Reasons for depriving father of parental rights. Possible nuances of the process of deprivation of parental rights. What can affect the decision of the court

Last updated February 2019

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

Also, this process applies to persons officially established as the parents of the child, that is, their data is fixed in the birth certificate of the child. A person who has received parental authority, after passing the test to establish paternity, is deprived of them in accordance with the general procedure (to establish paternity by the consent of the person, the norms of paragraph 4 of article 48 of the IC of the Russian Federation are applied, the court establishes paternity based on the norms of article 49 of the IC of the Russian Federation ).

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

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

• Prior to this, all methods were tried to correct the behavior of parents in the direction of improving their relationship and the conditions of the child. Explanatory conversations were held, perhaps the guardianship and guardianship authorities issued a warning, there were conversations with police officers, support and comprehensive assistance were received. But the result of the behavior has not changed;
• Clear and provable fault of the parent.

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

Reason 1: Parents do not fulfill their duties

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

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

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

• it is important to have regular payment evasion
• late payment
• incorrect amount of child support
• creating obstacles to their receipt

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

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

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

Example: If a single mother leaves the child in the department of the maternity hospital, without good reason, while not intending to place him in a family for guardianship or in an appropriate state institution, then this fact is considered grounds for deprivation of parental rights.

Reason 3: Parents abuse their rights

At the heart of this circumstance is the fact of the parent's dominance over the child, his impotence before coercion to commit any action: the use of alcohol, drugs, forced begging or forced prostitution. Practice shows that such pressure from parents on children is systemic and eventually turns into exploitation of the child.

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

Ground 4: Child abuse

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

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

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

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

Between chronic alcoholism and drunkenness, there is a definite difference. 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 basis.

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

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

Restriction of parental rights

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

Deprivation of rights, as well as restriction, applies only to parents. Persons replacing them may not be deprived of parental rights. They go through a different process.

Consequences of deprivation and restriction of parental rights

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

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

What does it take to terminate parental rights?

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

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

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

• The closest relatives of the child or parents: brother or sister, grandmother, grandfather.
• Bodies involved in the protection of children's rights;
• Preschool and educational institutions;
• Institutions of health care and social protection of the population;
• Prosecutor's offices.

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 within a few days. However, carefully read all the questions and answers to the article, if a similar question has a detailed answer, then your question will not be published.

In some cases, the mother has legal grounds to oppose the father and demand the deprivation of his parental rights. How to deprive a father of parental rights, what specific reasons may be, what this procedure looks like and the statement of claim to the court itself is discussed in detail below.

All issues that are related to the grounds and procedure are detailed in the Family Code. Within the meaning of article 47, these rights arise immediately after the birth of a child (or adoption into a family).

At the same time, both father and mother have the same rights and obligations.

Responsibilities are mainly as follows:

• upbringing;
• directly the content (up to the age of majority);
• assistance in obtaining education;
• representation of legitimate interests - for example, in courts, law enforcement agencies, in transactions, etc.

The rights of parents are also extensive:

• they alone can live with the child and at any time can prevent him from communicating with relatives and friends (for example, grandparents, uncles, aunts);
• obtaining any information about learning outcomes (in kindergarten, school);
• obtaining information regarding the health of the child, etc.

There are 2 ways to lose parental rights:

1. The child becomes an adult (from the age of 18) - i.e. fully legally capable. Partial legal capacity occurs 4 years earlier - for example, at 14 years old, a teenager can enter some types of work, drive a bicycle while moving on highways.
2. The rights are terminated in connection with the decision of the court.

Thus, the answer to the question of how to deprive the father of parental rights will be to go to court.

Understand the difference between parental and child support rights. The latter are associated only with the obligatory maintenance of the child, but do not imply direct participation in the upbringing, representation of legitimate interests. At the same time, the obligation to pay alimony in itself does not deprive the father or mother of the right to see and communicate with the child, to influence his upbringing.

Grounds for depriving a father of parental rights

The process takes place exclusively in court. You can start the process:

• any parent;
• state body of guardianship;
• prosecutor;
• the child himself, if he is already 14 years old.

