Only the decision of the court plays a legitimate role in the matter. In a situation in which the mother and father or both of them do not fulfill their duties, namely, they refuse or do not fully engage in child education, as well as situations in which the behavior of parents endangers children's health or life, the deprivation of the rights of such kind becomes a necessary measure. In this case, this procedure is mandatory. Such an issue must be considered exclusively by the court.

Parents have a great responsibility

First of all, when deciding the issue of deprivation of rights as parents, a clear clarification of the question of what such rights are. Thanks to this, in the future, it will be easier to understand the procedure itself, and the reasons and results of deprivation of parental rights. But, despite these subtleties, this moment in the life of all children always bears a sad connotation and causes some stress.

A certain group of the main rights and obligations of the father and mother in relation to children is considered parental rights. Both dad and mom have equal parenting qualities. They are obliged to take care of and be responsible for a calm and dignified life for their children until the time the child turns 18.

As a rule, reaching the age of majority is the main reason for the termination of parental rights. However, there are several points that can significantly speed up such a procedure. For example, a child got married or married before his majority, or received full legal capacity before the age of eighteen.

In the period starting from the time of the birth of the child and until the child turns eighteen years old, the mother and father are obliged to fully provide for their own children, in all ways to contribute to the correct psychological and physical growth of the child. In addition, parents should help children learn to correctly understand their place in adult life.

This is required so that, at the time of adulthood, the child is fully prepared for such a new era in his life. Sometimes there are situations when a child, due to his illness, various mental abnormalities, or is not able to manage his life with his own hand. In such moments, mom and dad have a duty, which is that even after the child comes of age, they continue to take care of the child.

When they were deprived of their rights as parents, the mother and father, from that moment on, are not obliged to take care of their own child. During this period, they are not involved in child education.

The further place of residence of the child will be determined only by the court. Almost always, the child is referred either to a medical treatment or social institution.

There are also situations when children whose parents are deprived of their rights are placed under guardianship. Parents then have the opportunity to occasionally learn about the life of their children. However, if this information about the child's life can cause any harm to the child's health, then the parents are denied information about the child's life.

Reasons resulting in deprivation of parental rights

Physical bullying as a reason for deprivation of parental rights

Articles 69 and 70 of the Family Code of the Russian Federation regulate the area of ​​life associated with the fact of deprivation of parental rights. The described procedure, concerning the deprivation of the rights of the parents of the mother or father, can be started at the request of the following persons:

• Mom or Dad has the right to initiate the other parent and demand that he be deprived of his parent's rights.
• Individuals who are endowed with a status that gives them the right to replace their parents.
• Persons who are representatives of the guardianship and guardianship authorities.
• Prosecutor's office.
• Organizations Dealing with Children's Rights

The process of deprivation of parental rights takes place exclusively in the courtroom. In this case, the presence of employees of the prosecutor's office, as well as employees of the guardianship authorities, is always necessary. There is a specific list of reasons why parents are always deprived of their rights in relation to a minor. These include the following:

1. In cases where the father or mother, or both parents shirk their own responsibilities related to caring for children, and are not yet engaged in child upbringing, do not support their children in material terms, do not pay child support, then the court decides to deprive them of parental rights.
2. In a situation in which a child is left by his own parents or in a medical institution where he was treated within a clearly defined period, this is a weighty reason for depriving his parents of their rights. However, if adults provide compelling reasons for their wrongdoing or prove that they were unable to pick up the child for compelling reasons, then this may serve as grounds for reconsidering such a decision.
3. In the case when the spouses by their actions pose a real threat to the health of the child, then the deprivation of parental rights is not stipulated. The court deprives such would-be parents of their rights in relation to the child.
4. In a situation where the mother and father deliberately committed a crime or caused harm to children's health or harm to the health of their other half, this also serves as a reason for depriving the described rights.
5. If the parents are alcoholics or drug addicts, then they must be deprived of their parental rights.

In addition to a good reason for filing a lawsuit regarding deprivation of parental rights, other reasons can be noted. This may be a situation in which either the mother or the father is not involved in any way in raising the child or in his life. For example, dad does not live with his child, evades paying for him for more than 6 months, etc.

There must always be significant and important reasons for deciding to deny parental rights.

Grounds for deprivation of parental rights in relation to the mother of the child

Sometimes you can't do without representatives of the authorities ...

The reasons why the mother is deprived of her rights regarding the child are almost all of the above reasons. But there are some peculiarities in this situation.

Naturally, every baby loves his mother very much and parting with her is a great tragedy for the child. Undoubtedly, for every normal and decent mother, separation from a child is sad in nature and a certain pain.

The issue of deprivation of parental rights in jurisprudence is always associated with many factors. Therefore, in order to bring this issue to its logical conclusion, it is required to attract a qualified specialist in this area. In this regard, the court deprives a woman of these rights in a situation when:

• Mom avoids fulfilling the responsibilities assigned to her related to upbringing for a long time, does not take care of the baby, does not engage in child education and prevents the child from gaining knowledge.
• The mother leaves her newborn child in the maternity ward or in the hospital where he was treated. In this situation, the person is deprived of parental rights unconditionally! When the baby was born, the mother sometimes writes a disclaimer for her child and thereby relieves herself of all responsibility for his future life. Then the deprivation of the rights of the parents is carried out automatically without imposition.
• Children are used by the mother for her various selfish purposes. for example, a mother might force a child to beg on the street. Undoubtedly, such actions will badly affect the very little one and can lead to a violation of his psyche or even health.
• The child suffers from a violent attitude towards him from his mother. It can even be sexual abuse and violence. Situations have been recorded in which a child, under the duress of his own mother, is forced to have sexual contact with strangers. What was the motive for such a maternal act remains a mystery, however, the child always ultimately after such moments receives severe psychological trauma and needs protection.
• The mother is a drug addict or alcoholic. For this reason, she can cause danger to her child, since female alcoholism is known to be incurable and develops at a very high rate. Therefore, in order to save and protect a baby living with such a mother, it is urgently required to deprive this woman of her rights. It is worth remembering that in such a situation, the mother still retains the right in the future, if she gets rid of her own harmful inclinations, to return to her child and restore the rights to him.

Main list of documents

Children are taken away by relatives, or they are registered in orphanages

The provision of a certain list of documents to the courts, the testimony of witnesses and the perpetrators themselves are grounds for depriving parents of their rights regarding the baby.

Depending on the situation, a different list of documentary evidence may be required. However, there are certain documents, without which not a single case concerning the described problem is considered.

The most important document is the claim filed by the plaintiff. It must be drawn up in writing and consist of the name of the plaintiff, as well as the defendant, and their place of residence. In addition, it is mandatory to indicate the name of the court in which it is planned to consider this issue.

Such a claim requires a clear statement of the main essence of the problem, the reasons that became the reason for the court appeal, and also the claim must provide evidence of parental guilt. A number of additional documents should be attached to the statement of claim. The plaintiff is obliged to sign his claim with his own hand, or the plaintiff's representative may sign it instead. You also need to attach paid receipts to the claim.

Quite often, an important role in the consideration of these cases in court is played by written confirmation concerning the inappropriate behavior of parents towards a minor. Also, a certain role is played by those attached to the case, about parental divorce or about marriage. In addition to all of the above, the plaintiff can attach to the case various written evidence in the form of certificates, which he can take from medical institutions, police, etc.

To deprive the father of parental rights will need similar grounds as for the mother. Before making a judgment, the court is required to check and evaluate the entire evidence base provided. In addition, you need to carefully find out and study the existing motives that influenced the mother or father regarding, as well as the reasons why the spouses refused to raise their own child.

If mom or dad is seriously ill and, as a result, is not able to engage in child upbringing, then such parents are not deprived of their rights regarding children, because this is the main reason that justifies their behavior. Alcoholism or drug addiction should not be attributed to this reason, these ailments are one of the main reasons for depriving such parents of their rights.

Results of deprivation of parental rights

In case of deprivation of parental rights, parents do not have the right to interfere in the life of their children.

In cases in which parents are deprived of their rights, mom and dad during this period, in addition to the above rights, are also deprived of any kind of communication with their child. From the period of the judgment, they can no longer raise the baby or be present in any other way in the life of the baby.

In theory, such deprivation is a well-deserved punishment for this kind of fathers and mothers. Quite often, these parents remember the existence of their children only when they run out of money for a living. In this situation, they begin to ask for help from their own children and constantly recall the blood ties between them. Naturally, children who were abandoned by their parents in the past do not owe them anything.

Undoubtedly, the issuance of a court decision regarding the deprivation of the rights of parents has a negative impact on the child himself. After all, from that moment in his life, striking changes of various kinds take place. Therefore, it is worthwhile to surround such unfortunate babies with additional and care. Unhappy children, due to the circumstances that have happened, are faced with the fact that their entry into adulthood occurs much earlier than their peers.

Referring to the law, deprived of their rights as parents, a man and a woman in the future have the right to restore previously lost parental rights. For such a restoration to take place, parents are obliged to radically change their lives for the better and then file a claim in court, providing all the documents required for this.

Restriction of parental rights is one of the varieties of deprivation of parental rights

Children sometimes become victims of their mothers ...

If there are fairly compelling reasons, then the court can make a decision in which it will only be about restricting such rights. In this situation, the interests of the baby himself are in the first place. At its core, the restriction of such rights is that from now on the child lives separately from the mother and father.

