Deprivation of parental rights of father, mother: questions and answers
1. What is meant by depriving a mother, father of a child of parental rights?
The rights and duties of adults to their under-age children are called parental rights (Family Code of the Russian Federation, article forty-seven). The basis of these rights - the origin of children.
Both parents have not only absolutely equal rights to their children, but also completely equal duties. When children reach the age of eighteen, parental rights automatically expire. This can happen even when, by decision of a court, children acquire legal capacity before they reach the age of 18, or in the case of marriage of minors.
Preemptive right to engage in raising children have their parents, only then relatives or other persons. Parents do not just have the right, they are fully responsible for the processes of raising and developing their children.Their direct duty is to take care of the physical and mental health of their child, to do everything to ensure that it develops morally and spiritually.
Parents are responsible for their children getting an education. At least - the main common. The right to choose an educational institution and the choice of the form of education of children remains for their parents. We must always remember that in the interests of children, parents must jointly address issues related to their education. Do not forget to ask the child's opinion.
The interests of the children are the main concern of the parents. Being representatives of their children, by law, it is the parents in relations with any persons who are the defenders of the rights and interests of their child. Being engaged in upbringing, parents are not entitled to rude, cruel, degrading treatment of the child. They do not have the right to insult their children, exploit them, harm their health and full moral development.
If between parents there are insurmountable disagreements for them, then experts: psychologists, lawyers will help to resolve them. The final instance will already be the court.
If the parent lives separately from the child, he does not lose the right to communicate with him, necessarily participates in education and in solving educational issues. In addition, he has the right to receive information about his child from medical, educational and other similar institutions. In this case, the second parent should not interfere with the rights of the first, except in cases where communication can harm the health of the child, or adversely affect his moral development. In order to avoid conflicts, parents should conclude a written agreement on how the one who lives separately from the child will exercise their rights to communicate. If someone retains the child for no reason at all (not according to the law and without a court decision), then the parents are entitled to demand from any person the return of their child. If necessary, in the case of disputes between parents, they may apply to the court to protect the violated rights.
If a person is deprived of parental rights, he loses all rights to the child, which are based on kinship.
2. In which cases can deprive of parental rights
Parents are exempted from their parental rights on the grounds specified in the Family Code.The question of depriving a person of his parental rights is decided at the court hearing upon the application of: the second parent; persons who replace it; institutions involved in the protection of childhood. At the court hearing, when the case of parental rights is being heard, the prosecutor and the guardianship officer must be present.
The reasons why a mother or father may deprive him of his parental rights:
- - failure to fulfill parental responsibilities, including refusal to pay alimony;
- - refusal to take your child from the maternity hospital, hospital, educational institution;
- - abuse of parental rights;
- - cruelty to children, sexual harassment of them, an attempt on their sexual integrity;
- - parents' alcoholism or drug addiction;
- - criminal acts that threaten the life and health of their children and spouses
3. Documents for the procedure for deprivation of the right to be a parent
According to the place of residence of the defendant, a claim is filed to the court. It should indicate:
- - name of the court;
- - all the personal data of the plaintiff, his address;
- - all the personal data of the defendant, his address;
- - an explanation of what the claims of the claimant are and what are its requirements;
- - The circumstances that are the rationale for the claimant’s claim and the evidence of these circumstances;
- - a list of all documents attached to the application.
If the prosecutor addresses the court in defense of the interests of a citizen, then the application must justify the inability of the citizen to file this claim. The application is signed by the claimant or his representative. The application must be accompanied by copies of it in the same number as the number of respondents. In each case, the package of documents has its own characteristics, corresponds to a particular case and is prepared by a lawyer. But there are recommendations about what should be in any package:
- - marriage certificate (copy), or divorce;
- - A document confirming the child’s place of residence and the birth certificate;
- - a set of written evidence (certificates of evasion from the payment of alimony, documents that confirm the defendant’s unlawful behavior, information about the state of the defendant on drug treatment or any other account);
- - petition to the court with a request for enforcement proceedings by the bailiff service.
4. What confirms the abuse of parental rights?
The abuse of parental rights includes cases where one of the parents does not allow the other to communicate with his child and engage in his upbringing. Especially, if the order of communication is already determined by the court.
Abuses may include cases where one of the parents prevents a child from visiting other countries without giving his consent for the trip. There are cases when a child goes unaccompanied as part of a sports team, or a group of tourists. In this case, for departure from the Russian Federation, the consent of both parents is necessary. If parents do not give such consent, then this can also be considered an abuse.
In order to deprive a person of parental rights, the grounds for the abuse of these rights are most often insufficient.
5. Non-participation in a child’s life
There are cases when a parent for more than six months does not participate in the child’s life and there is no justifiable reason for it. In addition, he does not pay child support. This is a sufficient reason to raise the issue of depriving him of the right to be a parent.
Such an attitude to parenting is required to prove.The evidence can serve as documentary evidence, the testimony of witnesses, the conclusion of the results of the survey of the family by the guardianship authorities, and proving the non-payment of maintenance, materials.
But, first of all, it is necessary to resolve the issue of preserving or dissolving the marriage, and also to search for the debtor, if he, of course, is hiding. It is possible that the bailiff will be able to make a negligent parent pay alimony. If this happens, then there is no reason to deprive the parent of his rights to the child.
