I saw a little guardianship over my daughter. Since I am often on business trips. And son is with my mother on my mother registration. I ask me why I want to deprive parental rights against both children, although I help materially, deprives care of

05/25/2018 13:15:10, and

Hello! Father does not appear in the life of a child for several years, never paid the alimony. Thought about the deprivation of parental rights, but refuse, due to the fact that he is in social networks, it is possible to rest on some article, to prove that this is not enough to argue that he is generally alive

04/11/2018 20:31:25, Alena10393939

Please tell me with such a problem the children were on guardianship while their mother was sitting, but when she freed she didn't want to live, grandmother of the hemp on the deprivation of parental rights she was given half a year of the Priority, but she did not fulfill their guardianship that her parental rights will be deprived of her, and the ardent will be seased to the orphanage and offer the mother to strengthen their parental rights

02.02.2018 18:32:43, xxx

Hello! For 3 years, the child lives in a ten, the mother addict lives in another city and does not come and bring it it is impossible to find it hard and if you find it does not go does not want. We want to treat it. Child 2 years lives in another family just by proxy. How to make a reception family how to solve her parental rights without her

05/03/2017 06:29:25, Linal

Hello today was the court for the deprivation of the rights of the former husband. It was naturally not coming. It was said to put the witnesses that he does not help in raising a child, but whom the documents and what I do not know even. Please do

Hello. I have an incomplete family. We live separately with the father of children for more than 5 years.
It so happened that I was absent for more than 2 months (was in the militia in the Donbas, there is a reference to dismissal). Children stayed with her grandmother. She limited me in the rights of children. And also, she filed a lawsuit for the deprivation of parental rights. Can the court deprive me of rights to children? Is it worth mentioning about the militia, or better to say what went to another region on earnings? Especially it is planned to move and buy housing in another city.

Hello! I have been divorced for 5 years, I have not served for alimony, and the former husband has not seen a child for 5 years and did not pay anything, did not buy anything (the child does not know him) if he was obliged to pay the alimony himself?
I want to lie his fatherhood whether it will be easy to do, because He did not participate in no way in the upbringing ???

Good day. Question to deprive the parental rights of the father of the child. In divorce 5 years, son is 6 years old. Alliments pays by the court decision. After the divorce, the father of the child appeared only the first half of the year, after that argumenting by the fact that EMA is hard for us and no longer appeared. At first I tried to form it and convince (he himself grew up without his father), but a year has passed and I no longer have seen him and the calls did not receive. The child supports only the grandmother of the former husband, so if the father and his son seemed, then only she, but this fact is hidden from me. In general, I can only guess how often they are seen. I know exactly what for these five years the father of the child never took him out of the kindergarten, did not go to the doctor, nor lying in the hospital (even when I could not take a sick leave under the threat of dismissal, asked for a mother-in-law so that he lay down in the hospital) nor came To visit the child and did not call him. Now I am married, we wait for the baby, my husband would like to adopt the elder. Tell me, what is the chance that the father of the child is deprived of parental rights? And in general, does it make sense to do it?

Hello, my husband and I are divorced and since June 2016 we don't live together. I have not been paid for. I have not been interested in business and in general it says that it will disappear from our life. There was a rampant lifestyle (drank, took drugs). I have a correspondence with his friends About how they are going to spend time. And recently he decided that he needed a child and wants to return us, but the lifestyle leads the same. Everything has 2 cats, dog and parrot live, constantly sit and shed alcoholic beverages, As his friends and his parents, respectively, there is no order. It wants to achieve communication with the child through the court, what I, naturally, I don't want, because I will give such behavior to my child. Will he win the court? If I submit a lawsuit on the deprivation of his parental rights, will they deprive him?

30.09.2016 15:16:53, Ekaterina Iceman

Hello! My father all their collaborative life beats my mom, me, my brother! Before me, he challenged the whole year! I escaped from the house as soon as I finished school (in 2013). Now I am married, I have a daughter, I am pregnant with the second child, I want to pick up my mother and brother to myself, but they are afraid of her father. Now we have decided that they secretly leave him to me (I live in Yekaterinburg, and they are in the town of Chernomi Perm Territory). Then mom will give a divorce and deprivation of his parental rights. They can't do it in Chusov, because if the mother tells him about his intentions, he simply can make her disabled person! Please tell me how to do everything right to apply for a divorce and deprive parental rights, and at the same time not to meet with him. He is mentally not healthy, only there is no reference ..

08/14/2016 15:44:34, Ksenia

what documents do you need to collect in order to apply for a federal court to deprive the parental rights of the child's father?

08.10.2015 14:57:13, Svetlana Hamurar

Hello! Please tell me, please, the parents are divorced, the child lives with his mother, there is a reason to deprive the father of parental rights, will it affect someone in the future fate of the child? (Can the Father deprived of the right in the legal plan to "stare" the biography of a child or prevent, for example, to a device for any work?)