Sometimes the reason for this may even be such grounds that do not depend on the father or mother himself. It can be a mental illness, as a result, he can harm children's health or life against his will. For the purpose of their rehabilitation, parents, whose rights are limited, are obliged to try hard so that in the future the court will restore them to these rights.

Typically, after six months, a re-hearing is held at which the restriction can be lifted. During these months, these children live under the care of guardianship bodies. These can be baby homes, orphanages, etc. When the court considers that the parent is incapable of harming his child, it issues permission for periodic meetings between the child and the parent.

At its core, the entire procedure for deprivation of parental rights is very complex. This requires the collection of a solid evidence base. When considering such a case, the judge must not lose sight of all the available moments of such a situation. It is necessary to interview all witnesses and carefully examine the documentary evidence provided.

When the plaintiff or the defendant considers himself to be completely right, then in order to prove his innocence, he will need the help of a qualified lawyer. The court is obliged to make its decision solely taking into account the main interests of children. When the baby loves the mother and is close to her in comfort, and she, in turn, takes care of the child as best she can, the court cannot deprive such a person of her rights. Such an act in this situation will be directed against the child himself.

An expert lawyer's opinion:

The possession of parental rights for many people is the main meaning and content of their own lives. This is especially noticeable when raising a child only by a mother. The law contains an exhaustive list of circumstances in which the deprivation of rights occurs. But, such deprivation does not always relieve parents of their responsibilities.

The court can oblige parents (negligent mother) to pay child support. Life still confirms that the majority of parents abuse their rights in relation to their children upon reaching the age of 18. In theory and in principle, such abuse is a violation of the Constitution and laws of the Russian Federation. It would seem that an innocent prohibition for an 18-year-old girl to go to a nightclub after 11 pm does not bode well. But how to look at it. After all, full legal capacity has already come, and no one has the right to restrict it otherwise than provided by law.

Parents do not know a lot about this. By such actions, they take care of the welfare of their children. At least they think so. But this is not the case. Coercive measures are illegal, they traumatize the human psyche, and prevent the personality from developing. This cannot be done even at an earlier age of children. Therefore, the merit of the parents is that the upbringing of children should take place in a recommendatory environment, with the use of persuasive measures.

Coercion is possible only by creating such situations in which a growing or already grown child chooses a reasonable decision himself. And it will be right for him. But the situation must be created reasonably.

The video material will acquaint you with the grounds and procedure for deprivation of parental rights:

If you still managed to deprive the father of parental rights in relation to your child, then you need to keep in mind what the final consequences will take place in this situation.

To begin with, I would like to say that a father who has been deprived of parental rights is deprived of absolutely all rights and privileges in relation to the child. But let's break it down in more detail.

The most basic and elementary thing is that the father is no longer officially recognized as a close person to your child. And, therefore, he automatically cannot participate in the upbringing of the child. He has no right to communicate with his child. No longer has the right to take care of his health, his training, education, and generally does not even have the slightest influence on his offspring.

A father, deprived of parental rights, can no longer be the legal representative of his child, does not have the right to defend his interests, both before the court and before other persons.

The law directly stipulates that if a parent is disabled and in need of money, then the children are obliged to provide them financially. If the children do not do this voluntarily, then the father can demand payment of the sum of money through the court. A father who has been deprived of parental rights has no right to demand such payments from children. Those. the child will not be obliged to help his ex-father.

In the event of the death of the child, the father is deprived of the right to inherit any property from his deceased child. The various benefits and allowances that were paid to the father on a monthly basis for childcare will no longer be provided to him either.

It is known that if a child has not reached the age of 18 and wants to make any major purchase (for example, the acquisition of real estate), then this transaction must be made with parental consent, and in writing, but because the father is deprived of parental rights, his consent is not required.

If both parents are deprived of parental rights, then such consent can be provided by the guardian or adoptive parent, as well as the guardianship authority, or the institution in which the minor is brought up.

All children have the right to dispose of their income at their own discretion without parental consent. But if suddenly a child spends all his money on gambling, alcohol abuse, drugs and the like, then the parent has the right to restrict the child's right to dispose of his money. Naturally, a father deprived of parental rights does not even have such a right, and this, despite the fact that he wants to do what is best for his child.

It is important! But the child in no way loses his rights in relation to his father, that is, he has the right to receive alimony in full from his former father. The child also remains the testator, and in the event of the death of the father, the child will receive his share of the inheritance left without any hindrance.

It so happens that a father, deprived of parental rights, still tries to negatively influence his child in various ways, thereby causing him any harm, then additional measures of responsibility will be applied to the father.

It is important! In the future, the father will never be able to become a guardian, trustee, or adoptive parent in relation to any child whom he would like to take into foster care.

What's next?

The point is that if the father is deprived of parental rights, then the child accordingly remains with the mother. But if the mother is also deprived of parental rights or, for other objective reasons, cannot carry out the upbringing of her child, then the child is sent for upbringing to the guardianship and guardianship authorities.

The child can also be adopted by another family. In this case, the consent of the former father is not required. And if the child is adopted, then it is completely impossible to return him to himself in any situation.

It is important! But if the child was not adopted by anyone, and everything also, for example, lives with the mother, then you can restore your parental rights.

You can restore your rights only after 6 months from the moment you were deprived of these rights. And only in relation to a child who has not yet reached the age of majority. It is no longer possible to restore your parental rights in relation to an adult child.

How can parental rights be restored?

To restore rights, you must file a claim with the court. This application can only be submitted by those who have been deprived of these rights. The respondent in this case will be the one who is currently raising the child. This can be the mother of the child, guardian, guardianship and guardianship authority.

In order for the court to restore your rights, you must prove that you have corrected, changed your behavior, attitude towards raising a child, underwent treatment or radically changed your lifestyle, because of which you were deprived of these rights. When considering this case, you can use any evidence, both written and oral.

But even if you have corrected yourself, this does not mean that the court will restore you to your rights, because here the opinion of the mother of the child, as well as those who live with him, are taken into account.

It is important! And if the child has reached the age of 10, then his opinion will already be taken into account, with which the court is obliged to agree in any situation. If the child is against the father raising him again, then no evidence about the change in you and your life will help. Your claim will simply not be satisfied.

The court can partially restore these rights. That is, he kind of restores them, but at the same time refuses the father to return the child to himself. Thus, allowing him to only meet and maintain communication with his child.

In practice, the court restores parental rights in quite rare cases. Therefore, so that you do not have to face such a situation, do everything possible so that you not only could not be deprived of parental rights, but not even reproached for raising your child. After all, it is important for all children that they grow up and be brought up in a full-fledged and prosperous family. Since this also affects his future future.

Careless fathers are not uncommon in family practice.

Therefore, the mother is often forced to make a decision to deprive the father of parental rights, which can only be done through a court, with good reason.

It is not common for mothers raising children without a father to file a lawsuit.

Many women believe that all the fuss associated with this procedure is pointless.

They continue to engage in the upbringing and maintenance of minors alone, without remembering the existence of their father.

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

• In old age or with the onset of disability, receive alimony from your grown child.
• Become the heir to the first priority.
• To impose a ban on the departure of a minor abroad.
• Communicate freely with the child, which often turns into serious psychological problems.

Grounds for deprivation of parental rights

Why can a father be deprived of parental rights? The list is fixed in the RF IC (Article 69):

• Dodging responsibilities.
• Abuse of rights.
• Cruel treatment.
• Physical or psychological abuse against a child.
• Refusal to pick up the child from a specialized state institution.
• A crime that harmed the health of a child or mother.
• All forms of addiction.

The existence of facts is proven by documentary evidence and testimony. The absence of material support can be proved only if the mother filed documents for alimony and does not receive them for 6 months or more.

Addiction is the hardest thing to prove, especially when separated. Often, dads do not pretend to be a child, so they can voluntarily abandon him. In such situations, it is advisable to act through the guardianship authorities, they will analyze the evidence.

The guardianship authorities carry out checks on family circumstances, inquire about the characteristics of the educational institution that children attend. All the circumstances studied are documented and used subsequently at court sessions.

The procedure for deprivation of parental rights

How to deprive the child's father of parental rights and what is needed for this? How to start depriving a father of parental rights?

The process begins with the preparation of evidence and their subsequent presentation together with an application to the court at the place of residence of the defendant.

If the reason is the fact of violence or harm to health, they initially contact the police to initiate a criminal case.

It is necessary to record the crime on the part of the father with the appropriate protocol. Interior Ministry officials can initiate a case or deny the applicant.

If the applicant considers the refusal to be unfounded, a complaint should be filed with the prosecutor's office. Based on the results of the consideration, a conviction is issued, which is the basis for depriving the father of his rights. Meetings on such cases are held with the participation of the guardianship authorities.

The procedure for carrying out the procedure is enshrined in article 70 of the RF IC.

The lawsuit is filed by the mother, the prosecutor, the guardianship authorities. Relatives do not have the right to initiate the process, they can petition government agencies to file a claim.

When the father evades alimony, the procedure is carried out with the participation of the bailiff service. An administrative violation case is brought up against a malicious defaulter, which is referred to the court. The decision on the compulsory payment of alimony under Article 157 of the Criminal Code of the Russian Federation will serve as the basis for deprivation of parental rights.