6. When the father of a child cannot be deprived of parental rights, in what cases?
Having considered all the documents that are submitted by the claimant with the requirement to deprive the father of parental rights, the court assesses the evidence, determines how well the circumstances related to one or another of the defendant’s behavior are established. Great attention is paid to what the relationship of the plaintiff and the defendant. Upon close examination of the case, it becomes clear what kind of law should be applied in this case and how likely the satisfaction of the claim is.
In his decision, the judge must:
- - announce the circumstances of the case established by the court;
- - name the evidence on the basis of which the conclusions of the court were made;
- - provide arguments that allowed to reject part of the evidence;
- - name the laws that the court was guided by.
There are fathers who cannot fulfill their parental duties due to difficult circumstances, often completely independent of them (mental disorders, or other serious illnesses). Such people cannot be deprived of their parental rights. This does not include those who suffer from alcoholism and drug addiction.
If the defendant documents his disability (disability), this does not mean that he can not pay child support, they will be calculated as a percentage of his pension.
7. When are parents limited in their rights, and not deprived? What is the difference?
According to the law, the articles of the Family Code numbered 73 and 74, the court may in the interests of the child decide to take this child from the parents, or from one of the parents. In this case, parents are limited in parental rights, and not deprived of them.
Parental rights are restricted in case the child cannot be left with the parents, or one of them.And this happens due to circumstances beyond the control of parents: a confluence of serious events, mental disorders, serious chronic diseases.
If it is dangerous to leave a child with parents, or one of them, because of their strange behavior, this is not sufficient grounds for depriving the father and mother of parental rights. Again, the court will have to decide on the restriction of communication between parents and children.
If there is no change in the behavior of the parents, or one of them, then other measures will be taken. Six months after the date of the decision to limit parental rights, the guardianship and trusteeship authority is required to sue for depriving the father and mother of parental rights, or one of them. In some cases, when it becomes obvious that the parents will not behave adequately, in the interests of the child, the claim for depriving the parents of parental rights is filed before the expiration of six months.
Parents lose the right to raise their child, and the right to benefits and state benefits if their parental rights are restricted by the court. But the restriction of parental rights does not mean that the parents are no longer required to support the child.In this situation, the child retains the right of ownership to housing (or the right to use the living space), retains in an obligatory manner property rights based on the fact of kinship with the mother, father and their relatives, including the right to receive the inheritance. If the parental rights of both parents are limited, the minor child remains under the care of the guardianship authorities.
Parents are allowed to meet, communicate with the child, if it does not have a negative impact on him. They can do this only if the guardianship and trusteeship authorities give their consent, and also if the guardian or custodian or the adoptive parents of the child, if any, give consent or with the consent of the administration of the children's institution where the child is.
If the reasons for which a restriction in parental rights was imposed, are completely eliminated, eliminated, the court, having considered the lawsuit filed by the parents (or one of the parents), may decide to bring the child home and cancel all restrictions. But if a child is afraid for some reason and does not want to return to his parents,if this does not correspond and contradicts his interests, then the court dismisses the claim, and the child remains in either the orphanage or the appointed guardian.
8. Penalties for violation of the decision taken by the court on depriving the parents of their parental rights to the child
In accordance with the Family Code of the Russian Federation, article seventy-nine, judgments that have entered into force, become law obligatory for execution by all without exception. Court decisions must be enforced throughout the country.
Civil law provides for measures that apply to those who do everything to prevent, and prevents the execution of a court decision. Most often, the measures are applied to parents deprived of parental rights, and the persons in whom the child is in charge. After all, it is in these categories of persons that there is a tendency to break the law and thus show disrespect for the court. This entails serious responsibility for acts and punishment provided for by federal law (art. 13. Parts 2, 3.). The imposition of a fine threatens those who decide to interfere with bailiffs performing their duties.
9. Deprivation of parental rights and child support
Parents who are deprived of parental rights (or one of the parents) lose all the rights that they had on the basis of kinship with the child - this is: the right to receive in the future the maintenance of the grown-up child; the right to benefits and benefits established for citizens who have children. But, at the same time, parents who have lost their parental rights are not exempt from supporting the child, that is, paying alimony.
The child retains all property rights to the premises where he lived with his parents (that is, his right to use the dwelling), he also retains his rights to property and the right to inheritance. All this is based on the fact of kinship with parents and other relatives.
10. Restoring parental rights, is it possible?
According to the Family Code of the Russian Federation (article seventy-two), parents have the opportunity to be restored in parental rights, but only when they (or he alone) change their attitude towards raising a child. In order for this to happen, you must completely change your behavior, think carefully and rebuild your lifestyle.
In order to recover parental rights you must submit an application to the court. The hearing takes place with the mandatory participation of a representative of the guardianship and trusteeship bodies and in the presence of the prosecutor. Employees of the guardianship bodies conduct preliminary surveys and assess the conditions and way of life of the person who wants to regain the rights of a parent.
The court must take into account the wishes of the child, is considered with his opinion. If a minor is against his parents being reinstated, the court is entitled to refuse the former parents to satisfy their claim. If a child is ten years old or more, then consent is required to restore parental rights.
Parental rights will not be restored if the child has been adopted. The secret of adoption is by no means disclosed, the court declines the lawsuit on the return of the rights of parents.
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