Questions when depriving a child of rights. Which government agencies should I contact? What can confirm abuse of parental rights?

Parents are direct defenders and patrons of their children. Throughout their lives, they give their children love, care and affection, rejoice in their successes, and experience failures together. However, not all parents always fulfill their direct responsibilities related to the maintenance and upbringing of children, thereby losing the opportunity to be responsible for their well-being. What could this lead to? And what are the grounds for deprivation parental rights?

Regulatory legal framework

Both international and Russian law guarantee at the legislative level support for the institution of the family, the equality of both parents in matters of raising children and protecting their interests. The fundamental laws are the Constitution of Russia and Family code. Deprivation of parental rights is interpreted in detail, without hidden implications, in the articles of Chapter 12 of the document on family relations.

Factors that may influence the resumption of judicial proceedings

Deprivation of parental rights of a father, mother or both parents at the same time – last resort, which can only be appointed based on the results of a court hearing when a conscious, dismissive, and disrespectful attitude towards children has been established. Moreover, a mother as a defendant is a very rare phenomenon that occurs when all the measures taken against her do not have retroactive effect, and when she can cause real harm to the health of her child.

More often there are cases of consideration of cases on the issue of deprivation (limitation) of parental rights with regards to the father, who, in turn, has every right to direct defense, especially in cases of purely formal, unsubstantiated charges. If in the case of an indecent, irresponsible lifestyle associated with the addictions of both parents and violation ethical standards, the guardianship authorities, relatives or neighbors sounded the alarm; both parents may lose their rights. It is important to remember that several children under the age of majority cannot be deprived of parental rights at the same time. A court decision is possible only for one child. And rights cannot be deprived if a parent has illnesses, including mental illnesses, for which the child is not properly cared for.

Conflicting actions in the interests of children are often a consequence of the opening of a case for deprivation of parental rights. This event is unpleasant, complex both procedurally and emotionally, and quite lengthy (sometimes it takes 3-4 court hearings or more, not counting preparatory stage), requires a comprehensive investigation, conflict analysis, legal knowledge and legal proceedings. This is one of the most difficult categories of legal proceedings. An exhaustive list of reasons is indicated in Article 69 of the document on family relationships, namely:

• malicious, long-term evasion of alimony payments, evasion of parenting responsibilities (the most common argument),
• drunkenness, drug addiction, confirmed in court by the conclusion of specialized medical institutions (common grounds),
• cruel treatment of a child or his mother: rudeness, insults, beatings, attempts on sexual integrity of a minor, etc. (although such grounds are common, they are public view, censure is not carried out from the family, as a rule, it is hidden),
• a criminal offense against a spouse or child (if there is a conviction),
• the unjustified refusal of a mother in the maternity hospital to give up her newly born child, the reluctance 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),
• inducing a child to theft, vagrancy, drug addiction, prostitution, begging, and drinking alcohol.

There are often cases in which a mother intends to collect documents to deprive the father of her child of parental rights when, after a divorce, she does not live together with her ex-husband, but is being raised as a full-fledged parent of the child by another man who is ready to adopt him. Often real father after the divorce, he ceases to show his paternal feelings towards the children, stops communicating with them, but does not abandon them. Or, pursuing the goal of annoying ex-wife, he prevents them from traveling abroad. All these motives are rather personal and take into account the interests of the child to a lesser extent, for whom the “sharing” of parents can cause irreparable damage to his psychological well-being. For the court, the parents’ hostile attitude towards each other and their sometimes unfounded accusations are of secondary importance. Must have good reasons for deprivation of parental rights listed in the paragraph above. Even one unacceptable method of education is enough to reopen the trial. Often you can find a whole complex of interconnected reasons: drunkenness of parents, beatings, insults of a child, etc. In any case, before filing a lawsuit in order to “cut off a chunk”, you should think carefully several times about possible consequences, weigh everything carefully.

Who can initiate a question?