If the child is 10 years old, he or she needs to be familiarized with the claim. The child participates in the meeting, his opinion is taken into account when making a decision.

Directly the course of the process depends on the attitude towards the deprivation of the rights of the father himself. If the man agrees to the procedure, the process will take place according to a simplified scheme.

If there are objections, the opponent needs to collect a fairly serious package of documents and prepare his own arguments, involve the competent authorities, and invite witnesses. It is advisable to carry out all these actions with the help of a lawyer.

Required documents

The basis for a positive decision is a package of documents proving the defendant's guilt and serving as the basis for initiating the process. The package is as follows:

1. Main group:

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

2. Evidence base. The type of documents depends on the grounds on which the claim is filed:

• certificate of non-payment of alimony;
• certificates and explanations from the OU;
• the father's consent to deprivation (if any);
• health certificates;
• offense reports;
• acts of guardianship authorities;
• a court decision in a criminal case;
• testimony of witnesses;
• explanations of officials.

This list is indicative only. The judge may request other documents necessary for making a decision on the claim.

Statement of claim

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

According to the standard, the document contains points:

• Name of the court.
• Applicant's and Defendant's data.
• Applicant's requirements.
• Grounds for the claim.
• Proof.
• List of applications.

The application must be submitted personally or by an authorized person. It is possible to send it to the address of the court by registered mail with an inventory and notification.

Options for the development of events

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

• When the father comes to the meeting and actively objects, it will take serious preparation for the process with the expenditure of a lot of his own strength. Often, the court does not deprive the parent of paternity, but temporarily restricts his rights. If during the allotted time the father's behavior does not change, the court deprives him of his parental rights completely.
• If the defendant fails to appear, the hearing is postponed up to several times. The process is delayed, but the mother receives additional arguments in her favor. After unsuccessful attempts to contact the defendant, the court makes a positive decision on the claim in his absence.

Special attention in the courts for the protection of the rights of minors is given to the evidence collected by the guardianship authorities. Often it is the opinion of the employees of this organization that is decisive in the process.

Therefore, a mother who decides to initiate the process of depriving her father of parental rights must closely cooperate with the guardianship authorities, turn to them for help in collecting the necessary documents.

If a man did not fulfill his duties due to difficult life circumstances and illness and provides evidence of their existence, he will avoid deprivation of rights. Fathers with drug addiction or alcoholism are an exception.

Legal consequences of deprivation of parental rights

Deprivation of rights - termination of the father's participation in the child's life.

The father actually becomes a stranger for the minor.

He subsequently cannot count on collecting alimony from a grown child, and become his heir.

The child remains the heir, even after the father's rights are deprived. The child retains the right to live in the father's apartment.

A man who previously lived in the same territory with a child, at the request of the court, can be evicted without providing other premises. Such consequences occur if cohabitation is recognized as physically and psychologically dangerous for the child.

A father who has been deprived of his rights cannot subsequently adopt another child, no matter how much time has passed after the process.

Six months after the father is deprived of his rights, the child can be adopted by another man.

Alimony in case of deprivation of parental rights

Cases of depriving the father of his rights are often accompanied by the question of recovering alimony from him, their claim is included in the main claim (Article 70 of the SK).

Termination of rights does not relieve the father of the obligation to support the minor.

The amount of alimony depends on the number of children in the family. One child is charged 25% of the income, for two - 30%, for three or more 50%. A pregnant wife and a mother raising a child up to three years of age also have the right to alimony.

The father's disability certificate does not exempt him from paying funds... Alimony is levied on all types of income, including pension.

The previously adopted decision on the recovery of alimony continues to operate, as well as criminal liability for non-payment.

Many fathers, not wanting to support a child, bring a certificate of a penny salary, while receiving a lot of others. Unverified income. As a result, scanty amounts are paid. The mother has a chance to prove that the negligent father has other incomes. You can petition the court to send requests to tax authorities, banks, various organizations to obtain information about the real income of the child's father.

The forced need to deprive a person of parental rights is not at all uncommon. It happens that even children born in mutual love suddenly become a burden for one of the parents. More often for a dad, it is not surprising that a woman who is forced to raise a child alone begins to seriously think about how to deprive her father of parental rights and forget about him forever. A bad father runs the risk of losing parental rights over children under the age of 18.

Claims against the father to initiate proceedings

Groundlessly demanding in court to deprive a parent (father) of his rights will not succeed. For this, there must be grounds, with a full list of which can be found in the UK:

• failure to fulfill duties (the father does not participate in caring for a minor, does not educate, does not seek to provide normal living conditions);
• evasion of alimony payments;
• refusal to take a baby from a maternity hospital, hospital, orphanage, or other similar institutions (there is no good reason for this);
• abuse of parental rights;
• cruelty, violence (physical, psychological), sexual harassment;
• dependence on alcohol, drugs;
• intentional criminal acts that threaten the life (health) of the child / spouse.

to the table of contents

Initiation of a claim against the father in court

Deprivation of parental rights is an exceptional measure with serious legal consequences. Former spouses would be better off agreeing peacefully about what role each of them will play in the fate of their joint children. But since the situation is dead-end, the only thought is ripening in my head: where to start depriving the father of parental rights and what are the next steps.

to the table of contents

Preparation of the necessary documents

The court will decide on which of the above points will be found guilty of the father. The plaintiff needs to collect a maximum of certificates confirming his position and take care of the testimony of witnesses - in specific circumstances, the documents will be different each time. However, there is also a standard set:

• statement of claim + copies for both parties (submitted to the court at the place of residence of the defendant);
• two certificates - about the birth of a child, about divorce (with copies);
• a certificate of family composition (if you prove that the minor lives with you);
• receipt of payment of state duty.

First of all, you need to think about what to state in the statement. It must formulate the reason - from the observance of which parental duties the defendant evades, what is abnormal in his behavior and relationship with the child, etc. In addition to what has been said, it is desirable to describe in detail the circumstances, refer to the facts.

And how can the father of a child be deprived of parental rights if it is not known where the man is currently staying? But here, too, there is a way out - prepare a claim for filing in court at his last known registration address or at the location of his property.

to the table of contents

What to expect from a court decision

The judge has the right to request the provision of any required documents. In the course of the proceedings, the defendant will most likely oppose the charges put forward on your part and give his own counterarguments. As a result, a compromise may occur: despite the fact that your lawyer has accumulated a bunch of compromising evidence and assured that he knows how to deprive the child's father of parental rights, the judge will issue a verdict on the restriction, but not completely deprive him of his rights.

Attach a support request to your statement of claim. Even if you fundamentally refuse material support, the court is obliged to consider this issue in the interests of the child. And do not be surprised if a man easily accepts the loss of rights to his son or daughter.

For example, he knows that the ex-wife is aiming at a new marriage, and her chosen one is ready for adoption and taking care of someone else's child. However, in such cases, it is better to negotiate the situation in advance so that unexpected surprises do not surface right in court. By mutual agreement, the procedure for deprivation of paternal rights is much easier.

to the table of contents

Legal consequences for a father who has lost his rights

If you express the essence in one phrase, then the father and the child from some moment lose their family connection, cease to be related people. The legal consequences for the father are as follows:

• will not be able to receive alimony assistance from a child when he grows up (in case of incapacity), since adult children are not obliged to delve into the problems of their former parents;
• will lose the opportunity to have state benefits (allowances) due to families with children;
• will not be able to influence the choice of the child's place of residence, to be deprived of the opportunity to meet with him, to be involved in his life, to participate in upbringing;
• will lose the right to property inheritance upon the death of the child.

At the consultation with a lawyer, women ask how it is possible to deprive their father of parental rights, but they are not very interested in the further development of events. Do they know that a man who has lost his paternal rights, according to the law, will forever part with the opportunity to adopt, be a guardian or foster parent?

The obligation to pay alimony for him remains until the child reaches the age of majority. If the children are registered on the father's living space, they retain the right to this property, as well as have the right to inherit his property.

to the table of contents

Some useful nuances

Russian laws make it possible to speed up the procedure for deprivation of paternity as much as possible, but the father always has a chance to regain the rights to the child and become a parent again.

to the table of contents

Simplified procedure for deprivation of father's rights

Above, a method of forcible influence on a person who does not fulfill his father's mission is described. The process of depriving the father of his rights is greatly simplified if he himself has no objections to this. Given this fact, the father must contact the guardianship / guardianship authority at the place of residence of the child, which, without tedious proceedings, will write a positive opinion for presentation to the court.

Children don't need a drinking father

If a man is ashamed to go to the guardianship service, avoiding questions of a private nature, that is, another option is to visit a notary and notarize the waiver of paternity. The document received in your hands should be presented to the court.

A father who agrees to be deprived of his rights can pay for the services of a lawyer who will represent him in court, so as not to come in person to court hearings.

The case will be completed as soon as possible, and the plaintiff (the mother of the child) will not have to puzzle over how to deprive the father of the rights to the child, collecting various arguments and evidence.

to the table of contents

Who else can initiate

Deprivation of parental rights is a complex process that takes time and effort. Most often, the activity comes from the mother, and it is not so important who the children are with - it is possible that with the dad. If indisputable evidence is presented of how the paternal influence adversely affects the child (physical condition, health, moral well-being), the guardianship authorities have the right to take him away from the father immediately - before the case is brought to court.

