In any society, the task and the primary function of parents is to educate their own children and protect their legitimate interests, taking into account the accepted norms of law, order and morality. Unfortunately, the situation in this area is far from ideal - far from all fathers and mothers are characterized by a highly developed sense of justice and parental duty.
In connection with the refusal of individual citizens to bear responsibility for the committed acts, many children from families belonging to the category of dysfunctional need additional measures to control their living conditions and livelihoods. In order to minimize the risks of the growth and development of the child (and in some cases it is directly about his survival), the state is vested with the right to take fairly stringent measures. Among them is the possibility of eliminating from childhood life the causes of the destruction of his personality and deformation of the psyche. In the event of an asocial environment, the child can be taken away from the family by introducing a restriction of rights for his parents.
When does this happen?
A measure to limit parental rights is taken when the child is at risk due to the fault of one of the parents or both. The situation of alcoholism in the family with all the consequences is the most famous and widespread - the child not only is deprived of the attention he needs, but may also be left to the mercy of fate or become a victim of adult aggression.
The list of defects found in antisocial families is not limited to alcoholism. Violations of a legal, social and moral nature - abound. The reason for taking the child out of the family is the facts of physical abuse and improper care, the criteria for which are determined by the judicial authorities in cooperation with representatives of the guardianship.
The principle on which such a right granted to the state is based states: society should bring positive adaptive skills to the child and protect him from mental trauma and distortion of moral standards in human relations.
Other occasions
In addition, there are cases when a mentally prosperous parent is in a situation of a serious illness (physical or mental), which does not allow him to provide the child with proper care and support. In such cases, parental restriction of rights is also applied as the only possible method of protecting children's interests. Each of the cases for observance of objectivity is examined and resolved exclusively in a judicial proceeding.
Similar cases can be attributed to one of two categories:
1. Life-threatening situation, provoked personally by parents (voluntarily or involuntarily), threatening the child. In this case, the responsibility lies entirely with the mother or father.
2. There is no direct fault of adults in what is happening. But the situation is developing in the most unfavorable way under the influence of force majeure circumstances.
A restriction in parental rights is introduced in cases where the court sees in the actions of adults in relation to the child unlawful elements, but good reasons for the deprivation of rights are not enough. Thus, this procedure serves as a temporary measure - an intermediate between complete well-being and a categorical deprivation of the rights of parents.
What then?
The result can be either the correction of mistakes by the last in education and a firm return to the path of strong moral principles, or the complete cessation of relations with the child.If the factors that caused the restriction in parental rights are not eliminated by the culprits, their complete deprivation will become an inevitable and logical result. So this act by the state can be considered as the last warning to adults on the topic of parental responsibility.
Having made the relevant decision, the court sends an extract about it to the registry office at the place of registration of the birth record of the child. This is done within a three-day period. The result is the lack of opportunity for delinquent citizens to participate in the educational and educational process of their own son or daughter, and sometimes to exert at least some influence on the growing personality. In difficult cases, they may be forbidden even ordinary meetings with the child, or such can only be carried out in the presence of a specialist teacher.
At the same time, one should know that, like deprivation of rights, the restriction is in no way connected with the release of the material support of the child from the need. Alimony is assigned to him in any case in accordance with Article 74 of the RF IC.
A person limited in rights to a child is allowed to meet with him in the absence of a threat to the latter that he may suffer mental, moral or other harm, as well as his health and well-being (Article 75 of the IC RF).
The role of guardianship
The decision on this issue is taken by experts of the guardianship authority. It is they who, after six months after the decision, have the right to file a statement of claim about the complete deprivation of parents' rights. This is done in the case of visual evidence of the lack of progress and the refusal of adults to embark on the path of correction and compliance with social norms.
If the rights of only one of the parents are restricted, and the powers of the other remain intact due to the proper care of the child, there is no need for the help of specialists from guardianship authorities.
As you know, according to the law, a child owns certain property. The responsibility for maintaining it in the interests of the minor falls into the hands of the guardian or under the control of the guardianship authorities. They also make arrangements for the minor in the event of his removal from the family.
Is it possible to return the rights?
The procedure for abolishing the restriction of parental rights is carried out in strict accordance with the rules prescribed in the Family Code. The possibility of such a cancellation arises only if the reasons for making a decision on the restriction are eliminated. At the same time, the desire of the child is taken into account - in the absence of such a cancellation is impossible.
When the decision is canceled by the court, in the same way, a corresponding extract is sent within three days for a note in the registry office books at the place of birth of the child.
Upon the abolition of the restriction of parental rights, a court decision is required to return the child to the parent. Only after that all contacts canceled by the court again become legally competent. The parent again gets the opportunity to use the lost benefits, allowances, etc. But most importantly - now he is given the chance to participate fully in the life of the child and protect his interests, and specialists from guardianship authorities are vested with the right to control this process.
