The grounds for the deprivation of parental rights of the Father: Theory and Practice. The grounds for the deprivation of parental rights. Deprivation of parental rights of father or mother through court

18.09.2019

How to deprive the father of parental rights? Unfortunately, such a question often occurs in many families. It is necessary to fight with the arbitrariness of the head of the family of a family of family, but there simply does not exist with another output in the case when life and health (both physical and mental) is threatened by home tyran. The procedure for depriving the rights of one of the parents is characterized by complexity and large number of bureaucratic wires. That is why it is so important to know all aspects and nuances of future litigation. If you do not afford the consultation of a professional lawyer, be sure to check out the advice below.

What should every parent do?

In order for no one to challenge your parental rights and obligations, it is necessary to take care of your child properly. What exactly requires the legislation of the Russian Federation from mothers and fathers in relation to their favorite offspring? The main postulates, as a rule, look like this:

health care;
the development of Chad in the psychological, moral and physical field;
ensuring secondary education;
representation of rights;
protection of interests.

It was initially established that both parents specified in the birth certificate are entitled to equal rights and obligations to raise a baby from the moment of his birth before the onset of the age of majority. This period may be reduced if the child is recognized completely capable before the onset of eighteen (marriage has been taken, it works from 16 years). If the mother of a minor notes that the Father has a negative impact on the state and health of their common offspring, in its task will be to ensure the protection of the interests of the child.

The main reasons to limit the rights of the parent

First of all, it should be noted that to deprive the father of his rights to raise the child is quite difficult, the reasons for such an event should be really serious and not to cause doubts about the judicial instance. Among the most real basis for the positive resolution of such a dispute, the following prerequisites can be distinguished:

regular evasion from paying for alimony to raising a child;
use of parental rights in any mercenary and illegal purposes;
violence of a physical or psychological nature against a minor;
sexual violence against the child;
abuse of alcohol or narcotic drugs;
attempt on the life and health of the second parent;
attempted the life and health of the most minor;
refusal to fulfill direct parental duties;
refusal to pick up a child from the maternity hospital, a medical or educational institution without serious circumstances.

Any foundation for which you plan to count should be confirmed by a corresponding set of documents, only if you can send an official statement to the court. The deprivation of parental rights should be supported by the relevant genuine documents. Otherwise, it will not even be considered. Imagine a detailed list of necessary actions in several specific cases described above.

What if the violence is committed?

How to deprive the parent of parental rights if he raises his hand on the child? Such misconduct from the head of the family, of course, is a very serious basis for the ban on his communication with the baby in the future. To begin, it is recommended to calm down and in the future to take the most suspended decisions, without emotions.

The first institution you need to visit is a hospital or clinic. Medical workers will fix the inflicted beatings and give the appropriate certificate. In addition, the baby will be provided with the necessary assistance, perhaps even a psychological nature.

This document (certificate) must be granted to the police together with the statement of the claim. Having studied the presented papers, law enforcement agencies have the right to refuse you to excitement or, on the contrary, give him a move. In case of disagreement with their decisions, you can always challenge it in higher instances. If responsible persons decide that the crime takes place to be, the investigation begins. Upon completion of the investigative actions, the evidence of the guilt or its absence is transmitted to the judicial instance.

How to act with the reluctance to pay alimony?

The lawsuit on the deprivation of parental rights of the Father can be filed in the event that a man shies away from the duty to contain his child, that is, to pay alimony. Do not forget that the Father must provide a minor sibling, regardless of whether the official marriage is terminated with the baby's mother or not. If within a few months a woman does not receive money for food, clothes and other priority needs, then she has the right to contact the attacks to solve such a question. It should be known that it is quite difficult to prove the fact of non-payment of finance, so it is recommended to be patient. To solve such a question, you will need to prepare the following official documents:

executive list of assignment of recovery;
certificate of debt.

It is also extremely important to find out if the parent does not hide a part of his income, deliberately linking his wages or without issuing labor activities. In this case, the negligent papash will easily be attracted not only to administrative, but also criminal liability, because such actions are classified as legislation as unlawful and criminal.

How to act if the parent has detrimental habits?

Drug addiction and alcoholism - the real scourge of our time, every year more and more people are immersed in the bunch of fearless habits, forgetting about their real life and responsibilities in it. A person living in the sake of alcohol or drugs cannot give a report to his actions and absolutely definitely cannot educate minor children. In this case, deprivation of parental rights of parents (parent) will be carried out on the basis of medical documents and certificates from the place of work or study with negative characteristics confirming the presence of detrimental habits.