If there are undeniable grounds for deprivation of parental rights, the regulatory legal framework regulates the filing of a claim by a limited number of persons. This list should include:

• one of the parents (mother or father);
• guardian or trustee;
• prosecutor;
• heads of structures created to protect the rights of children under the age of majority (guardianship authorities, shelters, orphanages).

Other persons can only initiate the filing of a claim, if necessary, participate in court as witnesses on both sides, but not personally submit documents to the court. Deprivation of parental rights is carried out with the mandatory participation of authorities dealing with issues of guardianship and trusteeship, as well as the prosecutor. They are directly involved in the trial, and their opinion on the advisability of an affirmative verdict will be taken into account. When considering a case, the court will play a primary role in the interests of the child. If he has already reached his 10th birthday, his opinion will be taken into account, and if this is not possible, it will be voiced by a representative. If signs of a criminal act are detected in the case, the prosecutor will be immediately informed of this fact.

Procedure for deprivation of parental rights. Where to begin?

Before going to court with a claim, it is necessary to visit the guardianship and trusteeship authorities to explain to them the reasons that prompted this decision. You must bring with you supporting certificates of the child’s birth, marriage, divorce (if any), extracts from the house register and personal account at the place of registration. You will also need a description of the deprivation of parental rights of the defendant, 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, bailiff service, medical institutions) to collect evidence and facts negative behavior. It would be useful to stock up on documents such as a forensic medical examination of beatings, witness statements, evidence of beating a child, court decisions on the collection of alimony, certificates of debts, police reports, criminal records, extracts narcological clinic, confirming the person’s registration and stay on the register.

What to provide to the court?

To open a court case, it is necessary to prepare documents for deprivation of parental rights and any evidence of inappropriate behavior of the defendant, which may play a role in the judge's decision. Correct preparation of documentation, collection of evidence with the involvement of third parties - witnesses - is half the battle. It is better to entrust a legally competent, “dry” (without emotions) defense of the plaintiff’s interests to a legally savvy professional who can handle all the subtleties and nuances of family law.

The mandatory list of documentation regulates family law. Deprivation of parental rights occurs if there is a reasoned statement of claim submitted to the court with a request for such a decision. The claim is brought at the location of the defendant. If, for example, his whereabouts are unknown, he is not properly raised and maintained, the application can be submitted at the location of the principal, and the rights of the defendant can be deprived in absentia. A child over the age of 10 has every reason and right to independently write such a statement on his own behalf. The claim should state the essence of the issue with the attached in writing circumstances and facts. It is necessary to indicate the full name, registration and residence, passport details, and telephone numbers of the plaintiff. The application must be accompanied by: copies of the child’s birth certificate, marriage and divorce, documents confirming the plaintiff’s welfare, as well as all possible certificates that are the basis for deprivation of parental rights.

What can influence the court's decision?

When making an impartial decision, the court must check the living conditions and important indicators qualities in raising a child: how physically developed the child is, whether he attends an educational organization, what his academic performance and behavior are, whether the daily routine is correct ( balanced diet, rest, Fresh air), is it required medical care? These and many other factors will make it possible to determine the manifestation of parental care in relation to the child, how well established is the psychological contact in their relationship, the communication required for the development of self-awareness, inner world child. Taking into account documents characterizing the place of residence (examination report), the applicant’s ability to work and income, as well as the conclusion of a psychologist (a conversation between a specialist and the child is mandatory), the opinion of the prosecutor and guardianship authorities on the merits of the issue will be prepared and voiced in court. The child himself, who has reached his 10th birthday, can voice his position at the meeting, but the court verdict may not coincide with it if there is a clear contradiction to the interests of the child.

The claim was satisfied. What does this mean for the defendant?

A satisfactory (positive) decision on deprivation of parental rights, which has already entered into legal force, must be sent within three days to the civil registry office in the place where the child was born. In fact, it breaks off family ties, contacts, deprives the parent of responsibilities for educational process child. Benefits and allowances assigned to the parent by the state are automatically canceled. All decisions regarding the further cohabitation of a child with a 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, in inheritance cases, or in supporting himself with adult children, is categorically excluded. At the same time, the parent retains his direct responsibility for maintaining the child (paying alimony), and the child retains the right of ownership of movable and immovable property, the right to use living space, the right to receive an inheritance, etc.