Rights can only be terminated in the most serious cases, which require mandatory proof by all legal means. The grounds are described in Article 69 of the Family Code:

1. Constant avoidance of education, promotion of education, maintenance of children, lack of concern for their physical and psychological condition, health, etc. In particular - the constant evasion of the payment of alimony without any good reason.
2. Parents do not take a newborn child from a medical organization, as well as from other institutions where he is temporarily kept (for example, after being lost by his father or mother).
3. Abuse of the right - i.e. creating unfavorable conditions for the life of children, for example, deliberately obstructing education. Education and development of negative qualities - the desire for theft, prostitution, drinking alcohol, drugs and other pronounced elements of a dysfunctional lifestyle.
4. Cruel methods of communication and education - i.e. physical and/or psychological abuse. An attempt or act against the sexual integrity of a child, any act of a sexual nature.
5. A deliberate crime against a child (regardless of the reasons and circumstances), as well as against a spouse.
6. The presence of diseases in the father or mother, which exclude the possibility of raising a child in prosperous, normal conditions - first of all, we are talking about alcoholism and drug addiction.

In all cases, the party opposing the father must proceed precisely from these grounds, and also understand that in court it is necessary to substantiate their position with relevant evidence.

How deprivation happens: step by step instructions

After the mother decides to deprive her father of parental rights, she goes to the district court (or city), which corresponds to the father's place of residence. If for some reason this place cannot be determined (for example, the spouse is missing), they turn to their district court.

In general, the procedure for depriving a father of parental rights looks like this:

1. First, the mother collects the necessary documentary evidence. First of all, you need to contact the local guardianship authority. Representatives personally come to the house, draw up an act of examining the conditions, identify violations. Any other papers that one way or another characterize the father as a dysfunctional person who adversely affects the child can be attached to the evidence.
2. The mother initiates the procedure and files a claim against the child's father, along with the relevant documents confirming the basis for such a decision.
3. The court considers the case, and the plaintiff, as well as the prosecutor and a representative of the guardianship authority, must be present at the court. The presence of the father is optional; the decision may also be made in absentia, if the court considers that the evidence base is sufficient for deprivation of rights.
4. After a positive decision has been made (if the defendant is not going to appeal against it), the court within 3 working days sends a copy to the registry office, where a corresponding record is made about the father's loss of rights.

How to justify your position

How to deprive a father of parental rights and justify his position? For this, as much evidence as possible should be included. Everything depends on the specific case. For example, in the case of obvious grounds - the father is recognized as a drug addict, is serving a sentence for a serious crime, has committed a criminal act against the mother or child, the deprivation occurs unconditionally, since there is an obvious violation of the rights of the child or mother.

And in situations where, for example, the father prevents the child from traveling abroad as part of a sports team (which can be interpreted as creating obstacles to the development of children) or negatively (from the point of view of the mother) influences the formation of the son’s or daughter’s beliefs, prove the existence of the grounds from the article 69 SC is pretty hard.

In general, we can name the following types of evidence:

1. Any information relating to the commission of unlawful acts by the father - protocols of law enforcement agencies, testimonies of neighbors, references from work, court decisions (if any).
2. Any certificates of a medical nature confirming the presence of serious diseases (alcoholism, drug addiction), excluding the possibility of raising children.
3. Video, audio, photo materials that confirm the fact of ill-treatment of a child and / or mother.

If the situation is ambiguous, then it is better for the mother to seek help from professional lawyers, since otherwise there is a high probability of losing the process.

Statement of claim sample 2019

The standard sample application to the court contains the following information:

1. The “header” indicates not only the full name, address, contact details of the plaintiff and defendant, but also the representative of the guardianship authority and the prosecutor, who always act as parties in such court cases.
2. In the text of the application, the plaintiff briefly describes the grounds for deprivation of parental rights, why the mother decided to oppose the father - the specific circumstances that prompt her to this action.
3. Further, after the word “I ask”, they write down their request point by point. Usually it consists not only in deprivation, but also in the transfer of children for upbringing, as well as the payment of alimony, moral and / or material harm.
4. Applications are indicated at the end - i.e. documents that are attached as evidence to this application (quantity, original or copy), put the date, signature, decoding of the signature (surname, initials).