Instruction: How to act?

Before you contact the package of documents to court, do not forget to visit, they will ask you a list of securities that should be submitted. Among other things, the staff will most likely conduct a check and appreciate the housing conditions at the place of residence of both the Father and the child. For children, over 10 years old, it is possible to express his own opinions about the desire or unwillingness of joint finding with the parent.

The next stage is the submission of documents and applications to the court. During the hearing of the case with the provided data, not only the judge will get acquainted, but also all the same guardians. The decision on the further fate of the rights of the Father will be taken collectively listed above the participants in the process.

Approximate list of necessary documents for judicial instance

What is needed to initiate deprivation of parental rights? The grounds are defined, it is time to take care of both documents supporting them. Since decisions of such a plan are accepted only in the judicial instance, it is precisely the necessary list of papers. It should be noted that in some cases it can be expanded. The basic kit includes documents such as:

an application for the deprivation of parental rights from a certain person (this may be a mother or guardian mother);
photocopy of the main documents (applicant passports, the birth certificate of a minor);
official conclusion from a psychologist's doctor based on the results of communication with the child;
documents that are confirmed by the fact of evasion or improper fulfillment of duties;
characteristic from the place of study or the applicant's work, describing it from a positive side;
applicant income certificate confirming its financial stability;
help at the place of study of the child, as well as the characteristics of its behavioral characteristics and level of knowledge perception;
the document containing data on the housing and living conditions of all participants in the judicial dispute (father, mother, child, guardian, if any);
help from the place of registration of the applicant.

Possible nuances of the process of deprivation of parental rights

Now you know how to deprive the father of parental rights. In addition, it is necessary to know certain basic information that will help you much easier to nuances in the nuances of the case. First of all, pay attention to the fact that the applicant may appear on the above issue. Initiate deprivation or restriction of parental rights of the Father may:

mother of a child;
legal guardian / representative;
prosecutor;
guardianship and guardianship authorities.

It is also extremely important to know that while the court considers the case, the parent still has to pay alimony for the content of his child or children. If a positive decision was made by the highest authority, and the Father lost the court, he was necessarily deprived of all rights and privileges, he could not qualify for benefits, cash benefits related to the presence of a child from him, as well as in the future to demand from a financial content .

At the same time, the Father will continue to contain a minor until he reaches eighteen years old or will not be recognized as possible. If desired, the parent can agree on the transfer of alimony to the Consumer Account / Daughter in the Bank in the judicial instance. As for the child himself, he does not lose the right to reside the parents of the parent, and also has the right to apply inheritance left by him or his closest relatives.

Do not deprive, but limit!

In some cases, restriction of parental rights is allowed. It also produces exclusively by the court decision on the basis of sufficiently good reasons confirmed by evidence and facts. The prerequisite for making a similar solution may be the risk to the health (physical and mental) child, while being close to one of the parents (in this case, the Father).

Pay attention to the fact that the question in question is different from such a procedure as deprivation of parental rights. Restrictions are usually not so significant as in the first case. The main difference of such a penalties is that the Father is granted a trial for six months. If for the specified period, the parent will not change his behavior, he will be deprived of his rights towards the child finally. The initiator of the process of rights may be the second parent (mother), guardian or legal representative, prosecutor or guardianship officer. The restriction of rights applies only to personal communication of the father and the child, but does not exempt the first from financial obligations.

How deprivation of parental rights is carried out. Application application

Let's talk about how the statement should look like (the claim) about the deprivation of parental rights. The document can be conditionally divided into three parts: the header, general text and conclusion with the enumeration of the supplied references.

The first section should contain information about which the instance paper serves from whom who is the defendant, and who is a third party.

The main text contains information about the rights, responsibilities and possible violations, that is, with what tasks the father of the child does not cope, which illegal actions he makes.

In the end, it is necessary to express your request, as well as list the list of documents acting as evidence.

Below you can see how the statement looks like, or rather, its typical sample.

Detention of parental rights can be achieved only by applying a lot of efforts, in particular, by collecting all the necessary documents and competently issuing a claim. The advice of a professional lawyer will be useful for you, because only a specialist knows the smallest nuances and details. If you take into account all the details in advance, it will help reduce bureaucratic rolls and speed up the process.

Is it possible to return your rights?