Hello! Help please deal with one question. They wanted to adopt the child, waited for the trial to deprive the parental rights of parents. The parents of the child's alcoholics, have never come to visit. We were told that in 90% of such cases - deprivation. But the father recently appeared, who wants to pick up. He says that he threw to drink, stood on the path of correction, etc. We have evidence about him in bad past. Does it deprive him? Very want this child!

I want to deprive the father of parental rights! But he pays for alimony, does not beat me and nothing like that! He is simply not interested in my life, my health and interests! Roughly speaking, it does not exist for him! He left us when I was 9 months-alimony achieved through the court, + when he left us, my mother was pregnant and from the fact that she could not contain two children, but her At that time it was 19-20 years old, she did turn! He knew about the child and threw us! They did not in marriage! And my life is not interested! But he filed documents for a ban on departure! Having learned that I flee into Japan to work the model! Everything was under the contract, agreed with the agent, I went to Japan! It was not slavery and not prostitution! Everything legally! He learned about it immediately decided to apply for a ban on traveling abroad! I want to deprive his parental rights! Or I read there is such a thing (rejection of the parent) What can I do?

08/11/2014 01:00:56, Round

Comment Article "Delegation of parental rights: Questions and Answers"

Deprivation of parental rights in prison. Legal and legal aspects. Adoption. In case of difficulties with the deprivation of parental rights, does it make sense to deprive. Rights Mother, and later do with the Father. You can (very difficult!) To deprive parental rights ...

Discussion

Something like this: if you deprive the defendant on the reason that he is in prison, then it is necessary to understand that it will be possible only if the punishment of it is associated with the crime against the health of the baby or his life.

If the defendant is serving another punishment, then you will have to turn to other grounds (a complete list can be read here, most often apply:

Father / Mother's alcoholism;

Father / Mother's addiction;

The complete elimination of the child's life, despite the lack of visible valid reasons;

Full lack of material support.

The deprivation of the rights of convicts for care for a child is a very complex and painstaking process that requires much attention to the details and experience with such cases.

LRP parents serving a punishment in MLS is possible in cases where the grounds for the LRT arose before the detention of parents.

One of my girlfriend tried to deprive the parental rights of the Father of his daughter, who did not contact the child at all with the child for 5 years and the alimony also did not send a penny. It is possible to deprive only if she proves that the father has not been interested in the child and ...

Discussion

One of my girlfriend tried to deprive the parental rights of the Father of his daughter, who did not contact the child at all with the child for 5 years and the alimony also did not send a penny. So in court, even the statement did not accept. Never (she made several attempts). And reluctantly commented that for deprivation of parental rights need more good reasons.

Can not do anything. It is possible to deprive only if she proves that the father has not been interested in the child and the alimony appointed by the court did not pay and does not want to pay. There is no alimony for a court means everything suits her, it is designed that dad pays them. Communication - there are witnesses that dad communicated with the child. I think that you write below - she wants attention and trying so stupid some thought to convey. To progress - I would have written in a cope on behalf of the Son, which always communicated with the child, translated the alimony by agreement with his wife in such an amount of bank transfer and now pays (a couple of copies of payments to the application to make pictures with a recent one), and now The former wife ceased to communicate with the child and promises to deprive parental rights. Help me please. Let the former guard explain that he made all this Cordabalet because of the monthly non-payment of money and the lack of some moral support of the former wife in the presence of a man actually legitimate spouse. Sheepskin Nimiku is nothing wrong to do anything good, but desires to throw threats from a former wife should be dug

The deprivation of parental rights is the most extreme method. We need a few grounds: 1) Demanding evasion from paying all this will naturally need to prove. It is difficult to deprive parental rights, but it is possible. And by the way for one alimony alimony ...

Discussion

Deprivation of parental rights The most extreme method. We need a few grounds: 1) a deciduous evasion from the payment of alimony. Min 6 months. (Keep in mind that if at least once "Father" contributed to the account at least 500r, Zlost.Nostuetteer he is Yavl. will be.)
2) evasion from their parental duties (upbringing, meetings, chat with a child)
And there is also an option: if you prove that the "father" behaves an immoral lifestyle or abuses alcohol, drugs., Or adversely affects or affect the psychological and moral development of the child, then there is more chances here.
All this will naturally need to prove. The elevation of parental rights is difficult, but it is possible. And by the way for one alimony alimony, it is not deprived of alimony. Do not deprive.

Do you have the right to communicate with your child relatives (specifically - mom) father of the child who was deprived of parental rights? Although yes, you can remember that relatives have the right to visit the child in DD without making anything over it (that is, they are like ...

Discussion

Let's proceed from the law and formal logic:
father's relatives of the child - who? - These are relatives of the child.
Relatives are not a father - respectively, not relatives of the child
This is a formal logic.
Further. By law, if the parents of the Children's LRP are the child automatically transfer to children's office (det.D.) except when adult relatives (grandparents, aunt-uncle, brothers sisters) will not make care of custody, guardian or adoption ... .
Those. Burkshuk LRP Father to raise a child should arrange its right to this through court. And nothing else ... At the same time, the child may inherit such relatives on common grounds.