The difficult question of the parental rights of a father is sometimes destined for children when they reach adolescence. From the age of 14, a son or daughter can bring a lawsuit against a negligent parent. Let's say a teenager with his mother wants to go abroad to study, but the father is against it and does not give permission to leave.

The circle of persons with the right to demand that the father be deprived of his rights is quite wide:

• guardianship authorities, institutions (boarding schools, children's homes, orphanages) that control dysfunctional families;
• guardians, adoptive parents;
• juvenile inspector, prosecutor.

Both parents are equally important

to the table of contents

Chances to regain parental rights

A disenfranchised father may try to restore them through the courts. In two cases, his actions are hopeless - if the child is legally adopted and if he has already become an adult. The court examines the initial circumstances to establish whether there are changes for the better.

The point of view of the other parent or other persons responsible for the child is taken into account. Refusal to restore rights is a reason to analyze what still needs to be done in terms of correction. After a year, you can try again.

Anyone who is worried about how to deprive a family of their father's rights is advised to individually consult with a qualified lawyer. There are no two absolutely identical situations, and the statement of claim must be drawn up correctly.

Zharov Anton Alekseevich, lawyer, specialist in family placement of children, teacher of the School for adoptive parents of the CF "Family"

I would like to thank the head of the School of Foster Parents of the Family Charitable Foundation Alexei Rudov for his help in preparing this publication.

Dear Parents!

I was asked to make this brochure by the employees of the guardianship authorities of the city of Moscow in order to explain in a simple and understandable language to you, who decided to take up the deprivation of parental rights of the second parent of the child, what awaits you, and how exactly the process will take place. This brochure was most likely given to you by an employee of the guardianship authority so that you can get all the information at once, and not ask him again (alas, and so busy beyond all measure) several times.

In 2010, at the request of the Department of Family and Youth Policy, several manuals I wrote were already published, designed to help both guardianship officials and parents cope with some legal problems on their own. But over the past three years, alas, they have not been reprinted.

In this small booklet you will find the latest legislation on the issue of deprivation of parental rights, an approximate list of necessary documents, as well as an approximate procedure for action in this situation.

Of course, going to court without the help of a lawyer is like self-medication: for some, even the advice of a pharmacist helps, while others will have to spend a lot of time on “retreatment” later - but still the idea that such deprivation of parental rights is worth having. Assess your strengths, consult with the staff of your guardianship authority, and, if you decide, go. I hope my book will help you.

Yours sincerely,

attorney Anton Zharov

Deprivation of parental rights

Deprivation of parental rights is, of course, a very unpleasant business. The own father (and more and more often, the own mother, or even both parents) are removed from the upbringing of their own child, abandoning him to the mercy of fate. A common misconception is that only an alcoholic or drug addict parent who has not paid child support for many years can be deprived of parental rights. This opinion leads to the fact that they are not trying to deprive parental rights even of those who, for example, have not seen their child at all for a decade. And what, not a drug addict, not an alcoholic ... And the parents themselves, who shied away from raising their own children, also feel calm: if I pay at least 100 rubles in alimony (some literally pay!) - that's it, there should be no complaints against me.

There is also the opposite opinion. The child is six months old, a month ago, the parents stopped living together. “Deprive him of parental rights!” The mother demands.

The truth is, of course, somewhere in the middle between these two positions.

What the law says. Firstly, only the court is not obliged to deprive parental rights "may". And this means that if you start this whole process, you need to be ready for several months of a certain legal struggle.

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

Thirdly, you need to be very clear about why you (and your child) need to deprive the parental rights of the other parent. What are you planning to gain from this?

Let's start with the consequences of deprivation of parental rights. First of all, a parent deprived of parental rights loses the right to raise his child, has no right to see him, to be interested in his successes and problems in school, kindergarten or polyclinic. In addition, the person deprived of parental rights loses the opportunity to allow or prohibit something to the child. First of all, this applies to permits and prohibitions related to traveling abroad, as well as when seeking medical help.

The person deprived of parental rights will not inherit the child (if this happens, God forbid). But the child will inherit the property of the parent who has been deprived of parental rights. In addition, the obligation to pay alimony does not in any way depend on the deprivation of parental rights: the “disenfranchised” continue to pay them in any case.

It should be noted that, despite the fact that a parent may be deprived of parental rights, his relatives (for example, the child's grandparents) do not lose their rights based on kinship with the child. But their implementation is a separate issue that will not be considered here.

Another important consequence of the deprivation of parental rights: the child can be subsequently (6 months after the date of the court decision on deprivation of parental rights) adopted by the spouse of the remaining parent.

When raising the issue of deprivation of parental rights before the court, it is necessary to understand that this issue is considered by the court according to the rules of action, which means that the circumstances that you refer to in justifying your request for deprivation of parental rights must be proven to the court by documents, explanations, and witness statements , photographs and any other evidence (an indicative list of documents is given below).

What needs to be proved to the court? Justify the grounds that may serve to deprive of parental rights. A complete list of them is indicated in Art. 69 of the Family Code of the Russian Federation (extracts from it are in the corresponding section).

First, about the "simple" reasons. This is the notorious drug addiction and alcoholism. Proof in this case can only be a certificate from the relevant drug treatment clinic that the parent who is deprived of parental rights is registered there as a drug addict or alcohol addict. A simple certificate from a doctor or an extract from a medical history cannot serve as exhaustive evidence for deprivation of parental rights on this basis. However, it is very likely that drug addiction itself or alcoholism itself is not the only reason for deprivation of parental rights in this particular case.

A parent may be deprived of parental rights if he has committed a crime against the life or health of his spouse or children. The law does not restrict which spouse the crime was committed against (perhaps not against the parent of the child in respect of whom he is deprived of parental rights), or against which child (not necessarily the one in respect of whom he is deprived of parental rights). In order to justify the deprivation of parental rights on this basis, it is necessary to submit to the court a court verdict that has entered into legal force, in which the parent's guilt in the relevant crime (beatings, bodily harm, etc., up to murder) will be established.

A separate ground for deprivation of parental rights is parental abuse of a child, including an attempt on the child's sexual integrity, physical or mental violence. It should be noted that in this case, as a rule, we are talking about the commission of a criminal offense, and a court verdict against the parent is appropriate as evidence. However, there are cases when it is possible to prove the existence of ill-treatment in a civil process, however, this presents some difficulty: in a criminal case, evidence is collected by an investigator, an interrogator is a representative of the state, and in a civil procedure, evidence will have to be obtained by yourself. As practice shows, on this basis, parental rights are most often deprived of children who are left without parental care at all, and both parents are deprived at once.

It is highly unlikely that the second parent of your child will be deprived of parental rights on the grounds that he (or she) refuses “without good reason to take his child from a maternity hospital (department) or from another medical institution, educational institution, social welfare institution or similar organizations ". Most likely, your child is at home, and this reason does not apply in your case.

Another reason for deprivation of parental rights is when parents "abuse their parental rights." What is meant. This is a parent's behavior that, based on parental rights, leads to negative consequences for the child. For example, a parent can (and this kind of "revenge" on the ex-spouse is quite common) prevent the child from going abroad on vacation, "take" documents from the school where the child studied and transfer him to another without motivation, the parent can deny the child medical assistance ( sometimes parents motivate this with religious beliefs), in the end, the parent can prevent the child from communicating with the second parent, taking advantage of the fact that the child lives with him. All of the above situations, and any other situations of the use of parental rights to the detriment of the child, can be presented to the court as grounds for considering the issue of deprivation of parental rights. It should be noted that deprivation of parental rights on this basis is a rather rare occurrence. This is due to the difficulty of proving these circumstances. But if there are other grounds for deprivation of parental rights, it will not be superfluous to add data on abuse of parental rights (even with "weak" evidence, such as the explanations of the second parent) to the claim.

The largest number of deprivations of parental rights occurs on the grounds provided for in paragraph two of Article 69 of the IC RF. This is the case when parents "evade the fulfillment of the duties of the parents, including in the case of malicious evasion of the payment of alimony."

It is a common mistake to believe that if a parent does not evade paying alimony (or evades, but not "maliciously"), then it is impossible to deprive him of parental rights. I have heard this interpretation of the law even from prosecutors. However, literally the law does not indicate that the evasion of payment of alimony is a mandatory element for deprivation of parental rights. Of course not.

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

It is much more correct to look at the entire list of parental responsibilities stipulated by the law (first of all - Articles 63, 64 and 65 of the RF IC) and assess how this parent fulfills them. Whether she brings up her child, whether she participates in their education, whether she cares about her health - all this is important. And, of course, whether he pays money (alimony) for the maintenance of his child. If most (if not all) parental responsibilities are not fulfilled by the parent, this is a reason to think about deprivation of parental rights.

When resolving the issue of depriving one of the parents of parental rights, the court is obliged to verify that the second parent can raise the child in proper conditions, therefore, the court will need to submit documents on their income (that the child has something to feed), and also be ready to give explanations on this question.

Cases of deprivation of parental rights are considered with the obligatory participation of a representative of the guardianship authority (both the one where you live with the child and the one where the second parent lives) and the prosecutor. In order to give an opinion on your case, the guardianship authority will definitely visit your home and, possibly, talk with the child (guardianship officials call this “to conduct an act of examination of living conditions).

After going to court, do not forget to transfer to the guardianship authority a copy of your claim, the documents attached to the claim, and also agree at what time an employee of the guardianship authority will visit you to carry out the "act". Try to have all the household members at home at this time, especially if they have something to say about the issue under consideration in the lawsuit.