FAQ

The list of grounds on which the mother can oppose the father and start the procedure for depriving him of parental rights has been exhausted in article 69 of the UK. However, the question of how to deprive a father of parental rights in some individual real situations remains open, the answers to the most common of them are given below.

Deprivation and restriction of rights

There is a difference between these phenomena in terms of legal consequences. Restriction cases are dealt with in exactly the same way, but the grounds for doing so are different. The court may restrict the father's rights in cases where the child's continued stay with him is dangerous for his (child's) life. For example, the father suffers from a mental disorder, another serious illness (excluding alcoholism and drug addiction).

Restriction in rights is not tantamount to deprivation - i.e. although the parent is prohibited from raising a son or daughter, he continues to bear the obligation to support him/her. Even if the father is recognized as disabled (of any group), part of his pension will be withheld in favor of the payment of alimony.

Deprivation and payment of alimony

Parental rights have specific features compared to others (for example, the right to property): even if a deprivation has occurred, this does not mean that he is exempt from the obligation to pay alimony. Also, the child retains separate property rights (use or ownership of part of the apartment, inheritance in the event of an appropriate event).

Restoration of rights

Deprivation of parental rights does not happen forever - i.e. theoretically and practically, a return to the previous state of affairs is possible. It also happens in court. And this time, it will be the duty of the father to prove that he has adjusted his lifestyle and now he will be able to adequately educate and influence his son or daughter well.

Usually, parents are deprived of their rights in relation to children due to significant violations of moral or ethical standards in relation to offspring, or because of the refusal of their upbringing and maintenance. In Russia, there is a tendency to deprive fathers of parental rights - according to statistics, it is dads who often forget about their duties, shifting them onto the shoulders of their mothers.

A mother may demand that the father of her children be deprived of parental rights, not only because the man ignores the needs of his children for financial security and attention. This can also be done in the interests of the child. We will talk about this below: what are the grounds for depriving the father of parental rights, how the procedure goes and whether it can be canceled.

The family institution in our country has a peculiarity - traditionally, mothers take more care of children, and in the event of a divorce of the spouses, the child remains to live with the mother. This state of affairs often leads to the fact that the father is removed from participation in the life of his child, or even completely “forgets” that he is the father.

A woman can protect the interests of her children (their ability to freely travel abroad without enlisting the permission of the father, exemption from paying alimony to the father in the future). Meeting the current and future needs of the child may also be taken into account when depriving the father of his rights.

In addition, a woman may remarry, and the new spouse may wish to adopt her children and give them his last name. In these cases, the deprivation of the parental rights of the biological father is due to the intention to re-create a full-fledged family.

Accordingly, key grounds are highlighted that allow depriving a man of his parental rights in relation to children. These grounds are enshrined in law and are reflected in the 69th and 70th articles of the Family Code of Russia. According to the law, it is the mother (other persons are also possible, we will discuss this below) that initiates legal proceedings on the deprivation of the father’s parental rights by submitting an application that indicates one or more grounds for starting this process. Note that all the grounds are exhaustive and are listed in the code of laws without the possibility of an extended interpretation.

Table 1. On what grounds can a father be deprived of parental rights?

Base	Decryption
Commission of crime	A crime is necessarily a deliberate act that endangers the life and health of children and / or their mother.
Child abuse	This paragraph includes violence, both physical and psychological, including an attempt on the sexual integrity of a child.
Drug and/or alcohol use	This means chronic alcoholism or drug addiction, the diagnosis must have a medical basis and confirmation (diagnosis).
Avoiding Parental Responsibilities	Refusal or ignorance of responsibility for the physical, moral and mental development and health of the child, the need for his upbringing.
Alimony evasion	Systematic refusal of cash payments to the child / children, even after warnings.
Abuse of parental rights	For example, refusal to sign documents allowing the child/children to travel abroad and the like.
Refusal to pick up a child from a public institution	Unwillingness to take the child / children from the maternity hospital, medical institution, social security, and the like.