Output? The fact that you are allowing a diet to communicate with it is exclusively your kind will and nothing more.


After a while, the court was also deprived of rights.

Sometimes with alcoholism.

It is deprived of rights, not duties, and the judge when considering the case will still appoint alimony, Htta and order. Then the first way to use. The link you can download the claim for the deprivation of parental rights.

Discussion

wrote on a denote

Apply to the court if there is a requirement only about the deprivation of parental rights, this claim is submitted to the court at the place of residence of the defendant, i.e. The child's father, if there is also a requirement for the recovery of alimony, it can be submitted both at its place of residence (registration) and at the place of registration of the defendant. Conscribe all the necessary paper (an extract from the house book, a financial personal account or an owner's accounting card from your place of residence, a copy of the child's birth certificate, a copy of the Fathersnamental Certificate (if it was, go to school, take the characteristic to a child, indicating that Who picks up a child from school, also let them indicate that the dad has never seen). Let the dad be in court and recognize the claims, then everything will decide for 1 time. Go to a lawyer, let them write a claim. At the hearing you need bring a couple of witnesses who will say that dad is not engaged in raising a child and all that

But ... I do not intend to deprive the rights of the bloodfather, because a child in school in a year. I collected documents into court and try to achieve if a child is important to him, then you can protect his rights, do not lose your parental rights. But he must be aware of his step, you still need ...

Discussion

I do not see any problem.
Decision of rights in your situation will be held without problems.
But do not forget that your husband can only adopt the child only after 0.5-1 years (the appeal period for devoid of rights).
Now I adopt the daughter of the wife - the situation is 99% the same. But ... I do not intend to deprive the rights of the bloodfather, because a child in school in a year. Collected documents to court and try to achieve adoption without the consent of the Father. None in our city in the opportunity does not believe this - not a guard, nor the judge. Everyone wants not to violate the rights of a blood father, but the rights of the child does not want a guardian, nor the court.
However, this in words - the court will be in a month ...
Now, too, the child is fixed by the housing of the deprived rights of parents, if it is housing, there is.
The Telentica, the heroic guardianship even replete the housing of biomateratera for two apartments - for Bio and for Irishki.

1. In general, to deprive the parental rights of the parent who does not deal with the child can, but ... 3. To adopt the child without deprivation of parental rights, if the father signs the application for the consent of his child's adoption by another person (or an indefinable circle of persons).

Discussion

No by law can not deprive his parental rights. This is a very long procedure, with witnesses, and the participation of guardianship bodies. But if he is deprived of his parental rights, then in the future he can not be a adopter, nor a guardian or adoptive parent.

Are patients with chronic alcoholism or drug addiction (spoken?)

There is still such a thing as
Article 73. Restriction of parental rights

1. The court may, taking into account the interests of the child, decide on the decisions of the child from parents (one of them) without depriving their parental rights (restriction of parental rights).

2. The restriction of parental rights is allowed if the child's leaving with parents (one of them) is dangerous for a child in circumstances, from parents (one of them) independent (mental disorder or other chronic disease, a host of difficult circumstances and others).
The restriction of parental rights is also allowed in cases if leaving the child with parents (one of them) due to their behavior is dangerous for the child, but not enough grounds for the deprivation of parents (one of them) parental rights. If parents (one of them) do not change their behavior, the guardianship body and guardianship after six months after the court decides to restrict parental rights is obliged to make a claim for the deprivation of parental rights. In the interests of the child, the guardianship and guardianship authority has the right to make a claim for the deprivation of parents (one of them) of parental rights before the expiration of this term.

All this requires huge nerves ...

The guardianship authorities cannot make the final decision on the deprivation of parental rights. They may be the applicants (st.70 SK procedure for depriving parental rights). Such a decision makes a court. In Article 69, the CC states: "... may be deprived of parental rights if they evade the fulfillment of parents' duties, including with malicious evasion from paying alimony." The fact that it does not work, in no way justifies his non-payment of alimony. Moreover, for 11 years. If it is capable, then no wife can impede his right and responsibilities to participate in the upbringing of his daughter. For your familiar reason for appealing to court. In any SIR consultation, she will tell her how to act. Anya Council, it will scatter him that she will give for alimony. In the event that it is not working, the court will oblige him to pay alimony from income, but in a solid monetary amount (Article 83 SC). Yes, they can also oblige to pay for the three preceding years from the moment of appeal to the court. The dad should be scared.

06/24/2003 13:00:45, like this

Last update February 2019

The deprivation of parental rights is the legislative method of influencing parents if they use their status to harm the child (Art. 69 of the Family Code of the Russian Federation contains all the grounds under which the deprivation of parental rights may occur).