It should be borne in mind that deprivation of parental rights is called a "last resort" of parental responsibility, and therefore, it is likely that in your case, especially if the other parent shows some persistence, the court will "meet halfway" and will not deprive parental rights, warning, however, that you need to be more responsible about your parenting responsibilities. In this case, there are two ways out: either the parent will really "take up his mind" and the child will have a normal, loving father or a caring mother, or ... parental rights.

List of required documents

1. Birth certificate of the child

This document contains information about the child's name, date of birth, and the names of his parents. A birth certificate is the main document submitted to the court as evidence and proves who exactly are the parents of the child.

If you do not have a child's birth certificate, a new one can be obtained by contacting the registry office, where the birth of the child was registered.

2. Certificate of establishment of paternity

Establishing the fact of paternity in relation to a particular child. It must be applied if the child was born out of wedlock and paternity was established in relation to him. If you do not have a certificate of establishment of paternity, it can be issued by the registry office where it was made, at your request.

3. Unified housing document

At the moment, it replaces about 13 previously issued documents in relation to real estate. If EZhD is not yet issued in your area, then you need to attach an extract from the house register (as proof of your residence in a particular place) and a financial and personal account (as proof of the grounds for such residence). These documents are issued in Moscow in an organization called EIRTs, in other cities - in similar “ZhEKs”, “DEZs”, etc. housing organizations.

4. Document confirming the payment of the state fee

The state fee for filing a statement of claim for deprivation of parental rights is calculated in accordance with Art. 333.19 of the Tax Code of the Russian Federation. As of 01.09.2013, the amount of the state duty is 200 rubles.

5. Document confirming the parent's income

As mentioned above, documents confirming the level of the plaintiff's income must be submitted to the court, as an indicator of the possibility of maintaining a child.

5.1 Help 2 personal income tax (“certificate from the place of work”)

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

5.2 Certificate from the place of work indicating the average salary

"Standard" form, indicating the position, length of service in the organization and the average salary (often replaces the provision of 2-NDFL).

5.3 Other documents containing information about income

Perhaps you are submitting a 3-NDFL declaration to the tax office or you are a pensioner, in which case you need to submit your existing income documents (a copy of the declaration with a mark of acceptance, a certificate from the pension fund about the payment of your pension or benefits).

6. Other available written evidence of the claim

Other documents are understood to be a non-exhaustive list of documents that confirm the circumstances of a parent's failure to fulfill their responsibilities for raising a child, creating a threat to the life or health of a spouse or child, documents characterizing the parties, and others.

6.1. Court decision to refuse deprivation of parental rights

Perhaps you have already applied to the court with such a claim and you were denied. A copy of the court decision must be attached to this claim. Please note that a copy of the court decision must be properly certified by the court ordering such decision (please note that each entry “copy correct” or “entered into legal force ...” is certified by the judge's signature and official seal).

If you do not have a copy of the court decision (or it is not properly certified), in the court where the case was heard, you will be given a certified copy. Considering that the case about this is most likely already in the archive, this issue should be taken care of as a minimum in a few weeks.

Also keep in mind that denial of parental rights cases have been archived for only five years - you should consider getting multiple copies of the decision in advance.

6.2. A court decision on the recovery of alimony or a court order

Please note that these documents must also be certified as indicated in the previous paragraph.

6.3. Certificate from bailiffs about the payment (arrears) of alimony

It can be obtained in the department of the Bailiff Service where the court's decision on the recovery of alimony is executed.

Of course, you will be given such a certificate if you have already collected alimony by a court decision or are collecting it through the bailiff service under a notarial agreement on the payment of alimony. The calculation of the alimony payment arrears, based on practice, rarely takes less than a month from the bailiff. Keep this in mind.

6.4. Certificates from educational institutions

Information about what classes the child is attending, in which educational institutions he is studying. Ask the leaders of these organizations to indicate in the certificate whether the parent who is deprived of parental rights has contacted these organizations. And, if he did, then when.

It would also be nice to attach a characteristic to the child, where the teachers could conclude that everything is fine with the child, and the mother (or father) takes part in the activities of the educational organization (or does not).

6.5. Certificates from medical organizations

Similar to the previous point.

If possible, ask also to indicate who brought the child to the doctor's appointment, at which address the doctor was called to the child's house.

6.6. Court sentence

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

Please note that the specified list cannot be exhaustive, and as many documents as possible supporting your arguments must be attached to the claim.

It is definitely not worth attaching "extra" documents, although they confirm some aspects of the child's life, but not those that are grounds for deprivation of parental rights. For example, copies of receipts or agreements confirming expenses for a child are absolutely unnecessary in the case (however, an agreement with educational organizations should be attached - it proves exactly who entered into this agreement. As a rule, a parent who is deprived of parental rights has nothing to do with this). It is not worth ironing diaries, certificates, grades lists, copies of medical cards, etc., they will only distract the attention of the court.

You can submit copies (photocopies) of documents to the case by presenting the originals to the court “for review” at the session. In this case, the judge himself will certify the copies of the documents available in the case. Alternatively, you can submit notarized copies to the file. Of course, documents such as a certificate from the place of work or an extract from the house register should be submitted in originals.

Do not forget that when filing, you will need a sufficient number of copies (photocopies) of all documents attached to the claim in order to transfer to other persons involved in the case (including the defendant, the prosecutor, the guardianship authority ...).

Procedure

Deprivation of parental rights is in the exclusive competence of the court.

An application for deprivation of parental rights is submitted to the district court at the place of residence of the defendant and is considered in the procedure for action, i.e. the form of going to court is a statement of claim.

Preparation of documents

Attached to the statement of claim (Article 132 of the Code of Civil Procedure of the Russian Federation):

documents confirming the circumstances on which the plaintiff bases his claims, copies of these documents for the defendants and third parties, if they do not have copies.

As indicated earlier in the “List of Required Documents”, you need to collect this package of documents to be attached to the statement of claim. It is worth noting that this package must be attached not only to the main statement of claim to the court, but also to copies of the claim for the parties.

Preparation of a statement of claim to the court

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

In accordance with Art. 69 of the RF IC, parents (one of them) may be deprived of parental rights if they:

This list is comprehensive.

Filing a statement of claim

The statement of claim for deprivation of parental rights is filed with the court at the place of residence of the defendant (Art. 28 Code of Civil Procedure of the Russian Federation). An exception to this rule is filing a claim at the place of residence of the plaintiff, in the event of a combination of claims for deprivation of parental rights and for the recovery of alimony (part 3 of article 29 of the Code of Civil Procedure of the Russian Federation).

The district courts of the city of Moscow (district and city courts of the Moscow region or another subject of the federation) act as the court of first instance (the court considering the claim for the first time).

The statement of claim can be sent by mail to the address of the court, either in person, by applying to the court through an expedition, or at the reception with a judge. We recommend that if you prepared and file a claim yourself, do it at a judge's appointment in order to immediately check the compliance of the claim with the requirements established by the legislation of the Russian Federation.

If the claim is to be considered in another city, then, of course, you will have to submit it by mail. Use certified mail (letter or parcel post) with return receipt.

Within 5 days after the receipt of the statement of claim by the court, the judge is obliged to find out the purpose of the court. meetings

Submission of the summons to the guardianship and trusteeship body and examination of living conditions

In accordance with paragraph 2 of Art. 78 Investigative Committee of the Russian Federation, the guardianship and trusteeship body is obliged to conduct an examination of the living conditions of the child and the person (s) applying for his upbringing, and submit to the court an examination report and a conclusion on the merits of the dispute based on it.

Since this norm obliges the guardianship and trusteeship body to conduct an act of examination of living conditions and give an opinion based on it on the merits of the dispute, it is not unimportant to agree on the date and time of the specified act of examination at the child's place of residence.

Therefore, in order to save time and relieve the Russian Post of stress, it is better if you deliver the subpoena for the guardianship and trusteeship body from the court yourself. Ask the judge to issue this summons (along with the claim and, perhaps, with a determination to check your living conditions) in your hands, and you will deliver it yourself, having received a receipt on the back of the summons. Then this receipt will have to be returned to the court.

When examining the living conditions (agree on the date and time with the employee when you will send the summons), it is carried out in order to conclude that the child is doing well at the moment, as well as to directly obtain information on the case (for example, about participation of the second parent in the upbringing of the child). As a rule, at the time of the examination, the guardianship authority talks with the child. Don't worry, your little one will not be tormented by questions about whether or not he agrees to deprive his parent of parental rights. No, most likely, the conversation will be conducted in a playful way, and the child will simply be asked to tell about his family (and he will tell, for example, that he lives with his mother and grandmother, but will not say anything about his father).

The result of the examination will be an act that an employee of the guardianship authority will bring to court.

Trial

This category of cases is considered with the obligatory participation of the prosecutor and the guardianship and guardianship authority, regardless of who brought the claim. Both the prosecutor and the guardianship and trusteeship body give their opinions on the case.

When considering a case in a district court, there will be only one judge (who is also the presiding judge). It is he (or she, most of the judges are women) who will decide the fate of you and your child. The judge must be respected, at least for that. Even if the judge behaves in some way that is incomprehensible to you (for example, raises his voice or says things you do not understand), you must remain in a position of unconditional respect for the court, do not argue, do not object, if something is unclear - ask for clarification.