Accordingly, a man’s parental rights can be shaken if he hits a child (beatings must be recorded by doctors), deliberately left his child in danger (for example, he locked him in a car in hot weather), caused a moral injury to his offspring (confirmed by psychologists). In these and similar cases, it is not at all necessary that the parents are divorced - the current spouse can also be deprived of parental rights. The same applies to non-payment of alimony or abuse of parental rights - the husband and wife may not be divorced at the time of the onset of such grounds.

Procedure for depriving a father of parental rights

A statement of claim to the court, which expresses the requirement to deprive a man of parental rights, can be filed not only by the mother of his children. The letter of the law defines a wider range of persons who have the right to apply for this procedure. Subjects eligible to apply:

1. The mother of the child/children.
2. Trustee / guardian / guardianship and guardianship authorities.
3. Educational representative.
4. Representative of a medical institution.
5. Juvenile Inspector.
6. Prosecutor.

The statement of claim is always submitted in writing, you can register the paper in the judicial authority at the place of residence of the applicant. The application can be handwritten or typed on a computer and then printed out on an A4 sheet.

What is included in the claim?

In general, the document is written in free form, but compliance with certain rules and the inclusion of mandatory items in the application is necessary. There are six blocks of information that must be reflected in the paper (in this case, the defendant is the father who is deprived of his rights, the plaintiff is the applicant):

1. The name and address of the judicial authority to which the document is submitted.
2. Personal information about the applicant: passport details, place of residence, contact details.
3. Data on the defendant in respect of whom the deprivation of rights case is initiated (full name of the father and his place of residence).
4. A list of violations committed by the defendant against the plaintiff, as well as the requirements put forward (in this case, it is the deprivation of parental rights).
5. Grounds for depriving a man of the rights of a parent, as well as evidence of these grounds.
6. List of documents attached to the application (these include both documentary evidence, for example, medical certificates, and mandatory papers).

Note that the attached documents are individual for each case. Depending on what grounds the plaintiff relies on when petitioning to deprive the father of his rights, the package of papers can vary greatly. However, there are general guidelines.

First of all, copies of such documents as the plaintiff's passport, passport or birth certificate of the child, marriage or divorce certificate must be attached to the application. Either photocopies are provided to the court along with the original documents, or only copies, but notarized.

You can also submit to the court a reference from the mother’s place of work, a document certifying the place of residence of the child, a certificate of examination of housing conditions, written documents from an educational, medical or other children's institution, claims for the recovery of alimony. Medical certificates, police protocols and other official papers may be attached as evidence. If a representative of the prosecutor's office or a PDN inspector applies to the court, the application must contain an explanation why the claim is not submitted by a civilian.

How are the grounds for depriving the father of rights in court confirmed?

Let us consider, with examples, some of the grounds that are legally weighty for depriving a father of parental rights.

Table 2. Grounds for deprivation of parental rights

Foundations	Example
More than six months did not communicate with the child	If the father did not take part in the life of his child for more than six months, the question of deprivation of parental rights is raised. Information can be confirmed by witnesses.
Avoided paying child support for more than six months	The materials of the enforcement proceedings, the testimony of the mother and witnesses, fixing that the father does not transfer funds for the maintenance of his children - evidence sufficient to deprive him of his rights.
Preventing the child from visiting other countries, learning	Considered as an abuse of parental rights. Testimony of teachers, coaches, written confirmations can be presented as evidence.
Chronic alcoholism/drug addiction	The proof is a medical report.
Declining a child to alcoholism, theft, prostitution, begging	The testimonies of psychologists, representatives of the police and the inspection of the PDN, as well as the conclusions of the guardianship and guardianship authorities are considered strong evidence.