Also, this process is applied to persons officially established as the parents of the child, that is, their data is enshrined in the child's birth certificate. The person who received parental authority, after passing the test for the establishment of paternity, is deprived of them in accordance with the general procedure (to establish paternity by the consent of the person, the norms of claim 4 of Arts are applied. 48 of the RF IC, the court establishes paternity based on the norms of Art. 49 of the RF IC ).

Provided that in the family is not one child, the deprivation of parental rights is applied individually to each of them, given all interests. One-time deprivation of rights for all children's children is unacceptable.

Before depriving parents of their rights, be sure to establish two facts:

  • Prior to that, all the ways were tried to correct the behavior of parents in the direction of improving their relationship and the conditions of the maintenance of the child. An explanatory conversation was carried out, perhaps the guardianship and guardianship authorities have ended the warning, there were conversations with the staff of the ATS, support was obtained and comprehensive assistance. But the result of the behavior has not changed;
  • Obvious and provable wine fault.

In the presence of such facts and grounds, the lawsuit and the court remains, how to deprive the mother, father or both, parental rights (Art. 77 of the SC of the Russian Federation establishes the possibility of the body of the guardianship and guardianship, pick up the child from parents to a court decision on the deprivation of parental rights , taking into account the danger of the health or life of the child).

Base 1: Parents do not fulfill their duties

The study of judicial practice indicates that evasion is regularly non-fulfillment of parental obligations, elementary ignoring the basic needs of the child, such as: nutrition, clothing, medical care. Also, there are cases of the involvement of a child in a situation, adversely affecting his upbringing - drunkenness, immorality, lack of respect for older people, ridicule over disabled people and so on.

Often, regular communication with people having alcoholic, drug addiction, leads a child to commit a state of immoral character: humiliation of weak, insulting senior, petty hooliganism, and sometimes committing criminal action.

In the text, paragraph 1 of Art. 69 of the RF IC referred to malicious evasion from the payment of alimony, acting as an example of evasion from the execution of the duties of the parent. For the adoption of such a fact as the basis of the 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 of payment
  • late payment
  • the incorrect amount of alimony
  • creating obstacles to receive them

If the parent is not able to pay for the payment of alimony for reasons that it is impossible to overcome - this fact is not considered by the court for the deprivation of rights of parents.

Foundation 2: Failure to pick up a child from medical institutions or social organizations

It should be understood that the refusal must be made by the will of the parents. If parents are due to irresistible circumstances (the heavy stage of the disease, disability, unsuitability or lack of housing) cannot pick up a child, this is not considered the basis for the deprivation of parental rights.

Example: If a single mother leaves a child in the hospital department, without good reason, at the same time, without intending to arrange it in a family for guardianship or to the relevant state institution, this fact is considered to be the basis for deprivation of parental rights.

Foundation 3: Parents are abused by their rights

The basis of this circumstance is the fact of the domination of the parent over the child, his powerlessness before coercion to the commission of any actions: the use of alcohol, drugs, forced begging or coercion for prostitution. Practice shows that such a pressure of parents on children has a systemic nature and over time turns into operation of a child.

Often, to prove the guilt of parents on this basis is very difficult, therefore the norms of Art are applied to them. 73 of the RF IC "Limiting Parental Rights".

Foundation 4: Cruel treatment of children

This circumstance is characterized by violence against children: physical, including sex and mental. Physical type violence is regular, intentional causing to a child, injuries, regardless of the degree of gravity and method of application. Mental violence may be in the form of intentional imposition of feelings of fear, commodity, threats.

If someone from relatives, carries out a physical or mental violent influence on the child, but parents do not counteract it, the restriction of parental rights under Art. 73 SC RF.

Base 5: Parents are chronically sick with alcoholism or drug addiction

These diseases relate to severe and completely suppress the will of a person. Therefore, parents physically cannot fulfill their duties, and the child falls into position, dangerous for his life and health. The presence of chronic stages of the above diseases must be confirmed by medical conclusion.

There is a certain difference between chronic alcoholism and drunkenness. Drunkenness does not imply 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 base.

Base 6: Making an intentional crime against a child or spouse

In this case, under the crime is understood not only violence in its physical manifestation, but also the fact of the attempt, ignoring the danger to the child, bringing to suicide, etc. If the crime is committed against the second spouse, the child does not have to be his witness. To deprive the face of his parental rights on this basis, a judicial verdict is needed to commit a crime against a child or spouse.

Restriction of parental rights

Considering the claim, the court decides, for which you can deprive your father or mother of parental rights, and for what to limit their rights. Some of the grounds for deprivation of rights can also act for their restriction. But basically, the restriction of parental rights occurs due to the reasons of the parents independent from themselves. These cases in which the danger of the child's life arises, such as sickness or psyche disorder of parents. Sometimes the restriction of parental rights is chosen as a preventive measure for parents, with a deadline for correction. If parents undergo this period under the supervision of the guardianship and guardianship service - the restriction is removed.