Appeals to the court (requests) are called "petitions", with an emphasis on the first "a" (petition). You, as a party to the case, have the right to file a motion (ask the court with a request) on any issue important for the case: to summon witnesses, to request evidence, to postpone the hearing for any reason, to give you time to familiarize yourself with some kind of document brought to court by the other party. The court must resolve each petition (make a decision on it). An interim court decision, for example, to authorize your petition, is made in the form of a ruling (the judge says, “the court has determined”), and cannot be appealed.

Litigation is a separate type of human activity, subject to certain, rather strict rules, to know, understand and use which is a special skill that I studied for a long time, first in a law school, and then - long experience in courts, your lawyer representing your interests in court ... Of course, there is nothing impossible in taking part in the court hearing on your own case on your own, but there is no doubt that any lawyer (does your procedural opponent have one, by the way?) Will do it much more efficiently.

Several court sessions await you, at least: preliminary (where the case is not actually heard, but only some evidence is passed to each other, requests, summons, etc.) and the main one, where the case will be considered on the merits. Meetings can be postponed, that is, postponed to another day (usually by 3-4 weeks) in order to perform some actions: the defendant is summoned, documents are requested, witnesses are summoned, etc. So the hearing of the case can take several months or even a year.

You can ask to postpone the meeting, for example, if you are sick. Such a petition can be presented in writing and submitted to the court (through the expedition) in advance.

At the hearing, the parties give explanations. You are in support of the claim, the defendant is arguing against the claim. It is permitted (and even necessary) to ask the respondent certain questions. Questions are also posed to witnesses interrogated in the case. All questions are asked with the permission (or at the suggestion) of the chairman. You cannot ask questions to the prosecutor or the court.

Within the framework of the brochure, it is impossible to cover all aspects of correct behavior in court, and, moreover, questions of tactics and strategy of questioning witnesses or the defendant. In any case, you should not ask questions, the answer to which will not prove anything related specifically to your claim. You should not ask the respondent how he came to such a life, or why he did not see the child. It's none of your business to understand the motives of his behavior, it is important for you to prove whether he communicated with the child or not.

For example, it is correct to ask the respondent to name the date when he saw the child for the last time (most likely he will not lie, and will approximately answer something like “three years ago”), but it is wrong to ask whether he went to school to see the child (you there is a certificate that he did not come - it is not your job to refute it), or to be interested in why he does not go to the child (you will hear the reason for this or that degree of “respect”, which will deprive you of the opportunity to say that there are no obstacles to communicating with the child It was).

In any case, you should never “argue” with a witness or a defendant if he is not telling the truth. Provide evidence to the contrary, not just express your outrage.

A child over the age of 10 can be questioned in court as part of a claim for deprivation of parental rights. As a rule, the question is not posed to the child in this way, it is simply clarified his relationship with the parent, deprived of parental rights: when he saw the last time, how he treats him, when was the last time he talked on the phone, etc.

The consideration of the case ends with the examination of the case materials (ask the judge at this moment to pay attention to this or that document, if necessary), the conclusion of the prosecutor and the arguments of the parties. In the debate, each side summarizes the evidence available. Here is the time to talk about the lies of witnesses, citing evidence that refutes their testimony. Again, speaking in a debate requires separate preparation and a separate training course. In any case, your lawyer should prepare for the debate, he was taught this.

The court's decision

A court decision satisfying the claim for deprivation of parental rights comes into legal force after 30 days from the date of a reasoned decision (if it has not been appealed. Otherwise, after consideration of the case by the court of second instance).

To enter the relevant information into the child's civil status record in connection with the deprivation of parental rights from the parent, the court sends an extract from the decision to the territorial registry office.

Even if the parent's guilty behavior is proven in court, in exceptional cases the court, taking into account the nature of his behavior, personality and other noteworthy circumstances, has the right to refuse to satisfy the claim for deprivation of parental rights.

In this case, the defendant is warned by the court about the need to change his attitude towards the upbringing of children, and the guardianship and guardianship authorities are charged with monitoring the fulfillment of parental duties.

As a rule, the court makes a decision in a short (incomplete) form, announcing in the court session only the operative part of the decision (in fact, that he decided: to deprive the parental rights of the name of the river in relation to his child, for example). The full court decision will be made after some time. According to the law, this period is 5 days, however, as a rule, it is never kept (at least in Moscow and the Moscow region). This is due to the enormous workload on the judges - they do not have time to write.

So, in two or three weeks (usually this is the period) you will receive a court decision. However, it did not take effect! Those who disagree with this decision have a month to appeal it (from the moment the decision was made in its final, complete form. Please note: it was made, not the date it was issued to you!).

If the appeal did not take place, go to court and get a note of its entry into force. If the decision is appealed, it will be reviewed by the court of the second instance (in Moscow - by the Moscow City Court, in the Moscow Region - by the Moscow Regional Court, etc.), which may change the decision or leave it unchanged.

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

We recommend that the court decision on deprivation of parental rights that has entered into legal force be obtained in court in several (at least three) copies at once: this can be useful, for example, when considering the issue of adopting a child.

Sample statement of claim

Preobrazhensky District Court of the City of Moscow (Bukhvostova 2nd St., 4, Moscow, 107076)

Plaintiff: Ivanova Elena Ivanovna (Landyshevaya street, 10, Moscow, 123466)

Defendant: Sergei Petrovich Sidorov (Oleniy Val St., 11 building 8, apartment 60, Moscow, 107105)

Other persons participating in the case:
1. Prosecutor

2. The body of guardianship and trusteeship - Department of social protection of the population of the Borogodskoye district

3. Guardianship and trusteeship body - Administration of the Kurkino urban district

State fee: 200 rubles

Statement of claim

On August 11, 2009, I, Elena Ivanova Ivanova, born on July 10, 1985, had a daughter - Maria Sergeevna Ivanova (record of the birth certificate dated August 10, 2009 No. 354 in the Savelovsky Department of the Civil Registry Office of the Moscow Civil Registry Office), in respect of whom Sidorov Sergey Petrovich, born on January 22, 1980, acknowledged his paternity (record of establishing paternity of August 10, 2009 No. 564 in the Savelovsky department of the Civil Registry Office of the Moscow Civil Registry Office).

Since birth, Maria has lived with me, my father lives separately. Only I am engaged in raising a child. Maria's father actually withdrew from her upbringing, did not show a desire to meet her, did not take any part in her life.

The defendant evades the duties of a parent, is not interested in the life and health of the son, does not participate in his upbringing, education, does not care about moral and physical development, does not take part in the maintenance of the child, although he has a real opportunity to do so. Also, the defendant did not participate in the additional costs of the child related to medical care, summer vacations and spa treatment. The defendant does not take care of the child's moral and physical development, education, does not fulfill his other parental duties.

(give reasons, and justify their arguments)

In accordance with Art. 69 of the RF IC, parents (one of them) may be deprived of parental rights if they evade the responsibilities of parents.

Thus, I believe that there are sufficient grounds for depriving Sergei Petrovich Sidorov, born on January 22, 1980, of parental rights in relation to a minor Maria Sergeevna Ivanova, born on August 11, 2009.

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

to deprive Sergei Petrovich Sidorov, born on January 22, 1980, of parental rights in relation to the minor Ivanova Maria Sergeevna, born on August 11, 2009

Appendices: 1. Document confirming the payment of the state fee.

2. Copies of the statement of claim for persons participating in the case (with all attached documents.

3. A copy of the child's birth certificate.

4. A copy of the paternity certificate.

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

Plaintiff (signature)

Ivanova E. I.

Normative acts

Family Code of the Russian Federation (extract)

Article 54. The right of a child to live and be raised in a family

1. A child is a person who has not reached the age of eighteen years (majority).

2. Every child has the right to live and be raised in a family, as far as possible, the right to know his parents, the right to their care, the right to live together with them, except in cases where this is contrary to his interests.

A child has the right to be raised by his parents, to ensure his interests, all-round development, and respect for his human dignity.

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

Article 55. The child's right to communicate with parents and other relatives

1. The child has the right to communicate with both parents, grandfather, grandmother, brothers, sisters and other relatives. Dissolution of marriage by the parents, invalidation of marriage or separation of the parents do not affect the rights of the child.

In case of separation of parents, the child has the right to communicate with each of them. A child has the right to communicate with his parents also if they live in different states.

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

Article 56. The child's right to protection

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

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

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

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

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

3. Officials of organizations and other citizens who become aware of the threat to the life or health of the child, violation of his rights and legitimate interests, are obliged to report this to the guardianship and guardianship authority at the place of actual location of the child. Upon receipt of such information, the guardianship and trusteeship body is obliged to take the necessary measures to protect the rights and legitimate interests of the child.

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

The child has the right to express his opinion in the decision in the family of any issue affecting his interests, as well as to be heard in any judicial or administrative proceedings. Taking into account the opinion of a child who has reached the age of ten is mandatory, unless it is contrary to his interests. In the cases provided for by this Code, Articles 59, 72, 132, 134, 136, 143, 145), the guardianship and guardianship authorities or the court can make a decision only with the consent of a child who has reached the age of ten.

Article 63. The rights and obligations of parents in the upbringing and education of children

1. Parents have the right and responsibility to educate their children.

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

Parents have priority over all other persons in the upbringing of their children.