How is the recovery in parental rights and is it possible at all? There are several basic recommendations, the observance of which will help you to become an exemplary parent. The main of them are reduced to:

restoration of positive social status;
improving living conditions;
availability of permanent operation;
satisfactory financial condition;
elimination of the cause of restriction or deprivation of parental rights.

Parental rights recovery is also strictly through court. It is very important to apply to the instance in a timely manner, because after half a year the child from the orphanage can be adopted, and subsequently not to transfer to former parents. Of course, such information is relevant only if the plaintiff is the guardian body, not a mother. Try to collect as much as possible documentary confirmations of the correction of the past negative situation.

It is important not only to know how to deprive the father of parental rights, but what can lead such a extreme measure. Remember: separating dad and kid only in the rarest, exceptional cases. Such intervention can adversely affect the psychological state of the child and cause serious harm in the future. Try to first visit the psychologist. Perhaps professional help will help you solve problems that have arisen and prevent significant deterioration of the existing situation.

The deprivation of someone from the parents of the child's rights is extremely unpleasant. Especially when it comes to the mother. Contrary to the emerging opinion that only alcoholics, drug addicts and defaulters of alimony can be deprived of parental rights, practice shows the opposite.

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In fact, the grounds for the termination of related links between the mother and the child are much more. Their full list is represented in the Russian Federation.

What it is

Mother's deprivation of parental rights is a legal procedure aimed at reducing the parent from the process of child education. In fact, this is the legal cessation of related links between them.

The deprivation of parental rights is a very harsh measure applied to the mother, which disrespectfully fulfilling its duties towards children.

As a rule, it is used only in the most extreme cases when there is no problem of solving the problem. For example, when there is a serious threat to the life and health of a minor.

If the court still decided to deprive the mother of the possibility of realizing his rights and obligations as a parent, then from the moment of his entry into force, it loses them indefinitely.

The priority goal of this procedure is to restore the normal life of the child, the protection of his rights and health.

The loss of the mother's rights in respect of a minor does not mean at all that, together with this, its responsibilities are also stopped. On the contrary, it must still provide their child (Family Code of the Russian Federation).

Basis

The current legislation in the General and Family Code of the Russian Federation, in particular, the rights and obligations of the mother and father regarding the child are not separated. The reasons for the deprivation of these rights are not different.

For both parents, they are general and dictated by the Family Code of the Russian Federation. The list of foundations is closed, its expansion or deprivation of rights on other grounds is not allowed.

By the launch of the legal mechanism regarding the parental may be:

1. Evasion from the implementation of parental functions and responsibilities	Mother neglects the health of the child, does not take action to its timely examination and treatment, evades participation in the educational process, does not create conditions for their education, does not contribute to the moral and mental development
2. Leaving the child in a maternity hospital or other medical institution, in kindergarten, other organization without valid causes	Most often it happens immediately after birth, when the newly friendly parent refuses to take the baby from the maternity hospital. But there are cases of leaving children and in other institutions, including not medical
1. Parental abuse	The woman inclines his child to begging or an occupation of prostitution, makes drinking alcohol and narcotic substances and encourages it, prevents visiting school lessons or in a foreign educational institution
2. Cruel treatment of child, violence of physical or mental nature, encroachment on his sexual immunity;	Education with the use of beatings, actions against a child who degradating his honor and dignity, adversely affecting his psychological state and other unacceptable actions by the mother
3. Disease of chronic alcohol or drug addiction;	Confirmation of the disease is the conclusion from a medical institution. A woman suffering from any addiction cannot have a child of proper care and upbringing, and sometimes at all presents a serious threat to him.
4. Intentional crime against the life or child health or husband.	Intentional application of bodily harm to a child or spouse, or an attempt to kill someone from them (or both)

In practice, mothers are much less likely to deprive parental rights than fathers. The judges go on it only when there are really irrefutable evidence and confirming its unfair attitude towards their maternal duties.

Some of the listed items are quite ambiguous. For example, the abuse of parental rights to the child.

A situation is possible when a minor lives with his father, and they want to go abroad together, or the parent decided to send a child to the vacation outside the country.

Mother may not give permission for this, and then the trip will not take place. In fact, its actions can be viewed precisely as abuse of rights to the child. Nevertheless, hardly the court on the basis of this will deprive her parental rights.

The same applies to evasion from parental duties and non-participation in the child's education.

This fact also needs to be confirmed by specific facts. In addition, before applying to the court, the second parent should attempt to improve the situation.