Deprivation of rights, as well as the restriction, applies only to parents. Persons that replace them cannot be deprived of parental rights. They pass a different procedure.

The consequences of deprivation and restriction of parental rights

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

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

What do you need to deprive parental rights?

The deprivation and limitation of the rights of parents occurs on a court decision. For this, an appropriate lawsuit is served in the court located at the place of residence of the parent, which is the defendant.

The lawsuit and all additional documents, in the case of the deprivation of parental rights, can be filed: the second spouse, regardless of the fact of living with the child; face that replaces the parent; employee of the prosecutor's office; An employee of the law enforcement authorities. There are cases of filing the claim by the children themselves.

The lawsuit on the restriction of parental rights may be:

  • Nearest relatives of a child or parents: Brother or sister, Grandma, grandfather.
  • Organs engaged in the protection of the rights of children;
  • Pre-school and general education institutions;
  • Health care institutions and social protection;
  • Prosecutor's Office.

If you have questions about the topic of the article, please feel free to ask them in the comments. We will definitely answer all your questions for several days. However, carefully read all the answers to the article, if there is a detailed answer to such a question, then your question will not be published.

Real fathers are not uncommon in family practice.

Therefore, the mother is often forced to decide on the deprivation of parental rights, which is possible to make exclusively through the court, having good reasons.

Submitting the claim by mothers raising children without the participation of the Father is not frequent.

Many women believe that the whole bustle associated with this procedure is meaningless.

They continue to engage in the education and content of minors alone, not remembering the existence of the Father.

Meanwhile, for children, such inaction can turn into problems. A negligent father can:

  • In old age or upon the occurrence of disability, receive alimony from his grown baby.
  • Become an heir to the first stage.
  • Apply a ban on the departure of a minor abroad.
  • Unhindered to communicate with the child, which is often turning serious psychological problems.

Grounds for depriving parental rights

Why can you deprive the father of parental rights? The list is enshrined in the RF IC (Art.69):

  • Evasion.
  • Abuse rights.
  • Cruel treatment.
  • Physical or psychological violence against the child.
  • Failure to pick up a child from a specialized state institution.
  • Crime, which has no harm to the health of a child or mother.
  • All forms of addiction.

The presence of facts is proved documentary and testimony. The lack of material content can be proved only if the mother filed documents for alimony does not receive them from 6 months or more.

The most difficult to prove the addiction, especially with separate accommodation. Often, dads do not claim the child, so they can voluntarily refuse him. In such situations, it is advisable to act through the guardianship bodies, they will be engaged in an analysis of evidence.

The custody bodies are verified by family circumstances, request the characteristics of educational institutions that children are visited. All learned circumstances are recorded documented and are subsequently used at court meetings.

Parental deprivation procedure

How to deprive the father of the child parental rights and what is needed for this? How to start deprivation of parental rights of the Father?

The process begins to prepare evidence and subsequent presentation of them together with a statement in court at the place of residence of the defendant.

If the basis is the fact of violence or harm to health, initially refer to the police to initiate a criminal case.

It is necessary to fix the crime from the Father with the corresponding protocol. Employees of the Ministry of Internal Affairs can excite the case or refuse to the applicant.

If the applicant considers refusal to be unfounded, you should write a complaint to the prosecutor's office. According to the results of consideration, an indispension is made, which is the basis for the deprivation of the father of rights. Meetings on such cases are held with the participation of guardianship bodies.

The procedure for the procedure is enshrined in Article 70 of the RF IC.

The lawsuit consists of a mother, prosecutor, guardianship authorities. Relatives of the initiators of the process do not have the right, they may apply to state agencies about the claim.

When evasion of father from alimony, the procedure is carried out with the participation of the service of bailiffs. On a malicious defaulter, the case of an administrative violation, transmitting to the court. The decision on the forced payment of Aliments under Article 157 of the Criminal Code will serve as a basis for the deprivation of parental rights.

If the child turned 10 years old, it is required to be familiar with the claim. The child participates in the meeting, his opinion is taken into account when making a decision.

The course of the process depends on the attitude towards the deprivation of the rights of the father himself. With the consent of the man on the procedure, the process will pass on a simplified scheme.

If there is objections, the opponent needs to collect a sufficiently serious package of documents and prepare their own arguments, attract the competent authorities, invite witnesses. All these actions are advisable to carry out, watched by the assistance of a lawyer.

Required documents

The basis for a positive solution is a package of documents proving the defendant's guilt and the founding of the process initiation. Package composition Next:

1. Main group:

  • birth certificate;
  • certificate of dissolution of marriage (or marriage);
  • extract from the house book;
  • receipt for state duty.

2. Evidence. The type of documents depends on the grounds for which the claim is submitted:

  • certificate of non-payment of alimony;
  • certificates and explanations from OU;
  • the consent of the father for deprivation (if any);
  • health certificates;
  • protocols on offenses;
  • acts of guardianship;
  • court decision in a criminal case;
  • testimony of witnesses;
  • explanations of officials.