2. Parents are obliged to ensure that their children receive basic general education and create conditions for them to receive secondary (complete) general education.

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

Article 66. Exercise of parental rights by a parent living separately from a child

1. A parent living separately from the child has the right to communicate with the child, participate in his upbringing and resolve issues of the child's education.

The parent with whom the child lives should not interfere with the child's communication with the other parent, if such communication does not harm the child's physical and mental health, his moral development.

2. Parents have the right to conclude in writing an agreement on the procedure for the exercise of parental rights by a parent living separately from the child.

If the parents cannot come to an agreement, the dispute is resolved by a court with the participation of the guardianship and guardianship authority at the request of the parents (one of them). At the request of the parents (one of them) in the manner prescribed by the civil procedural legislation, the court with the obligatory participation of the guardianship and guardianship authority has the right to determine the procedure for exercising parental rights for the period until the entry into force of the court decision.

3. In case of failure to comply with a court decision, the guilty parent shall be subject to the measures provided for by the civil procedural legislation. In case of malicious failure to comply with the court decision, the court, at the request of the parent who lives separately from the child, may decide to transfer the child to him based on the interests of the child and taking into account the opinion of the child.

4. A parent living separately from a child has the right to receive information about his child from educational institutions, medical institutions, social welfare institutions and similar organizations. Information may be refused only if there is a threat to the child's life and health from the parent. Refusal to provide information can be challenged in court.

Article 69. Deprivation of parental rights

A parent (one of them) may be deprived of parental rights if they:

avoid fulfilling the obligations of parents, including in the case of malicious evasion from the payment of alimony;

refuse, without good reason, to take their child from a maternity hospital (department) or from another medical institution, an educational institution, an institution for social protection of the population or from similar organizations;

abuse their parental rights;

cruel treatment of children, including physical or mental violence against them, encroachment on their sexual integrity;

are sick with chronic alcoholism or drug addiction;

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

Article 70. Procedure for deprivation of parental rights

1. Deprivation of parental rights is carried out in court.

Cases of deprivation of parental rights are considered at the request of one of the parents or persons acting in their stead, at the request of the prosecutor, as well as at the request of bodies or organizations that are entrusted with the duties of protecting the rights of minors (guardianship and guardianship authorities, commissions for minors, organizations for orphans and children left without parental care, and others).

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

3. When considering a case on deprivation of parental rights, the court decides the issue of collecting alimony for a child from parents (one of them) who have been deprived of parental rights.

4. If the court, when considering the case on deprivation of parental rights, discovers signs of a criminal offense in the actions of the parents (one of them), it is obliged to notify the prosecutor of this.

5. The court shall be obliged, within three days from the date of entry into force of the court decision on deprivation of parental rights, to send an extract from this court decision to the civil registry office at the place of state registration of the child's birth.

Article 71. Consequences of deprivation of parental rights

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

2. Deprivation of parental rights does not release parents from the obligation to support their child.

3. The question of the further cohabitation of the child and the parents (one of them), deprived of parental rights, shall be decided by the court in accordance with the procedure established by housing legislation.

4. A child in respect of whom the parents (one of them) have been deprived of parental rights retains the right of ownership of the dwelling or the right to use the dwelling, and also retains property rights based on the fact of kinship with parents and other relatives, including the right to receiving an inheritance.

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

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

Article 72. Restoration of parental rights

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

2. Restoration of parental rights is carried out in court at the request of a parent who has been deprived of parental rights. Cases on restoration of parental rights are considered with the participation of the guardianship and guardianship authority, as well as the prosecutor.

3. Simultaneously with the application of the parents (one of them) for the restoration of parental rights, the demand for the return of the child to the parents (one of them) may be considered.

4. The court shall have the right, taking into account the child's opinion, to refuse to satisfy the claim of the parents (one of them) for the restoration of parental rights, if restoration of parental rights is contrary to the interests of the child.

Restoration of parental rights in relation to a child who has reached the age of ten is possible only with his consent.

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

5. Within three days from the date of entry into force of a court decision on restoration of parental rights, the court sends an extract from such a court decision to the civil registry office at the place of state registration of the child's birth.

Article 78. Participation of the guardianship and trusteeship body in the consideration of disputes by the court related to the upbringing of children

1. When the court is considering disputes related to the upbringing of children, regardless of who has brought the claim in defense of the child, the guardianship and guardianship authority must be involved in the case.

2. The guardianship and trusteeship body is obliged to conduct an examination of the living conditions of the child and the person (s) applying for his upbringing, and to submit to the court an examination report and a conclusion on the merits of the dispute based on it.

Article 80. Obligations of parents to support minor children

1. Parents are obliged to support their minor children. The procedure and form of providing maintenance to minor children are determined by the parents independently.

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

2. If parents do not provide maintenance to their minor children, the funds for the maintenance of minor children (alimony) shall be collected from the parents in court.

3. In the absence of an agreement between the parents on the payment of alimony, if the minor children are not provided with support, and if a claim is not brought to the court, the guardianship and guardianship body has the right to bring a claim for the recovery of alimony for minor children to their parents (one of them).

Article 163. Rights and obligations of parents and children

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

Civil Procedure Code of the Russian Federation (extracts)

Article 55. Evidence

1. Evidence in the case is information about the facts obtained in the manner prescribed by law, on the basis of which the court establishes the presence or absence of circumstances justifying the claims and objections of the parties, as well as other circumstances that are important for the correct consideration and resolution of the case.

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

2. Evidence obtained in violation of the law has no legal force and cannot be used as the basis for a court decision.

Article 56. Obligation to prove

1. Each party must prove the circumstances to which it refers as the basis for its claims and objections, unless otherwise provided by federal law.

2. The court determines what circumstances are relevant to the case, which party has to prove them, brings the circumstances up for discussion, even if the parties did not refer to any of them.

Article 57. Presentation and request of evidence

1. Evidence is presented by the parties and other persons participating in the case. The court has the right to invite them to submit additional evidence. In the event that it is difficult for these persons to present the necessary evidence, the court, at their request, shall assist in the collection and recourse of evidence.

2. The request for the demand for evidence must indicate the evidence, and also indicate what circumstances that are important for the correct consideration and resolution of the case, can be confirmed or refuted by this evidence, indicate the reasons that prevent the receipt of evidence, and the location of the evidence. The court issues a request to the party to obtain evidence or asks for evidence directly. The person who has the evidence requested by the court sends it to the court or hands it over to the person who has the relevant request for submission to the court.

3. Officials or citizens who are unable to present the requested evidence in general or within the time period established by the court must notify the court about this within five days from the date of receipt of the request, indicating the reasons. In case of failure to notify the court, as well as in case of failure to comply with the court's requirement to present evidence for reasons recognized by the court as disrespectful, the guilty officials or citizens who are not persons participating in the case are fined - officials in the amount of up to one thousand rubles , for citizens - up to five hundred rubles.

4. The imposition of a fine does not relieve the relevant officials and citizens who own the required evidence from the obligation to present it to the court.

Article 68. Explanations of the parties and third parties

1. Explanations of the parties and third parties about the circumstances known to them, which are important for the correct consideration of the case, are subject to verification and assessment along with other evidence. If a party obliged to prove its claims or objections withholds the evidence in its possession and does not present it to the court, the court shall have the right to substantiate its conclusions with the explanations of the other party.

2. The recognition by a party of the circumstances on which the other party bases its claims or objections frees the latter from the need to further prove these circumstances. The confession is entered into the minutes of the court session. The confession set out in the written statement is attached to the case file.

3. If the court has reason to believe that the confession was made in order to conceal the actual circumstances of the case or under the influence of deception, violence, threat, good faith delusion, the court does not accept the confession, about which the court issues a ruling. In this case, these circumstances are subject to proof on a general basis.

Article 69. Testimony

1. A witness is a person who may be aware of any information about the circumstances that are important for the consideration and resolution of the case. The information provided by the witness is not evidence if he cannot indicate the source of his knowledge.

2. A person requesting to summon a witness is obliged to indicate what circumstances relevant to the consideration and resolution of the case, the witness can confirm, and to inform the court of his name, patronymic, surname and place of residence.

3. Not subject to questioning as witnesses:

1) representatives in a civil case, or defense lawyers in a criminal case, a case of an administrative offense, or mediators - about the circumstances that became known to them in connection with the performance of the duties of a representative, defense lawyer or mediator;

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

3) priests of religious organizations that have passed state registration - about the circumstances that became known to them from confession.

4. Has the right to refuse to testify:

1) a citizen against himself;

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

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

4) deputies of legislative bodies - in relation to information that became known to them in connection with the exercise of parliamentary powers;

5) The Commissioner for Human Rights in the Russian Federation - in relation to information that became known to him in connection with the performance of his duties.

Article 70. Duties and rights of a witness

1. A person summoned as a witness must appear in court at the appointed time and give truthful testimony. A witness may be questioned by the court at the place of his stay if, due to illness, old age, disability or other valid reasons, he is not able to appear when summoned by the court.

2. For knowingly giving false testimony and for refusing to testify on grounds not provided for by federal law, the witness shall be liable under the Criminal Code of the Russian Federation.

3. The witness has the right to reimbursement of the costs associated with the summons to court, and to receive monetary compensation in connection with the loss of time.