Important point! Children who are over ten years of age may be invited to court to participate in the survey. The child may be accompanied by a mother or an educational psychologist. The opinion of the minor himself plays a key role in the final decision of the judiciary.

Why is the child being taken to court?

The Civil Law Code of Russia states: a child who has reached the age of ten can already be present at the hearing of a case on depriving his father of parental rights. Children are interviewed by specialists based on their age and development. Here is a sample list of questions that can be asked to the child of the plaintiff:

1. “Do you know why you were invited here?”, “Who told you about this?”;
2. “Did they teach you what you should say in court?”, “Did you rehearse questions and answers with you?”;
3. “Who do you live with now?”, “How does mom feel about you?”, “When did you last see dad?”, “What does mom say about dad?”;
4. “How do you and dad spend time, where do you go?”, “Does dad help you?”, “Does dad buy you some things? Toys? Sweets?”, “What are you and dad talking about?” and the like.

Deprived father of parental rights: consequences

After the judicial authority has issued a decision in which the deprivation of the father of such status is confirmed, his rights to the child, which arose as a result of consanguinity, are lost. Within three days after the decision is made, the relevant information is transferred to the registry office staff, who make an appropriate note in the child's birth certificate or his passport.

Accordingly, a man loses such rights as: the opportunity to ever become a guardian, adoptive parent or guardian of a minor, the opportunity to receive paternity benefits, represent the interests of the child anywhere, as well as the right to communicate, raise and determine the place of residence of the child. Also, a man loses the opportunity to receive alimony and inheritance from children / child.

A father deprived of parental rights cannot live with his offspring in the same living space, if it does not belong to him and is not the only place of residence. At the same time, the father, deprived of parental rights, fully retains his obligations, primarily for the payment of alimony. Children, in turn, do not lose the right to the father's living space and inheritance.

Important point! If another man wants to adopt a child, this procedure can be carried out no earlier than six months from the date of the court decision.

Can parental rights be restored?

Russian legislation does not call the procedure for deprivation of parental rights irreversible. The father has the right to regain the right of a parent, provided that the circumstances or causes that led to such consequences have disappeared.

The parent must independently prove that his behavior has changed, and the grounds that make his paternity impossible have been terminated. For example, a man could recover from alcoholism or drug addiction, find a job, reconsider his views on raising a child. With the appropriate statement of claim and evidence, the father must apply to the court at the place of residence. Testimonies, certificates from the place of work, from a medical institution can serve as an evidence base.

However, even when indisputable evidence is presented, the court takes into account the opinion of the child and his mother, as well as other persons living with the children and participating in their life and upbringing. If the father was an adoptive parent, and then was deprived of this right, it is not restored.

Summarizing

Deprivation of parental rights is a way to legally protect the interests of a minor. The letter of the law implies that both parents have the same duties and rights, but if one of the parents neglects these duties, then he may be deprived of the right to a child. There are plenty of reasons for this - from cruel treatment of a minor to ignoring the fact of his existence. Do not forget that losing parental rights, the father is not exempt from the very duties that he avoids.

Judicial practice in Russia shows that in most cases, preference is given to the interests of the child and his mother, so fathers against whom lawsuits have been filed for deprivation of parental rights are indeed deprived of it. Although the letter of the law allows for the restoration of the rights to communicate with children and participate in their lives, this may not be easy. Therefore, take care of your families and do not forget about the responsible attitude towards children!

Video - Deprivation of parental rights, grounds and consequences

Deprivation of parental rights is an extreme measure to protect the legitimate interests of the child.

Let us consider in what cases parents can be deprived of their rights, whether it is possible to restore the right to raise a child, and also what consequences such a court decision will lead to.

The term "parental rights" is not defined by law, so we are talking about a set of civil rights of a non-property nature, which are specified in the Family Code of the Russian Federation and other acts of family law.