In the event of a recurrence of a critical situation, their right is the repeated removal of the child from the family. In the future, returning to this issue will become more difficult for parents by an order of magnitude or, in general, impossible.
How to act
The regulations of the IC of the Russian Federation spell out actions that should be taken to abolish restrictions on parental rights. They are based on certain grounds. Since the fact of restriction of rights was carried out on the basis of the existing and officially proven threat of potential danger to the child in case of leaving him in the family, the absence of such a threat should now be proved.
The concept of danger to the child is differentiated by different age groups.If we are talking about middle-aged and older children, they most often pay attention to the possibility of involvement in a vicious lifestyle, the risk of corruption, involvement in addictions. For young children, dangerous situations are those in which he is deprived of basic household care.
Before talking about the abolition of the restriction of parental rights, let us consider in more detail who and under what circumstances can file a claim for such deprivation. This right is granted to the spouse of an immoral citizen or other relatives, including grandmothers, grandfathers, brothers, sisters, uncles and aunts, etc. It is not forbidden for anyone who has witnessed a threat to participate in the fate of a child from an asocial family. Most often, these are school teachers, neighbors, kindergarten teachers, doctors, etc. Each asocial family must be registered with the police and guardianship service.
When everything is bad ...
As already mentioned, a lawsuit to limit the rights of parents can also be filed in the case of a morally prosperous, but suffering from a physical or mental illness of a person. If the adult is recognized as incompetent, the child receives the status of being left without parental care.
When compiling an application for restriction of rights, it is required to indicate detailed and reliable information on the merits. In addition to the personal data of the plaintiff and defendant, as well as the name of the court and the data of the prosecutor, everything that is known about the fact of unlawful treatment of a minor should be written in detail, indicating the age and other necessary documentary data.
The application must be supported by evidence and end with a request for the removal of the child from the parent or both. The possible options for the placement of a minor (in a state institution or to someone from relatives), as well as a request for the appointment of alimony for its maintenance, are also registered there.
How to restore your rights
We now turn to the procedure for restoration of rights. It is also based on the provisions of the IC RF. This will require a court decision to abolish the restriction of parental rights. The initiative in this matter should belong to the one who is deprived of these rights. At the same time, the request should not be unfounded - strong evidence of correction is required. The delinquent parent will have to present real facts testifying to the elimination of the reason and reason for the removal of the child from him.
Such documents may include documents from the place of work (if he had previously led an asocial lifestyle), medical certificates (for example, deregistration in a narcological clinic). As evidence, the testimonies of work colleagues, neighbors and relatives are suitable.
The chances of a successful resolution of the issue are the greater, the more indisputable documents will be collected by the plaintiff. Judicial decisions on the abolition of restrictions on parental rights are taken only with full confidence in the fact of correction of the latter in its entirety. If the child reaches 10 years of age, account must be taken of his consent. If we are talking about adopted, then the abolition of restrictions on parental rights by judicial practice is not provided.
Addressing the root causes
The reason for the restoration of parental rights should lie in the same plane as the incident, which served as the reason for their restriction. The bottom line is to eliminate the most important problems of a family, medical or other nature that threatens the well-being or life of the child.
The most common condition for filing a lawsuit on the abolition of restrictions on parental rights is the requirement to refuse to take alcohol and drugs, to find a job on an ongoing basis, to eliminate scandals and other forms of family aggression, to remove from the possible environment of the child those persons whose actions threaten his life, physical or moral health.In addition, the material conditions of children's living, the availability of sufficient financial resources, the acceptable state of parental health, and a number of other requirements may be among the reasons.
How to file a claim for the abolition of parental rights restrictions
Its text is based on the arguments given in a court decision restricting these rights. The drafting of the statement should be approached in great detail, having prescribed all the attendant circumstances with detailed explanations of the fundamental change. That is precisely why there is no standard sample of an application to abolish restrictions on parental rights - each case is individual. Although there are templates for the most general scheme. One of them we provide below for our readers.
The name of the court and the personal data of those who act as the plaintiff and defendant, as well as the names and addresses of the prosecutor’s office with the name of the prosecutor and guardianship authorities are put in the header of the application. The beginning of the text mentions the reasons that led to the restriction of rights. Further, substantiated and reasoned material is provided in detail, on the basis of which the case can be reviewed.
Be sure to explain the recognition and correction of errors made during the upbringing of a minor. As evidence, the application for the abolition of the restriction of parental rights gives the place of work indicating the position and income and lists the conditions in which the child will live. In this case, reference is made to Article 72 of the RF IC and also Articles 131-132 of the Code of Civil Procedure of the Russian Federation. It is explained that the restoration of the plaintiff in parental rights is required in the interests of the child, and at the moment there are the most comfortable conditions for his life support.
Under the text of the application is a request for reinstatement and the application of two witnesses, as well as documentary evidence of the foregoing. Below as an application is a list of documents confirming the essence of what is written. The statement ends with a date and signature.