If parental rights have been deprived, a negligent attitude towards the child has been proven, the second parent or guardianship authorities have the difficult but vital task of determining the future of the child. The result should be the formation of a full-fledged member of society. It is good if the child has the opportunity to stay with relatives and grandparents. However, there are often situations in which a child is sent to Orphanage.

What is a restriction of rights?

Not all cases have a positive outcome. Sometimes an applicant's claim may be denied. In practice Supreme Court Russia considered cases in which an ordinary warning was issued against the defendant without deprivation of the rights to raise a child, even if, according to formal grounds, all the grounds were present. A thorough study of each situation separately may reveal that the grounds could have arisen as a result of a random combination of circumstances.

Also, a court decision may impose restrictions on rights when a child is taken away from his parents, but no deprivation of rights occurs. The restriction may be limited, for example, to meetings with the child on days designated by the other parent. The claimants in in this case relatives and leaders can speak educational organizations, prosecutor or guardianship authorities. The imposition of restrictions on rights may be due to a number of reasons why it is impossible 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 deprivation of parental rights are not fully established, and the child’s stay with his parents is unacceptable, fraught with consequences. In this case, the child is taken away by the guardianship authorities for a period of up to 6 months.

After six months (possibly earlier), if the parents’ behavior remains the same, deprivation of parental rights is likely. The court's decision is made taking into account the position of the prosecutor and guardianship authorities. Parents are responsible for paying child support. Regarding the consequences, they are similar to those that arise when parental rights are deprived (lack of the possibility of a parent raising a child, receiving benefits for him, obligation to maintain, etc.). If rights are limited, communication with the parent can be maintained if there is no harmful effect on the child, and also if the guardianship authorities (or guardian, trustees, adoptive parents) do not object to these contacts. In the future, if there are cases of deprivation or restriction of parental rights, a person will no longer be able to act as a guardian, trustee or adoptive parent.

The claim was satisfied by the court. Is it possible to regain my rights in the future?

If there is a restriction or deprivation of parental rights, practice shows that sometimes they can be restored (except for cases in which the child has already been adopted). This circumstance is possible after six months from the date the court decision enters into force. To do this, along with the applicant’s claim, it is necessary to submit to the court documentary evidence of changes in the applicant’s behavior in better side. The court, with the participation of the prosecutor and the guardianship and trusteeship authorities, will consider the case on the merits and may even not only restore the child’s rights, but also return the child to his parents. If the child is over 10 years old, restoration of rights can only occur with his consent, but he has the right to refuse.

Can children be handed over to guardianship authorities without a court verdict?

Guardianship authorities have the right to take children away from their parents (guardians, trustees) and place them temporarily (until a court decision) in another place if there are facts 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 immediately informed about the incident, and the authorized state executive body of the constituent entity of Russia must issue a corresponding document, on the basis of which the guardianship authority must file a claim in court within 7 days.

Parental rights, and along with them responsibilities, appear to parents immediately the moment their child is born. Or when the court made a decision in your favor to adopt a child born from other parents.

What rights do parents have?

You can talk for a very long time about what exactly is included in the concept of “parental rights” and still not be able to establish them full list. They are closely intertwined with the responsibilities of parents in raising their children. Articles 63 and 64 of the Family Code of the Russian Federation indicate the most basic and most general of them:

• the right (and responsibility) to raise, educate and develop their children,
• the duty (and right) to protect the interests and rights of your child,
• the duty (and right) to take care of health, take care of moral, physical, spiritual, mental development child.

From these three general rights and responsibilities in relation to your child, you can identify a huge number of private ones arising from them; they could be listed for a very long time. The main condition is that no matter what rights the parents have to the child, and no matter what responsibilities they have to him, they must act exclusively in the interests of their child and for his benefit.