Based on this, we can make an approximate list of basic parental rights:

1. The right to participate in the upbringing of the child. This right is also the responsibility of the parent.
2. The right to choose the name of the child at birth.
3. The right to communicate with the child.
4. The right to dispose of the property of a minor until he acquires legal capacity and exclusively in his interests.
5. The right to receive state assistance for the maintenance of a child, in cases established by law.
6. The right to represent the legitimate interests of the child in court, to act on his behalf in civil, administrative and criminal legal relations.
7. The right to receive alimony from adult children in the event of their own disability.

Obviously, the above list of parental rights is not exhaustive, since family relations give rise to a huge number of various legal relations that create various rights and obligations of parents.

Reasons for deprivation of parental rights of the father and mother

Parental rights are inextricably linked with responsibilities.

In the event that a parent does not fulfill his obligations in relation to the child, it is quite natural that he may also be deprived of parental rights by decision of the judicial authorities.

The reason for the infringement of parental rights may also be the abuse of such rights.

This happens if the parent uses his rights not for the benefit of the child, but against his legitimate interests.

The legislation provides for the following grounds for deciding on or:

1. The parent maliciously and deliberately evades the fulfillment of his family obligations, including -.
2. The parents refused to take the child from the maternity hospital.
3. Facts were recorded that testify to the cruel treatment of the child and (or) infliction of mutilation or other physical damage to him.
4. There are reasons to believe that the parent is abusing his rights, which violates the fundamental rights of the child.
5. The parent is ill with alcoholism, drug addiction, leads an asocial way of life, or has committed an intentional crime against the life, health or sexual integrity of the child or spouse.

List of required documents

Initiate the procedure for deprivation of parental rights by the guardianship and guardianship authority, another of the parents or.

The initiator of deprivation of parental rights may be other relatives of the child.

Given that the procedure is carried out exclusively in court, it is the applicant who must collect and submit to the court all the necessary documents.

Since the grounds for deprivation of parental rights differ from each other, and the documents that the plaintiff needs to collect depend on the specific grounds for deprivation of parental rights.

So, for example, if the basis for the deprivation of parental rights is the commission of a crime against a child by a parent, it is enough to present to the court a sentence that has entered into legal force (in some cases, a decision of the prosecutor or court to terminate the criminal case due to non-rehabilitating circumstances). This document alone will be enough to make a decision, since the fact of the crime was previously established in a different judicial procedure.

The situation is more complicated when it is necessary to prove the existence of circumstances requiring a decision on the deprivation of parental rights in the framework of a trial. So, if the parent, you should present an appropriate certificate from.

In the same case, when the defendant's alcoholism is the reason for the deprivation of parental rights, documents confirming the presence of this disease should be submitted to the court.

This is an extract from a medical card, the availability of information on registration in a specialized dispensary, etc.

The reality is that it is not always possible for the applicant to collect the necessary documents. Some documents are confidential, such as the defendant's health records. Others are difficult to present to the court due to the fact that they are with the defendant. In this case, it is necessary to file a petition for the reclamation of evidence through the court.

It should also be noted that some circumstances (maltreatment, psychological abuse, etc.) are extremely difficult to document. To confirm such facts, witnesses capable of confirming the circumstances set forth in the statement of claim should be summoned for questioning.

Abuse of parental rights

One of the most difficult to prove grounds for deprivation of parental rights is the abuse of their rights by parents.

If, when inflicting damage on a child, it is easy to prove their presence with appropriate documents fixing the presence of damage, then abuse of parental rights is a general concept, where in each case the court decides whether it took place.

For example, every parent has the right to raise a child. However, some methods of education are clearly harmful to the child. So, for example, a parent, imposing an extremist or fascist ideology on a child, may be deprived of parental rights.

Another example of abuse of parental rights is the inadequate education of a child. Of course, each parent has the right to independently determine the forms and methods of raising and educating the child, however, if the result of such training is a serious lag of the minor from the general education program, this may lead to deprivation of parental rights.

Thus, when stating the presence or absence of abuse of parental rights, the court must balance between non-interference in family life and the compliance of the child's development with minimum social requirements and standards.

Effects

Having lost parental rights, such a parent loses almost all opportunities to participate in the upbringing of the child.