This list is approximate. The judge may request other documents necessary for the decision on the claim.

Statement of claim

There is no special form of the document, it is drawn up according to the general procedural rules in writing, in accordance with Article 131 of the Code of Civil Procedure.

According to the standard in the document there are points:

  • Name of the court.
  • Applicant data and respondent.
  • Applicant requirements.
  • Based on the claim.
  • Proof of.
  • List of applications.

The application is filed in a person or trustee. You can send to the court address by registered letter with the description and notice.

Options for the development of events

The court session can be held both in the presence of the defendant and without his participation. Each option has its pros and cons:

  • When the Father is at a meeting and actively objects, it will take serious preparation for the process with the considerable mass of own forces. Often, the court does not deprive the parent of paternity, but temporarily restricts him as rights. If for the allocated time, the behavior of the father does not change, the court deprives him of parental rights.
  • In case of failure of the defendant, the hearing is postponed to several times. The process is delayed, but the mother gets additional arguments in its favor. After unsuccessful attempts to contact the defendant, the court takes a positive decision on the claim in his absence.

Particular attention on courts to protect the rights of minors is given to evidence collected by the guardianship. Often it is the opinion of the employees of this organization is decisive in the process.

Therefore, the mother, which decided to initiate the process of imprisonment of parental rights, need to work closely with the guardianship authorities, contact them for help collecting the necessary documents.

If a man did not fulfill duties due to difficult life and illness and present evidence of their presence, deprivation of rights he will avoid. The exceptions are fathers, patients with drug addiction or alcoholism.

Legal consequences of deprivation of parental rights

The deprivation of rights is the cessation of the participation of the father in the life of the child.

Father actually becomes for a minor stranger.

He subsequently cannot count on the recovery of alimony from the grown child, and become his heir.

The child remains the heir, even after the deprivation of the father of rights. The child retains the right to accommodation in the Father's apartment.

A man who previously lived on one territory with a child, at the request of the court can be evicted without providing other premises. Such consequences occur if joint accommodation is recognized as dangerous in physical and psychological plan for a child.

Father's deprived of rights will not be able to adopt another child, no matter how much time after the process has passed.

Six months after the deprivation of the father's right, the child can be adopted by another man.

Alimony when depriving parental rights

The cases of deprivation of the father are often accompanied by the question of recovery from him alimony, their requirement is included in the main claim (Article 70 SK).

Termination of rights does not relieve the father from the duties of the content of a minor.

The size of the alimony depends on the number of children in the family. On one child, 25% of income is charged, for two - 30%, on three and more than 50%. The right to alimony also has a pregnant wife and mother, raising a child up to three years.

The presence of a person's certificate for disability does not exempt it from paying funds.. Alimony accumulates from all types of income, including retirement.

The decision taken earlier, the decree on the recovery of alimony continues its effect, as well as criminal liability for their non-payment.

Many fathers, not wanting to keep the child, bring a certificate of a muster salary, while getting a lot of others. Not confirmed income. As a result, meager sums are paid. The mother has a chance to prove the presence of other revenues from the negligent father. You can apply to the court on the direction of requests for tax authorities, banks, various organizations for information about the real income of the child's father.

Parents are direct defenders, patrons of their children. Throughout life, they give their children love, care and affection, they rejoice in their successes, and they are experiencing failures. However, not always and not all parents fulfill their direct responsibilities related to the content and education of children, thereby losing opportunities to respond their well-being. What can it lead to? And what are the foundations for deprivation of parental rights?

Regulatory legal base

Both international and Russian law guarantees at the legislative level to support the Institute of Family, the equality of both parents in matters of education of children and protect their interests. The fundamental laws are the Constitution of Russia and the Family Code. The deprivation of parental rights in detail, without hidden subtexts, is interpreted in the articles of chapter 12 of the document on family relations.

Factors that can affect the renewal of the judicial procedure

The deprivation of parental rights of the Father, Mother or at the same time both parents is to be an extreme measure, to appoint which only according to the results of the court session when establishing a conscious, dismantling, disrespectful attitude towards children. Moreover, the mother as a defendant is a very rare phenomenon that arises when all the measures taken have not taken to do not have the inverse force, and when it can cause real harm to their child's health.

More often there are cases of consideration of cases on the issue of deprivation (restrictions) of parental rights concerning the father, which in turn has the full right to direct protection, especially with the charges of a purely formal, little than reasonable nature. If, in the case of an obscene, irresponsible way of life associated with the detrimental habits of both parents and violation of ethical standards, the alarm was defeated by guardianship and custody bodies, relatives or neighbors, both parents could lose their rights. It is important to remember that in relation to several adultery of children, simultaneous deprivation of parental rights cannot be implemented. The decision of the court is possible only in concerning one Chad. And it is impossible to deprive the rights in the event of a parent disease, including a mental nature, in which the child is not carried out.