For example, if a child is on the guardianship of his father, and his mother does not see him and evade the payment of alimony, then the parent must:

offer a former wife to meet with a child;
take attempts to keep her search (if it is hidden);
to contact the bailiffs to search for and recover from it to alimony debt.

Only after that it makes sense to try to deprive the mother of parental rights. If there was no action to change the situation for the better, the court is unlikely to go to this extreme measure.

Otherwise, the situation with the alcoholism of the mother, narcotic dependence and cruel appeal.

But here the court does not always immediately go to radical actions. Sometimes a woman is given the opportunity to correct. At this time, it is only limited to the rights of the child.

Required documents

In order for the court to deprive the mother of rights to a child, it is enough to prove at least one of the paragraphs of article 69 of the RF IC.

If the initiators are relatives of a minor, then they need to apply to the statement of guardianship and guardianship authorities or to the institution engaged in the protection of children's rights.

There, the appeal should be considered for a three-day period and take a certain decision. Based on it, the case is transferred to the court. Or it can be assigned a certain period for monitoring the situation in the family.

If the father's father adds to the court, he first need to prepare the necessary package of documents:

If the parents of the child were officially married, then you need to provide a certificate of registration (or termination);
Certificate of the birth of a child;
The conclusions obtained in the bid guardianship body of each of the parents (or the act of surveys of the residential premises, where the child will have to live);
The characteristic of the mother from the place of work (it is desirable to provide both the characteristic on the Father);
Certificates about the income of both parents;
Medical conclusion confirming the alcoholism of a woman or its addiction to drugs;
Testimony of neighbors, kindergarten educators, teachers from school, where a child is learning, characterizing the parent with a negative side;
Medical conclusion, testifying to harm the health of a child or his father;
The conclusion of the guardianship or departments for minors about the identity of the mother and its qualities as a parent;
Help from the police confirming the causation of harm or threat of a child's life and a second parent from the mother.

In each case, the list of documents can shrink or expand. But even the provision of a complete package of documentary evidence cannot guarantee the deprivation of its female rights to the child (Resolution of the Plenum of the Supreme Court of the Russian Federation dated 05/27/1998 "On the application by the courts of legislation in resolving disputes related to the education of children").

In what cases can not be deprived of parental rights

There are situations when a mother can not be deprived of parental rights. For example, when there are no significant grounds for it or there is no irrefutable confirmation of the non-fulfillment of parental duties.

In addition, the court must first find out the causes of the current state of affairs. After all, the behavior of a woman may be a consequence of severe life circumstances or other reasons, absolutely independent of its will.

For example, it may be sick by a severe illness or to suffer a mental disorder.

In this case, it does not have the opportunity to practice the upbringing of his child. But no one will be deprived of it for this right.

But even if it is established that a woman has a disability group, it is not exempt from the duty to secure the child. In this case, the alimony will be charged with disability pensions.

Limit rights

In cases where the mother does not lose their parental rights, but she has a threat to his physical and psychological health, the court limits the parents to him.

This forced measure is regulated by the Family Code of the Russian Federation. Speaking on the protection of the interests of a minor, the judge may decide on the mailing of the child from the parent.

Its close relatives, father, prosecutor, representatives of the guardianship, other organizations listed in the Family Code of the Russian Federation can apply for the restriction of rights to the child.

Most often it is necessary when the child threatens the danger from the mother for reasons, it does not depend on it. These include:

mental disorder,
chronic illness,
heavy life situation or coincidence.

Also, the restriction of the rights of the mother is applied as a result of its inappropriate behavior, which is dangerous for a minor, but there are no weighty grounds for imprisonment.

If, during the six months, its behavior will not change, the guardianship authorities are obliged to apply for its removal from the education of the child and participate in his life.

The restriction of parental rights for the mother means a ban on its participation in the education of the child. As well as the cessation of various benefits, the right to which occurs when the birth of children.

But this does not exclude her duties on the payment of alimony. In contrast to the deprivation of parental rights, the restrictive measure is temporary and can be removed in the event of a parental correction.

But the time of the restriction of the mother as a parent, the child will live with his father or other relative.

If there is no such possibility, it is transmitted by the guardianship and guardianship to temporary education and content.

The judicial bodies, guided by the norms of the Family Code, stand on the side of the child, regardless of the situation and the situation in the family.

With all the necessary reasons and real threats for a minor face, a woman can be deprived of parental rights.