A person deprived of parental rights cannot demand a meeting with a minor, and is also deprived of the grounds to apply for alimony from an adult in case of his own disability.

Also, a person deprived of parental rights loses the right to dispose of the property of a minor, as well as the right to represent the interests of the child.

Restriction of parental rights

The procedure for deprivation of parental rights should not be an end in itself.

Despite the abuse of many parents of their rights, very often the child is attached to them.

Considering that the termination of parental rights implies the termination of any contact between the parent and the child, it would be wrong to deprive the child of the right to communicate with his parent.

At the same time, the interests of the child require to be taken away from careless parents.

In this case, the court may decide not to deprive the person of parental rights, but to limit them. Thanks to this decision, the child will not live with such a person, since such cohabitation is dangerous for him, but will be able to communicate with him regularly. also applies in the case when the parent cannot perform his duties for reasons beyond his control, such as chronic illness, disability, temporary disability, etc.

The restriction is a reversible process. As soon as the grounds for restricting parental rights cease to exist, the person whose rights are restricted may apply to the court with a request to restore parental rights.

The legislation of the Russian Federation provides for the rights and obligations of parents. They have the right to raise their children, strive for their development, take care of their emotional and physical condition.

But when the rights of the child are regularly violated, and the actions and inaction of the parents have a negative impact on his interests, the question is raised of depriving the parents of their rights.

The procedure and procedure for deprivation of parental rights is regulated by the articles of the Family Code.

Questions about the deprivation of one or both parents of the rights regarding their children occupy a special place among lawsuits. Since this is one of the most serious categories of family processes.

Consideration of the issue of parental rights requires a competent and careful approach on the part of all persons involved in the case.

The results of consideration of such issues cause legal consequences that affect the lives of not only parents, but also their minor children.

Procedure and grounds for deprivation of parental rights

The procedure for deprivation of parental rights is described in the Family Code of the Russian Federation, as is the list of grounds.

There are only 6 grounds due to which parents can be deprived of their rights, they must be confirmed by irrefutable evidence:

Deprivation of rights is the last way to influence unreliable parents. In accordance with the legislation, which is also relevant in 2019, such issues are considered by district courts.

The claim is filed at the place of residence of the defendant. In the event that a claim for the recovery of alimony is filed at the same time, the case may be initiated at the place of residence of the plaintiff.

But the court will in any case raise the issue of alimony, even if the plaintiff does not make such a demand.

The standard algorithm looks like this:

This is how the deprivation of rights occurs, the procedure is the same for all defendants, regardless of who it is - mother, father, or both at the same time.

But in most cases, in relation to the mother, they often resort to restricting rights so that she can change her mind and correct herself.

The procedure for filing a claim for deprivation of parental rights is established by the Family Code of the Russian Federation. The demand is sent to the court directly at the place of residence of the defendant.

The following documents must be submitted along with the application to the court:

The statement of claim is drawn up according to the rules prescribed by law. It should indicate:

1. The name of the court.
2. Details of the defendant and the applicant.
3. Data on the presence or absence of marital relations, minor children.
4. Grounds for termination of parental rights.
5. A list of circumstances and facts that prove the arguments of the person concerned.

Cases on deprivation of mother's parental rights are considered exclusively by the district court with the participation of the prosecutor, guardianship authorities.

Applicants may be:

• father;
• guardian and trustee;
• prosecutor;
• child protection.

The plaintiff is the child, and the above persons are his representatives. Relatives or caring people can apply for the protection of the rights of the child to the relevant authorities.

The procedure begins with filing a claim at the place of residence of the mother. In the case when the fact of the child's residence with the father is proved, it is possible to apply at their place of residence.

The following circumstances do not affect the consideration of the case:

• the status of a single mother;
• whether the mother is married to the father of the child or divorced;
• underage age of the mother.

The deprivation of the mother's parental rights can occur in favor of the father or relatives, while they are recognized as guardians. If the mother had the status of a loner, the child is taken to an orphanage.

