Parents are direct protectors, patrons of their children. Throughout their lives, they give their children love, care and affection, rejoice in their successes, and together experience failure. However, not always and not all parents fulfill their direct responsibilities related to the maintenance and upbringing of children, thereby losing the opportunity to be responsible for their well-being. What can this lead to? And what are the reasons for the deprivation of parental rights?
Regulatory framework
Both international and Russian law guarantee at the legislative level the support of the institution of the family, the equal rights of both parents in matters of raising children and protecting their interests. The fundamental laws are the Constitution of Russia and the Family Code. Deprivation of parental rights is described in detail, without hidden subtexts, in the articles of chapter 12 of the document on family relations.
Factors that may affect the resumption of litigation
Deprivation of the parental rights of the father, mother, or both parents at the same time is an extreme measure, which can be appointed only at the end of the court session when a conscious, neglectful, disrespectful attitude towards children is established. Moreover, the mother as a defendant is a very rare phenomenon that occurs when all the measures taken to influence her have no retroactive effect, and when she can cause real harm to the health of her child.
More often there are cases of consideration of cases regarding the deprivation (restriction) of parental rights with respect to the father, who, in turn, has the full right to direct protection, especially with charges of a purely formal, less than substantiated nature. If in the case of an obscene, irresponsible lifestyle associated with the addictions of both parents and a violation of ethical standards, the alarm sounded guardianship authorities relatives or neighbors, both parents may lose their rights. It is important to remember that in relation to several children under the age of majority, the simultaneous deprivation of parental rights cannot be carried out. A court decision is possible only regarding one child. And you can’t be deprived of rights if the parent has diseases, including mental ones, in which proper care for the child is not carried out.
Contradictory actions in the interests of children are often the result of opening a case of deprivation of parental rights. This event is unpleasant, difficult both in procedural and emotional terms, rather lengthy (sometimes it takes 3-4 court sessions or more, not counting the preparatory stage), it requires a comprehensive investigation, analysis of the conflict, legal knowledge and legal proceedings. This is one of the most difficult categories of legal proceedings. An exhaustive list of reasons is listed in the 69th article of the document on family relationships, namely:
- malicious, prolonged evasion of child support payments, evasion of upbringing obligations (the most common argument),
- drunkenness, drug addiction, confirmed in court by the conclusion of specialized medical institutions (often found grounds),
- child abuse or his mother: rudeness, insults, beating, attempt on sexual integrity in relation to a minor and so on (although such grounds are often found, but for all to see, censure is not taken out of the family, as a rule, they are hidden),
- a criminal offense against a spouse or child (if available)
- Unreasonable refusal of the mother in the hospital from her newly born child, unwillingness to take him out of the hospital (only the court has the right to determine whether the reason for the refusal is valid or not),
- the inclination of the child to theft, vagrancy, drug addiction, prostitution, begging, drinking alcohol.
There are frequent cases in which a mother intends to collect documents for depriving the parental rights of the father of her child, when after the divorce she does not live together with her ex-spouse, and as a full-fledged parent of the child, another man is ready to adopt him. Often, a real father after a divorce ceases to show his paternal feelings for children, stops communicating with them, but does not refuse them. Or, pursuing the goal of annoying his ex-spouse, he prevents them from traveling abroad. All these motives are more likely personal and to a lesser extent take into account the interests of the child, for whom the “sharing” of parents is capable of causing irreparable damage to his psychological well-being. For the court, the hostility of the parents to each other, their sometimes unfounded accusations are secondary. There must be good reason for the deprivation of parental rights listed in the paragraph above. Even one unacceptable method of education is enough to resume the trial. Often, one can meet a whole complex of interrelated reasons: drunkenness of parents, beating, insulting a child, etc. In any case, before filing a lawsuit in order to “cut the hunk”, you should carefully think about the possible consequences several times, carefully to weigh.
Who can initiate the question?
If there is an undeniable reason for the deprivation of parental rights, the regulatory legal framework regulates the filing of a lawsuit by a limited circle of persons. This list should include:
- one of the parents (mother or father);
- guardian or trustee;
- the prosecutor;
- heads of structures created to protect the rights of under-age children (guardianship agencies, shelters, orphanages).
The rest of the parties can only initiate the filing of a claim, if necessary, participate in the court as witnesses on either one or the other side, but do not personally apply to the court for documents. Deprivation of parental rights is carried out with the mandatory participation of bodies involved in guardianship and trusteeship, as well as the prosecutor. They are directly involved in the trial, their opinion on the advisability of an affirmative verdict will be taken into account. When considering a case for the court, the interests of the child will play a paramount role. If he has already reached the 10th anniversary, his opinion will be taken into account, and in the absence of opportunity - voiced by the representative. If evidence of a criminal act is discovered in the case, the prosecutor will be immediately informed of this fact.
Deprivation of parental rights. Where to begin?
Before you go to court with a lawsuit, you must visit the guardianship authorities to explain to them the reasons that triggered this decision. You must bring with you supporting certificates of birth, marriage, divorce (if any), extracts from the house book and personal account at the place of registration. It will also require a description of the deprivation of the defendant's parental rights, which is provided to the court in order to describe its negative aspects.
First of all, it is necessary to visit a number of organizations (law enforcement agencies, the bailiff service, medical institutions) to collect evidence and facts of negative behavior.It would be useful to stock up with such documents as a forensic examination of the beatings, testimonies, evidence of the beating of the child, court decisions on the recovery of alimony, certificates of arrears, transfers to the police, criminal records, extracts from the drug dispensary, confirming the registration and stay of the person on the account.
What to provide to the court?