Article 71. Written evidence

1. Written evidence is containing information about the circumstances that are important for the consideration and resolution of the case, acts, contracts, certificates, business correspondence, other documents and materials made in the form of a digital, graphic record, including those obtained by facsimile, electronic or other communication or in another way that allows you to establish the authenticity of the document. Written evidence includes court sentences and decisions, other court orders, protocols of procedural actions, court records, annexes to the protocols of procedural actions (diagrams, maps, plans, drawings).

2. Written evidence is presented in the original or in the form of a duly certified copy.

Authentic documents are submitted when the circumstances of the case, in accordance with laws or other regulatory legal acts, are subject to confirmation only by such documents, when the case cannot be resolved without original documents, or when copies of a document that are different in content are presented.

3. Copies of written evidence presented to the court by a person participating in the case, or requested by the court, shall be sent to other persons participating in the case.

4. A document received in a foreign state is recognized as written evidence in court, if its authenticity is not refuted and it is legalized in the prescribed manner.

5. Foreign official documents shall be recognized in court as written evidence without their legalization in cases stipulated by an international treaty of the Russian Federation.

Article 131. Form and content of the statement of claim

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

2. The statement of claim must indicate:

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

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

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

4) what is the violation or threat of violation of the rights, freedoms or legitimate interests of the plaintiff and his claims;

5) the circumstances on which the plaintiff bases his claims, and the evidence confirming these circumstances;

6) the price of the claim, if it is subject to assessment, as well as the calculation of the recovered or disputed sums of money;

7) information on the observance of the pre-trial procedure for contacting the defendant, if this is established by federal law or provided for by an agreement of the parties;

8) a list of documents attached to the application.

The application may contain telephone numbers, fax numbers, e-mail addresses of the plaintiff, his representative, defendant, other information relevant to the consideration and resolution of the case, as well as the plaintiff's petitions.

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

Article 132. Documents attached to the statement of claim

Attached to the statement of claim:

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

a document confirming the payment of the state fee;

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

documents confirming the circumstances on which the plaintiff bases his claims, copies of these documents for the defendants and third parties, if they do not have copies;

evidence confirming the fulfillment of the mandatory pre-trial procedure for resolving the dispute, if such a procedure is provided for by federal law or agreement;

Calculation of the recovered or disputed amount of money, signed by the plaintiff, his representative, with copies in accordance with the number of defendants and third parties.

Article 177. Procedure for interrogating a witness

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

2. The presiding judge ascertains the attitude of the witness to the persons participating in the case, and invites the witness to inform the court everything that he personally knows about the circumstances of the case.

3. The witness may then be asked questions. The first to ask questions is the person, upon whose application the witness is summoned, the representative of this person, and then other persons participating in the case, their representatives. Judges have the right to ask questions of a witness at any time during his interrogation.

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

5. The interrogated witness remains in the courtroom until the end of the trial, unless the court allows him to leave earlier.

Article 179. Interrogation of a minor witness

1. The interrogation of a witness under the age of fourteen, and at the discretion of the court and interrogation of a witness between the ages of fourteen and sixteen, shall be carried out with the participation of a pedagogical worker who is summoned to court. If necessary, the parents, adoptive parents, guardian or curator of the minor witness are also summoned. These persons may, with the permission of the presiding judge, ask the witness questions, as well as express their opinion regarding the personality of the witness and the content of the testimony given to him.

2. In exceptional cases, if it is necessary to establish the circumstances of the case, during the interrogation of a minor witness from the courtroom, on the basis of a court ruling, this or that person participating in the case may be removed, or any of the citizens present may be removed. in the courtroom. The person participating in the case, after returning to the courtroom, must be informed of the content of the testimony of a minor witness and must be given the opportunity to ask the witness questions.

3. A witness under the age of sixteen, upon completion of his interrogation, shall be removed from the courtroom, unless the court finds it necessary to have this witness present in the courtroom.

Resolution of the Plenum of the RF Armed Forces of 05/27/1998 No. 10 "On the application of legislation by courts in resolving disputes related to the upbringing of children" (extracts)

10. When preparing for the trial of the case on deprivation of parental rights of one of the parents, the judge must in each case notify this parent of the time and the place of the trial and explain that he has the right to declare a demand for the transfer of the child to him for upbringing.

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

Parents' evasion from fulfilling their responsibilities for raising children can be expressed in a lack of concern for their moral and physical development, education, preparation for socially useful work.

Abuse of parental rights should be understood as the use of these rights to the detriment of the interests of children, for example, creating obstacles in learning, encouraging begging, theft, prostitution, the use of alcohol or drugs, etc.

Abuse of children can be manifested not only in the implementation by parents of physical or mental violence against them or in an attempt on their sexual integrity, but also in the use of unacceptable methods of upbringing (in rude, disdainful, degrading treatment of children, abuse or exploitation of children) ...

Chronic alcoholism or drug addiction parents must be confirmed by an appropriate medical report. Deprivation of parental rights on this basis may be made regardless of the recognition of the defendant as having limited legal capacity.

12. Based on Articles 69, 73 of the Investigative Committee of the Russian Federation, persons who do not fulfill their parental duties due to a combination of difficult circumstances and for other reasons beyond their control (for example, a mental disorder or other chronic disease, for excluding persons suffering from chronic alcoholism or drug addiction). In these cases, as well as when, during the consideration of the case, sufficient grounds are not established to deprive the parents (of one of them) of parental rights, the court may decide to take the child away and transfer him to the custody of the guardianship and guardianship authorities, provided that leaving the child with parents are dangerous for him (clause 2 of article 73 of the RF IC).

In the same manner, the issue of removing children from adoptive parents may be resolved if there are no grounds for canceling adoption established by law (Article 141 of the RF IC).

When considering a case on restricting parental rights, the court must also resolve the issue of collecting alimony for a child from the parents (one of them) or adoptive parents.

13. Courts should take into account that deprivation of parental rights is a last resort. In exceptional cases, if the parent's guilty behavior has been proven, the court, taking into account the nature of his behavior, personality and other specific circumstances, has the right to refuse to satisfy the claim for deprivation of parental rights and warn the defendant about the need to change his attitude towards raising children, entrusting the guardianship and guardianship authorities with monitoring the implementation im parenting. Refusing a claim for deprivation of parental rights, the court, in the presence of the above circumstances, has the right, in accordance with Article 73 of the RF IC, to also resolve the issue of taking the child away from the parents and transferring it to the guardianship and guardianship authorities, if the interests of the child so require.

14. Making a decision on deprivation of parental rights entails the loss by the parents (one of them) not only of those rights that they had before the children reached the age of majority, but also others based on the fact of kinship with the child, arising from both family and other legal relations.

15. Considering that a person deprived of parental rights also loses the right to receive pensions, benefits, other payments assigned to children, as well as alimony collected for the child (clause 1 of article 71 of the RF IC), the court after the entry into force of the decision on deprivation of parental rights, it is necessary to send a copy of it to the body that makes the specified payments, or to the court at the place where the decision on payments was made to discuss the issue of transferring payments to the account of the child care institution or to the person to whom the child was placed in foster care.

17. Since, in accordance with clause 2 of Article 71 of the RF IC, deprivation of parental rights does not release a parent from the obligation to support his child, the court, in accordance with clause 3 of Article 70 of the RF IC, when considering a case on deprivation of parental rights, also decides the issue of recovery child support regardless of whether such a claim is brought.

In case of deprivation of parental rights of one parent and transfer of the child for upbringing to another parent, guardian or trustee or foster parents, alimony is collected in favor of these persons in accordance with Articles 81-83, Clause 1, Article 84 of the RF IC. If the children, before the decision on the deprivation of parental rights has been resolved, have already been placed in children's institutions, alimony collected from parents deprived of parental rights are credited to the accounts of these institutions, where they are accounted for separately for each child (Clause 2, Article 84 of the IC RF).

If the parental rights of both parents or one of them are deprived of the parental rights of both parents, when the transfer of the child to another parent is impossible, the alimony is not subject to collection by the guardianship and guardianship body, to which the child is transferred in such cases (clause 5 of article 71 of the RF IC), but transferred to the child's personal account at the branch of the Savings Bank.

18. In a court decision on deprivation of parental rights, it must be indicated to whom the child is transferred for upbringing: another parent, guardianship and guardianship authority or guardian (curator), if he has already been appointed in the prescribed manner.

If it is impossible to transfer the child to another parent or in case of deprivation of the parental rights of both parents, when a guardian (curator) has not yet been appointed, the child is transferred by the court to the custody of the guardianship and trusteeship body.

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

When transferring a child to the custody of the guardianship and guardianship authorities (clause 5 of article 71, article 121 of the RF IC), the court should not decide how the child's fate should be determined by these bodies (placement in a child care institution, boarding school, appointment guardian, etc.), since the choice of the method of placing children is within the competence of the above bodies.

An extract from the court decision on deprivation of parental rights within three days from the date of its entry into force in accordance with paragraph 5 of Article 70 of the RF IC must be sent by the court to the civil registry office at the place of state registration of the child's birth.

Thank you!

Thank you for reading this booklet carefully. I hope the issue of deprivation of parental rights has become a little clearer to you.

Employees of the guardianship authority will always try to help you resolve any family conflict related to raising children. But if the situation is not resolved, you will have to go to court.

I really hope that now you can handle it yourself.

But if you have any questions, please contact us.