The procedure for depriving a mother of parental rights begins with the collection of evidence. First of all, you should decide on the basis and prepare supporting documents.

If the mother does not take care of the child, you need to contact the guardianship authorities with a request to conduct a check.

They draw up an act and put it on record as a dysfunctional family, if there are grounds for this.

If the mother is in prison, you need to take an extract from the Federal Penitentiary Service. If the basis is a violent crime, a court decision in this criminal case will be required.

In the case when it is necessary to prove ill-treatment, you should contact a medical institution, take a certificate and testimony from doctors

Evidence of violations of children's rights can be:

• certificate of calling the police;
• opinion of psychologists or psychiatrists;
• conclusion of doctors about injuries;
• characteristics of the mother's personality.

In order to start the procedure and file a claim, you must definitely take care of creating an evidence base. Its presence will determine how long the hearing will last.

After all the necessary documents are collected, you can file a lawsuit in which you state all the facts and evidence.

Before submission, a state fee of 300 rubles is paid. The father of the child is exempt from paying the fee.

On these grounds, the consent of the mother in the case is not required.. It has the right to defend its opposite position and to document it.

All the facts presented are considered by the court, checked, and only after that a balanced decision is made.

It should be borne in mind that the only option when a mother can voluntarily waive her rights is to leave the newborn in the maternity hospital by writing an appropriate application.

In all other cases, the mother cannot refuse her duties.

It should be understood that the deprivation of rights, both forced and voluntary refusal, does not release the mother from duties in relation to her child. They arise upon the fact of his birth and last until he comes of age.

Termination of parental rights is a last resort. Therefore, even in the case of substantial grounds, initially the mother can simply restrict her rights and provide a reasonable period for correction.

In the absence of positive dynamics in behavior, the mother is threatened with deprivation of parental rights.

Legislation always operates in the best interests of the child.

Therefore, after deprivation of rights, the mother has the opportunity to change her lifestyle for the better and write an application for the restoration of her rights.

If the child is not adopted, she can go to a meeting.

Once the child reaches the age of majority, restoration of rights is no longer possible.

The procedure for depriving a father of parental rights is used to terminate paternity of his children.

Basically, mothers always take more care of their children, and often this leads to the fact that the father is practically not involved in their upbringing.

Often, fathers themselves ignore the existence of the child, respectively, forget about their duties for its maintenance, development and other assistance.

Specifically for fathers, there are no special grounds for the annulment of their rights in relation to their children, the legislation does not provide.

Since, according to the law of the Russian Federation, the rights of mother and father are recognized as equal in relation to their children. Thus, the grounds for these rights are the same for them.

In order to deprive the father of parental rights, it is necessary to act according to the standard algorithm and provide the court with confirmation of the grounds for depriving parental rights.

It is believed that the father abuses his rights in such cases:

1. Preventing the child from visiting foreign countries. This requires the consent of the other parent. Failure to provide such consent may be considered an abuse of parental rights.
2. An obstacle in learning, inducing a child to steal or prostitute, drink alcohol.

If chronic alcoholism or drug addiction is the basis for depriving the father of parental rights, this must be confirmed by a medical report.

You can raise the issue of deprivation if the father does not pay alimony for more than 6 months, and does not take part in the life of the child without a good reason.

Significance will be evidence, conclusions of inspections of the relevant authorities, materials of enforcement proceedings.

It should be borne in mind that if the child is already 10 years old, he may be called to court for questioning in the case of deprivation of parental rights of his father. In this case, the mother or teacher must be present with the child.

The court takes into account the opinion of the child without fail. He may be asked the following questions:

At the end of the consideration of the case, the court makes a decision, which is evidence of the deprivation of parental rights of the father. The consequences of the procedure are the termination of the rights to the child received at birth.

Deprivation of parental rights is considered a last resort and is rarely used, but sometimes it is the only way to solve the problem and protect the interests of children.

Both mother or father, and one of them can be deprived of parental rights. The grounds for applying such sanctions are the same, since the law recognizes the equal rights of a mother and father in relation to their children.

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