The parent is no longer a parent

A father or mother can be deprived of their parental rights only if there are conscious guilty actions in relation to their children. For example, it will not be possible to deprive a mother of parental rights if, due to poor health, she is not able to provide daily food for her child, buy him necessary things, send him to school, etc. An exception will be diseases associated with drug and alcohol addiction. Such parents are subject to deprivation of their parental rights.

Most often, fathers fall under the threat of deprivation of parental rights. It is no secret that the mother-child bond is closer than the father-child bond. Often only the mother is able to satisfy all the basic needs of the child (with the possible exception of material ones, when the father is the head of the family, the breadwinner).

A mother who has set herself the goal of getting rid of a negligent second parent will almost always find a reason why the father can be deprived of parental rights.

There are also situations when mothers are deprived of parental rights, but this happens less frequently.

IN judicial practice There are cases when parents are deprived of their rights due to the claims of the children themselves.

It is possible to deprive parental rights of natural, biological parents (or those indicated in the child’s birth records). Regarding adoptive parents and foster parents a decision is made to cancel the adoption.

Another important condition– only a parent can be deprived of parental rights in relation to minor child or not emancipated, under the age of 18. In relation to already adult children, the parent automatically loses most of his parental rights and responsibilities.

Grounds for deprivation of parental rights

The reasons why parents are subject to deprivation of rights in relation to their children are indicated in Article 69 of the Family Code of the Russian Federation. There are six in total:

1. Avoidance of fulfilling one’s direct parental responsibilities. This includes all those responsibilities that are established family law. Failure to comply with one or more of them at once is already a reason for deprivation of parental rights. Evasion of alimony payments also applies to this point and can serve as a reason for depriving a parent of his rights, so it is worth reading.

2. Refusal to pick up your child from a medical institution (including a maternity hospital), educational institution, social welfare organization or other similar organizations without good reason.

Exception: the child is in such an institution for health reasons and medical indications. Regarding the abandonment of a newborn child in a maternity hospital, deprivation of his mother’s parental rights can only be discussed when her identity has been established and she is recorded in the “mother” column on the birth certificate. Otherwise, there is simply no one to deprive of parental rights.

3. Abuse of their rights by parents, when the child is inclined by them to begging, prostitution, drinking alcohol and drugs, etc., often for the purpose of profit.

4. Cruelty to children, expressed in beatings, infliction of pain, humiliation of human dignity, violation of sexual integrity, etc.

5. Committing an intentional crime aimed at a child or his second parent. Evasion of child support, battery, improper fulfillment of one’s parental rights are already crimes against one’s minor child. This also refers to other criminal acts that were committed intentionally, and the guilt of their commission was proven by a court convicting the parent.

6. The parent is a chronic alcoholic and drug addict, due to which he is not able to fulfill his duties normally. parenting and provide moral development your child.

Any other reasons, if they do not at least indirectly fall under those listed above, will not be grounds for deprivation of parental rights. One of these grounds or several will immediately help you understand how to deprive paternity ex-husband.

Procedure for deprivation of parental rights

It will be possible to deprive a citizen of parental rights only in court. To do this, it is enough to file a claim with any of the following persons:

• second parent
• the prosecutor who established the fact of violation of the rights of the child,
• to the guardianship and trusteeship authority, if the only parent is deprived of his rights,
• representative of the educational or medical institution, where the child is kept for health reasons or some other reasons.

The lawsuit states the reason why the child should be isolated from the parent's society due to harmful influence the latter and failure to fulfill his rights.

It is possible to exclude the guilt of behavior and challenge the deprivation of parental rights if the parent does not fulfill his duties towards the children due to independent reasons and a combination of serious circumstances. For example, mental disorder, serious illnesses etc. The exception is alcoholism and drug addiction.

If there are sufficient grounds that we indicated above, the judge will issue a decision to deprive the father (or mother) of parental rights. To do this, the court must provide all kinds of information confirming that the child’s rights were violated and parental responsibilities were not fulfilled. This could be various documents (certificates from medical institutions confirming alcohol dependence; materials from the police about beating a minor; information from the bailiff service confirming the existence of a child support debt; a court verdict accusing a parent of committing criminal act in relation to a child, etc.), witness statements, material evidence.