But in the process of this procedure it is important to remember what role the mother play in the child's life, and act exclusively in his interests.

Video: deprivation of parental rights (mother threw the child in the entrance)

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The state in various ways is to protect the rights of its citizens. Therefore, if any serious conflicts occur for various reasons between one of the parents and the child, or parents are possible.

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But for this there must be any serious grounds, deprivation is carried out only by the district court.

Is there any possibility

Parents have many duties towards their children on the basis of legislation in the Russian Federation.

The main document guided by the courts and other bodies when clarifying any complex moments is.

At the same time, it is possible to deprive one of the parents of the child's rights. You can carry out this operation in two ways:

in the presence of grounds designated in legislation;
if the parent will give up his child's right to child.

It is important to remember that in the absence of rights to a child from the parent, many commitments are removed. But at the same time, the parent itself will also not have the right to demand the fulfillment of duties from its Chad - pay alimony when disability.

It happens that after divorce the unclean Fathers:

do not take any participation in the upbringing;
in material assistance refuse;
do not show interest with children.

Also, the law provides for deprivation of rights in the presence of various asocial qualities at the Father. The most detailed moment is covered in the Family Code of the Russian Federation.

At the same time, deprive the parental rights of the Father or even the mother can be:

in the process of divorce;
after termination of marriage.

There are some exceptional cases when the father of parental rights is simply impossible:

when the age of the child is over 18 years;
if the child is incapacitated - even if he has already reached the age of majority.

The above-mentioned situations have a rather serious logical justification. Since when achieving the majority of parent's commitment in relation to the child is removed.

If Chado is incapacitated, he needs a constant supervision, material support. And to force it to render deprived parental rights, even judicial means is impossible - such a parent does not carry any obligations towards his child.

What grounds should be

The most detailed foundations for the deprivation of parental rights of the Father or the mother are indicated in Art. No. 69 of the RF IC.

This list includes the following:

if malicious evasion is present - there must be a documentary justification, verbal testimony is not enough;
if the parent refuses to take his child from the maternity branch or a different institution of a medical type, a kindergarten and at the same time there are no major reasons for this - the current moment is disclosed in the most detail in federal laws:
- dated 24.04.08;
- from 11/25/13
established the fact of abuse of parental rights;
there is a place of ill-treatment of children, violence of various types:
- psychological;
- physical;
- half integrity attempt;
the parent is an alcoholic or drug addict;
a deliberate crime was accomplished, aimed at damage to the health of her husband, the most child.

If there are no negotiated reasons, then deprive the parental parental is possible only if it has its consent to this legally important effect. Otherwise, the implementation of the procedure is simply impossible.

Required documents

To deprive parental rights, it is necessary to have a whole package of pre-prepared documents.

The main list includes:

child's birth certificate - This document contains all the necessary details, and is also a confirmation of the relationship with it (if the evidence is lost, it is possible to restore through the registry office);
certificate of paternity - is required in the case of a child's birth outside of marriage, issued by the registry office;
Every hour is a single housing document, he confirms the fact of living a child with the second parent (issued in ERC, ZHEK, DEZ and others);
the receipt for the payment of a mandatory state duty - on the basis of the Tax Code of the Russian Federation (the amount of duty is indexed annually, in 2013 its value was 200 rubles);
confirming the applicant's income documents -;
any other documents confirming the size of the monthly income obtained;
all sorts of written evidence of the presence of a serious reason for the deprivation of parental rights;
court decision to refuse to deprive parental rights - if earlier was already the appeal to the court on this issue;
executive list for the recovery of alimony;
certificates from educational institutions;
certificates from medical institutions.

Depending on the various circumstances, the following must be attached to the required document package:

a copy of the claim;
power of Attorney to another person, if the child's interests are not a parent;
documents - reason for the requirement of deprivation of parental rights.

The basis for the provision of documents under consideration is Code of Civil Procedure of the Russian Federation. The most important document in the indicated list is the statement of claim.

All requirements for it are referred to in the Code of Civil Procedure of the Russian Federation. The application under consideration must necessarily contain all the important circumstances of the case - a list of violations of the rights of a child or other.

It is very important to provide a court confirmation of the grounds for the deprivation of parental rights of the Father. Most simple to do this in the presence of diseases such as alcoholism or drug addiction.

As a confirmation in this case, a certificate may be a certificate from a drug treatment dispensary about registration.