Inconsistent actions in the interests of children are often a consequence of the opening of the case on the deprivation of parental rights. The event is unpleasant, complex both in the procedural and emotional plan, quite long (sometimes it takes 3-4 court sessions and more, not counting the preparatory stage), requires a comprehensive investigation, analysis of conflict, legal knowledge and legal proceedings. This is one of the most complex categories of legal proceedings. A comprehensive list of causes is indicated in the 69th article of a document on family relationships, namely:

  • malicious, long-term evasion of the payment of alimony, evasion of education duties (the most common argument),
  • drinking, drug addiction, confirmed in court, the conclusion of specialized medical institutions (often found grounds),
  • cruel treatment of a child or his mother: rudeness, insults, beating, attempts on sexual inviolability against minor and other (such grounds, although it is often found, but for universal review, the censure is not taken out of the family, as a rule, have a hidden character),
  • criminal offense against a spouse or child (in the presence of a sentence),
  • not a reasonable refusal of the mother in the maternity hospital from his newly born child, the unwillingness to take it from the hospital (only the court has the right to determine, respectful reason for refusal or not),
  • declination of the child to theft, vagrancy, drug addiction, prostitution, begging, drinking alcohol.

There are often cases in which the mother intends to collect documents on the deprivation of parental rights of the father of his child, when she does not live with the former spouse, and another man is brought up as a full-fledged child a child, ready to adopt it (to focus). Often, a real father after the divorce ceases to exercise his father's senses against children, stops communicating with them, but does not refuse them. Or, pursuing the goal to pump the former spouse, he prevents them from the leaving abroad. All these motives are rather personal and to a lesser extent, take into account the interests of the child, the "Delera" of parents for which it is capable of imparting irrelevant damage to his psychological well-being. For the trial, the hostility of the parents of each other, they sometimes unreasonable accusations are secondary. There must be good reasons for the deprivation of parental rights listed by paragraph above. Even one unacceptable education method is enough to resume the trial. It is often possible to meet a whole complex of interconnected with each other: drunkenness of parents, beating, insulting the child, etc. In any case, before handing out a lawsuit in court in order to "cut off a slot", you should think about the possible consequences several times. Weigh.

Who can initiate the question?

If there are indisputable grounds for the deprivation of parental rights, the regulatory legal framework is regulated by filing a claim by a limited circle of persons. To this list should be attributed:

  • one of the parents (mother or father);
  • guardian or trustee;
  • prosecutor;
  • heads of structures created to protect the rights not reaching the majority of kids (guardianship, shelters, orphanages).

The rest of the persons can only initiate the filing of the claim, if necessary, to participate in court as witnesses both from one and on the other hand, but not to personally contact the court. The deprivation of parental rights is carried out with the obligatory participation of bodies dealing with the issues of guardianship and guardianship, as well as the prosecutor. They are directly involved in a lawsuit, their opinion on the feasibility of adopting an affirmative verdict will be taken into account. When considering the case for the court, the interests of the child will play a paramount role. If he has already reached the 10th anniversary, his opinion will be taken into account, and in the absence of the opportunity - he was announced by the representative. In case of detection in the case of signs of a criminal act, the prosecutor will be immediately informed about this fact.

The procedure for depriving parental rights. Where to begin?

Before going with a lawsuit to court, you need to visit the custody and guardianship authorities to explain to them the reasons that served as the impetus to this decision. It is necessary to bring confirmation of the child's birth certificate, marriage, divorce (if any), discharge from the home book and the personal account at the place of registration. The characteristic of the deprivation of parental respondents is required, which is provided to the court in order to describe its negative parties.

First of all, it is necessary to visit a number of organizations (law enforcement agencies, bailiffs, medical institutions) to collect evidence and facts of negative behavior. We will not be able to stock such documents such as the displacement of the removal, testimony, evidence of child beating, court decisions on the recovery of alimony, certificates of debt, drivers to the police, communities, discharge of a narcological dispensary confirming the production and stay of a person in account.

What to provide a court?

To open a judgery, it is necessary to prepare documents for depriving parental rights and any confirmation of the inappropriate behavior of the defendant who can play their role when making a judge decision. The correctness of the preparation of documentation, collecting the evidence base with the involvement of third parties - witnesses - half of the case. The legislatively built "dry" (without emotion) is better to protect the interests of the plaintiff better to entrust the legally savvy professionally, able to operate with all the subtleties and nuances of family law.

Mandatory list of documentation regulates family law. The deprivation of parental rights occurs in the presence of an argued claim submitted to the court asking for such a decision. The lawsuit is brought at the location of the defendant. If, for example, it is unknown, proper education and content they are not carried out, the application can be submitted at the location of the principal, and also in absentia to deprive the rights of the defendant. A child aged 10 years has all the grounds and rights independently to write such a statement on its name. The lawsuit should be set out the essence of the question with bringing the circumstances attached in writing and facts. Be sure to indicate the name, registration and residence, passport data, plaintiff phones. The application must be applied: copies of the birth of the child, marriage and its termination, documents confirming the welfare of the plaintiff, as well as all possible references that are the basis for the deprivation of parental rights.