To open a court case, it is necessary to prepare documents for the deprivation of parental rights and any evidence of improper behavior of the defendant, which may play a role in the decision of the judge. The correctness of the preparation of documentation, the collection of evidence with the involvement of third parties - witnesses - half the battle. Legally competently built "dry" (without emotion) protection of the interests of the plaintiff is best entrusted to a legally savvy professional who is able to handle all the intricacies and nuances of family law.
A mandatory list of documentation governs family law. Deprivation of parental rights occurs in the presence of a reasoned statement of claim submitted to the court with a request for such a decision. The lawsuit is brought at the location of the defendant. If, for example, his whereabouts are unknown, proper upbringing and maintenance are not carried out by him, an application can be submitted at the location of the principal, and also deprived of the rights of the defendant in absentia. A child over the age of 10 has all the grounds and the right to write such a statement on his own behalf. The lawsuit should state the essence of the matter with the circumstances and facts attached in writing. Indication of name, registration and residence, passport details, phone numbers of the plaintiff is required. The application must be accompanied by: copies of birth certificates of the child, marriage and its dissolution, documents confirming the welfare of the plaintiff, as well as all possible certificates that are the basis for the deprivation of parental rights.
What can affect the decision of the court?
When the court makes an impartial decision, the living conditions and important quality indicators in the upbringing of the child should be checked: how much the child is physically developed, whether he is attending an educational institution, what is his academic performance and behavior, whether the daily routine (rational nutrition, rest, fresh air) is correctly drawn up, Is medical care required? These and many other factors will make it possible to determine the manifestation of parental care for the child, how much psychological contact is established in their relations, communication required for the development of self-awareness, the child’s inner world. Taking into account the documents characterizing the place of residence (inspection report), the applicant’s ability to work and income, as well as the psychologist’s opinion (a specialist’s conversation with the child is required), the opinion of the prosecutor and guardianship authorities will be prepared and announced in court on the merits of the matter. The child himself, having reached the 10th anniversary, may at the meeting express his position, but the court verdict may not coincide with it if there is a clear contradiction to the interests of the child.
The claim is satisfied. What does this mean for the defendant?
A satisfactory (positive) decision on the deprivation of parental rights, which has already entered into legal force, must be sent within three days to the registry office at the place where the child was born. In fact, it breaks off family ties, contacts, deprives the parent of responsibilities for the educational process of the child. Benefits and allowances assigned by the state to the parent are automatically canceled. All decisions on further joint living of the child with the parent are decided in court, taking into account the provisions of the Housing Code of Russia. The possibility of protecting the rights of the defendant, for example, by hereditary matters on the maintenance of adult children.However, the parent remains his direct responsibility for the maintenance of the child (payment of alimony), and for the child - the right to ownership of movable and immovable property, the right to use housing, the right to inheritance, etc.
If the deprivation of parental rights has occurred, a negligent attitude towards the child has been proven, the second parent or guardianship authorities have a difficult but vital task to determine the unborn child. The result should be the formation of a full member of society. It is good if the child has the opportunity to stay with relatives, grandparents. However, situations in which a child is sent to an orphanage are not uncommon.
What is a restriction of rights?
Not all things are possible with a positive outcome. Sometimes the claimant may be denied the claim. In the practice of the Supreme Court of Russia, cases were considered in which the defendant was issued a routine warning without being deprived of the right to raise a child, even if, on formal grounds, there was every reason. A thorough study of each situation separately may reveal that the grounds could have arisen as a result of an accidental combination of circumstances.
Also, a court decision may impose a restriction on rights when the child is taken away from the parents, but the deprivation of rights does not occur. The restriction can be reduced, for example, to meetings with the child on the days indicated by the second parent. In this case, claimants may be relatives, heads of educational organizations, a prosecutor or guardianship authorities. The imposition of a restriction on rights may be due to a number of reasons why it is not possible for a child to be with his parents. For example, if we are talking about serious illnesses, mental disorders, cases in which the grounds for the deprivation of parental rights are not fully established, and the stay of the child with the parents is unacceptable, it is fraught with consequences. In this case, the child is taken away by the guardianship authorities for up to 6 months.
After six months (possibly earlier), if the behavior of the parents remains the same, the deprivation of parental rights is likely. The court decision is made taking into account the position of the prosecutor and guardianship authorities. Parents are required to pay child support. Regarding the consequences, they are similar to those that arise when parents are deprived of their rights (lack of the possibility of raising a child by a parent, receiving benefits, responsibility for maintenance, etc.). In case of restriction of rights, communication with the parent can be preserved if there is no harmful effect on the child, as well as if the guardianship authorities (or the guardian, trustees, foster parents) do not object to these contacts. In the future, having cases of deprivation or restriction in parental rights, a person will no longer be able to act as a guardian, trustee or adoptive parent.
The lawsuit is upheld by the court. Is it possible to subsequently restore rights?
If restriction or deprivation of parental rights has occurred, practice shows that sometimes they can be restored (except in cases in which the child is already adopted). Such a circumstance is possible after six months from the date the court decision comes into force. For this, together with the applicant’s suit, it is necessary to provide the court with documentary evidence of changes in the applicant’s behavior for the better. A court with the participation of the prosecutor and guardianship authorities will consider the matter on the merits of the matter and may not only restore rights, but also return the child to parents. If the child is older than 10 years, restoration of rights can only happen with his consent, but he has the right to refuse.
Can children be transferred to custody without a court verdict?
Guardianship authorities have the right to take their children from their parents (guardians, trustees) and arrange them temporarily (until a court decision) in another place, if there is evidence of a severe violation of the provisions of the Family Code of Russia, a clear threat to the life and health of the child. The prosecutor must be informed immediately of the incident, and the relevant state executive body of the Russian Federation must issue a document on the basis of which the guardianship authority must appeal to the court within 7 days.