At the same time, the following documents by the court as a basis are not accepted:

extract from the medical history;
a doctor's note.

If the parent has accomplished the crime and on this basis, the spouse wants to deprive his parental rights, it will be necessary to provide the appropriate sentence.

It does not matter whether a crime was achieved in respect of which child or parent. It does not matter what kind of child is in relation to which parental rights deprive or other. Similarly, things are concluded.

Under the crime of this type, the following actions are meant:

the application of heavy injections;
beatings;
murder.

The psychological factor is also taken into account. At the same time, deprive the parent of rights on the basis of the abuse of parental rights is rather difficult.

So how to document this fact simply will not work. But even if there are documents, deprivation is difficult to determine - judicial practice says.

Father's parental deprivation procedure after divorce

The procedure of deprivation of parental rights is designated in the current legislation in the territory of the Russian Federation. It is necessary to strictly observe it, otherwise the court decision may be challenged.

Performed in the following order:

all necessary documents are submitted to the court;
consideration of the case;
within 30 days, the decision comes into force.

During the entire period above, the parent deprived of the right can appeal the decision. At the same time, the rights to the child remain for him for the entire period of re-consideration of the case.

If the decision is not subject to the final and appeal, an appropriate extract is sent to the registry office that binds employees to make appropriate changes to the act of civil status.

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.

What is meant to deprive the father of the child parental rights?

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.

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:

the name of the court in which the application is submitted;
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;
the name of the defendant, his place of residence;
what is the violation of the rights and or legitimate interests of the plaintiff and its requirements;
the circumstances on which the plaintiff basses its requirements and evidence confirming these circumstances;
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.

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.

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.

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.

It is possible not to deprive the father of the child of 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.

Is any responsibility for violation of the court decision 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).

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 .

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 recovery in 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.

The most serious punishment of parents for the bad appeal with their child or non-fulfillment of their parental duties deprivation of their rights in relation to child / children. This is an extreme measure and a list of reasons for this - closed. Why can the parent deprive the child? Is it possible to restore your parental rights, what is needed for this? What are the founding of the deprivation of the rights of the Father or Mother? Let's try to figure out:

Bases of deprivation of parental rights of the Father

The Family Code presents equal rights to a child that on mom, that on the dad - paragraph 1 of Art. 61 SC RF. And also requires equal. For the failure to fulfill its parental duties or abuses, the state may have a parent and the most serious punishment is the rupture of communication with the child - deprivation of parental rights.

For what can be deprived of the Father:

for non-payment of alimony without valid reason;
for unwillingness to fulfill their parental responsibilities: unwillingness to communicate, see, raise, etc.;
for alcoholism or drug addiction;
for violence, including sexually related children / child;
for violence over his wife;
for bullying, including psychological chad;
for coercion by an asocial lifestyle;
for committing children or their mother (his spouse) crime.

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

Rights of the deprivation of parental rights

Family Code does not distinguish any particular reasons for imprisonment of her rights to a child. This confirms the position of the legislator that parents have equal rights and carry equal responsibilities to the child. That is, for which the father is removed from the child, for both the mother, namely - art. 69 SC RF:

evade the exercise of his rights: it does not want to spend his time with the child, leaves without a valid reason for the care of grandparents (at best) or, in general, outsiders, does not attend a children's clinic, does not lead a child to school, when due to age He can't do it himself, etc.;
does not take his child from the hospital, hospital of a children's camp, kindergarten (without a good reason), etc., in other words, threw a child;
he hits his child, forces to classes with begging, prostitution, other illegal acts, makes acts of violence over their child both sexual and psychological;
is a drug addict or alcoholic;
it is found guilty of committing a grave crime against its children (one child) or a spouse. Here it is necessary to explain: the crime does not necessarily be completely against the child who are going to take away: a woman can crush, kill another child, but her parental rights will be deprived of all.

The deprivation of parental rights of the mother is always stress, and, first of all, for children. It is known that the love of a child to his mother is definitely, and they always justify the actions of their mom, whatever they are not cruel. The court takes into account this fact, so it is possible to deprive the mother of parental rights only if there are really very significant circumstances.

The procedure for depriving parental rights

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

If the claim is served as a prosecutor, then in the lawsuit itself should be a substantiation.

The defendant or respondents on such affairs are always parents. The guardianship and guardianship authority gives its conclusion on the court on the feasibility of applying an extreme measure, if the court with the opinion of the "guardianship" does not agree, then the decision must necessarily motivate it.