What can affect the decision of the judicial instance?

When adopting a court of impartial decision, conditions of residence and important quality indicators in the child's education should be checked: how physically developed is physically developed, is the educational organization visits his performance and behavior, the day of the day is made correctly (rational food, rest, fresh air), not Does medical care required? These and many other factors will determine the manifestation of parental care against a child, as far as the psychological contact is established in their relations, communication required for the development of self-consciousness, the inner world of the child. Taking into account the documents characterizing the place of residence (act of examination), the working capacity and the applicant's income, as well as the conclusion of a psychologist (a conversation of a specialist with a child is obligatory) will be prepared and announced in court the opinion of the prosecutor and the guardianship bodies on the merits of the question. The child himself, who reached the 10th anniversary, can at the meeting to voice his position, but the judicial verdict can not coincide with it under the obvious contradiction of the interests of the child.

The claim is satisfied. What does this mean to the defendant?

A satisfactory (positive) decision on the deprivation of parental rights, which has already entered into legal force, is subject to sending within a three-day term to the registry office at the place where the child was born. In fact, it breaks up relatives, contacts, deprives the parent of responsibilities for the educational process of the child. The benefits appointed by the state and benefits are automatically canceled. All decisions to further jointly resolve the child with the parent are decided in court, taking into account the provisions of the Housing Code of Russia. It is categorically excluded the possibility of protecting the rights of the defendant, for example, by hereditary cases, in keeping up with adult children. At the same time, his direct responsibility for the maintenance of the child remains for the parent (payment of alimony), and the child is the right to ownership of movable and immovable property, the right to use living space, the right to receive inheritance and so on.

If deprivation of parental rights occurred, a negligible attitude towards the child was proved, the second parent or the guardianship authorities lies with a difficult, but vital problem to determine the future child. The result should be the formation of a full-fledged member of society. Well, if the child has the opportunity to stay with relatives, grandparents. However, there are often the situation in which the child is sent to the orphanage.

What is a limitation of rights?

Not all things are possible with a positive outcome. Sometimes the applicant may be denied. In the practice of the Supreme Court of Russia, cases were considered in relation to the defendant a usual warning was made without depriving the rights to raise the child, even if there were all grounds for formal signs. The thorough study of each situation individually can reveal the fact that the foundations could arise as a result of a random coincidence.

Also, the decision of the court may impose a restriction in the rights when the child is taken from parents, but no deprivation of rights occurs. The restriction may be reduced, for example, to meetings with a child in the days marked by the second parent. The claimants of the claim in this case can be related to relatives, heads of educational organizations, prosecutor or guardianship authorities. The imposition of restrictions may be associated with a number of reasons for which the child is impossible to find a child with parents. For example, if we are talking about serious diseases, mental disorders, cases under which the foundations for deprivation of parental rights are not fully established, and the child's stay with parents is unacceptable, fraught with consequences. In this case, the child is closed by guardianship authorities for up to 6 months.

After half a year (perhaps before), if the behavior of the parents remains the same, probably deprivation of parental rights. The court decision is made taking into account the position of the prosecutor and the guardianship bodies. Parents are entrusted with the obligation to pay alimony. Regarding the consequences, they are similar to those that occur when the parental rights arise (the absence of the child's education is a parent, receiving benefits, the duty to the content, etc.). When restricted in rights, communication with the parent may be preserved, if there is no harmful effect on Choo, as well as if the guardianship (or guardian, trustees, receiving parents) do not object to these contacts. In the future, having cases of deprivation or restrictions in parental rights, a person can no longer be a guardian, a trustee or adopter.

The claim is satisfied with the court. Is it possible to restore the rights?

If the restriction or deprivation of parental rights happened, practice shows that sometimes they can be restored (except in cases where the child is already adopted). This circumstance is possible at the expiration of six months from the day the decision of the court decision into force. For this, together with the claimant's claim, it is necessary to submit a documentary evidence of changes in the applicant's behavior for the better. The court with the participation of the prosecutor and the guardianship bodies will consider the case on the merits of the issue and may not even just restore in the rights, but also to return the child to parents. If a child over 10 years old, recovery in rights can occur only with his consent, but it has the right to give a refusal.

Can children be transferred to the guardianship authorities without judicial verdict?

The guardianship authorities have the right to pick up children from parents (guardians, trustees) and arrange them temporarily (before the court decision) otherwise, if there are the facts of a rigid violation of the provisions of the Family Code of Russia, the obvious threat to the life and health of the child. A prosecutor is immediately informed about the incident immediately, and an appropriate document of the executive authority of the executive authority of the executive authority of the executive authority was published on the basis of which, on the basis of which at 7 days, the guardianship authority should appeal to the court.