After accepting the claim for consideration, the court informs the second parent if he lives separately about his right to file a lawsuit on the transfer of the child to him. Thereby defend the rights of the second parent.

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

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

If the parent is deprived of the right, then they remain the duties, therefore, in one trial, the question of recovery from the parent of the alimony to the content of the child is paragraph 2 of Art. 71 of the RF IC.

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

Required documents

To each case of deprivation of rights, the court is suitable individually, so each time a package of documents can be different, we indicate only possible documents that the court may request:

Claim for the deprivation of parental rights.
Documents confirming the identity of the plaintiff, the defendant, child: passports, birth certificate.
Certificate of divorce, marriage, paternity.
Extracts from the house book.
Extracts from the personal account (where the alimony should come).
Certificate of trial.
Medical Documents: Drug Enterprise Help, PsychodsPancer
Help on the amount of debt on alimony.
The decision of the court for the recovery of alimony.

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

Restoration of parental rights

The deprivation of parental rights is an indefinite act, but not indisputable, and this means that a negligent parent, if suddenly changed his lifestyle, behavior, attitude and so on can claim to restore legal ties with its chad.

Art. 72 SC of the Russian Federation does not clarify the term after which, deprived of the right to file a claim (namely, the court is endowed with the authority to be denied rights, so they return them) to restore their parental rights, but it is assumed that not earlier than 6 months, since personal recovery or A person's change is the process of long and overnight mom or dad can not become perfect if they have deprived them of parental rights: they must undergo a course of treatment with a narcologist, if a child has been deprived of a child due to addiction to alcohol / drugs, a course of psychological assistance will be arranged to work, etc ..

Before turning to court to the parent, deprived of rights, it is necessary to obtain the conclusion of the guardianship and guardianship authority that he was corrected, and his housing was prepared for the normal life of the child. In addition to the gift of the written conclusion, the representative of the guardianship body and the guardianship will confirm its words and in court.

P. 2 Art. 72 SC RF indicates that, in addition to the mandatory presence of the representative of the guardianship, the prosecutor should participate in the process, which is due to the special importance of the situation where increased control over the legality of the decision.

Nuances:

The restoration of parental rights can be carried out until the age of majority, and if the child is an adult, that is, reached 10 years of age, the court will definitely ask his opinions: whether he wants mom or dad to communicate with him again.
It is impossible to restore parental rights against an already adopted child - paragraph 4 of Art. 72 SC RF.

Together with the claim for restoring devoid rights, the parent can file a lawsuit on the return of the child to him, but if the first lawsuit satisfies the court, it does not mean that it will be satisfied and the second. If the guardianship does not give a positive conclusion about the housing conditions of the parent, applying to a joint life with the child, then the child will not give him, he will live, either in the orphanage (in a similar institution) or at the guardian, or at the second parent, but Restored in the Rights will be allowed to participate in the life of his child: to meet, communicate, etc.

After the recovery of the parent in the rights, the court sends a copy of his decision to the registry office and the parent can end the administrative part of the recovery of parental rights.

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

Very often divorced spouses make their children hostages their offensive to each other. Moms or her relatives are attempting to deprive the former parental spouse in relation to common children, but one desire for the court is little.

The Krasnoarmeysky District Court filed a statement from the plaintiff O. to the father of his niece in .. In the claim, the applicant pointed out that after the divorce with her sister E. 5 years ago, both parents threw her daughter, leaving her to her upbringing her - native aunt. For several years, none of them was interested in the life of his daughter. Her sister E. Already deprived of the parental rights and the plaintiff required the deprivation of rights and his father, for the subsequent design of the guardianship over the niece, since she was not her children. The plaintiff in the statement referred to the fact of non-payment of alimony to his daughter V. and complete non-participation in her life.

The defendant V. presented the court of receipt of bank transfer, where, at the base of payment, it was stated that the translations are paid alimony. The amounts of transfers were insignificant, but were equal to the official earnings of the defendant. In addition, the defendant petitioned about the call of witnesses - common acquaintances and friends who in court confirmed that every summer V. came to his parents living in one populated point with his daughter, and took her to himself, and the plaintiff did not object. Witnesses did not confirm the accusations of O. that V. did not participate in his daughter's life. The court took into account the testimony of witnesses, as well as the fact of conscientious payment of alimony obligations and in a lawsuit on the deprivation of parental rights O. refused.