If at the time of consideration in court hearing In cases of deprivation of parental rights, a child is 10 years old, the court will take into account his testimony, as well as his desire or unwillingness to live with such a parent.

Often, the judge decides not to deprive parental rights, but to temporarily limit them. In this case, the parent is given time to think about his behavior, take all measures to fulfill parental responsibilities to the fullest, and recover from bad habits. If a parent takes the path of correction, the court restores his rights to the child.

After the decision to deprive paternity (or maternity) enters into legal force, within six months the child will be able to find another family and prosperous parents.

Deprivation of parental rights of the father and alimony

Providing financial support for your child is also the responsibility of the parent, including paying him alimony. Failure to fulfill this obligation is a reason to deprive the parental rights of the parent who evades paying them. If a father systematically does not pay alimony, has accumulated a huge debt, and has been repeatedly convicted under Article 157 of the Criminal Code of the Russian Federation for malicious evasion of alimony payments, this will serve as a reason for depriving him of his paternal rights. But it will not be a reason for exemption from the obligation to produce alimony payments by court decision in the future.

In addition, there is criminal liability for non-payment of alimony. More about this.

But such a parent will not be able to claim his right to receive alimony for his maintenance when he becomes elderly and disabled in relation to an already adult child.

Consequences of deprivation of parental rights

A father (or mother) deprived of parental rights loses all claims in relation to the child: the rights to upbringing, education, communication, to represent his interests in various bodies, to receive payments and benefits related to the birth and upbringing of a child, to recover from him in the future alimony for your maintenance, etc.

Once deprived of rights, a parent can never become an adoptive parent or guardian for that or another minor child.

If a child retains the right to live in the apartment of a deprived parent, to receive an inheritance after his death, etc., then the parent automatically loses such rights in relation to the child and even risks being evicted from the home if he lives in it with the child under an agreement social hiring. Such a parent also does not have the right to receive an inheritance in the event of the death of a child.

The parent will be able to return their rights if the court restores them. To do this you need to write statement of claim and provide exceptional evidence confirming that the parent has reformed and is capable of properly fulfilling his or her rights and responsibilities for raising the child in the interests of the child.

If you still have questions about why you can deprive parental rights, then ask them in the comments

The legislator has provided several ways to influence parents in order to protect the interests of minors. The most radical and extreme measure is deprivation of parental rights. Solution deprive parental rights only the court accepts. The prosecutor and the guardianship representative must participate in such hearings. At the same time, they give their conclusions regarding controversial issues.

Grounds for deprivation of parental rights according to family law

The Family Code (family law) determines that in order to begin a trial for deprivation of parental rights, it is necessary to comply with the obligations of the defendant (parent) in relation to his child, as well as the occurrence of circumstances that make it impossible to resolve the problems in any other way.

Attention: the family code assumes equal rights and responsibilities for both parents!

List of grounds for deprivation of parental rights in 2019:

1. Malicious evasion of parents from fulfilling their duties (including malicious evasion of paying alimony - read about deprivation of parental rights for non-payment of alimony).
2. Abandoned a child without a good reason.
3. Child abuse (both physical - beatings (read where and how to remove beatings correctly) and psychological)
4. Parents abuse their responsibilities - for example, they interfere with their children’s education, interfere with treatment, involve them in drunkenness, etc.
5. If the parents have committed certain illegal actions against the life and health of their child (or against their spouse), this item is only possible by a court decision.

Requirements put forward to the defendant to begin the process:

1. Be a parent. Such proceedings cannot be opened against trustees and guardians.
2. Be competent.
3. Abuse of rights by the defendant or violation of the rights of the child, including failure to fulfill parental responsibilities.
4. The age of the minor against whose parents proceedings are opened is not older than 17 years.

How can a father or mother be deprived of parental rights?

The court can deprive both the father and mother of parental rights, the reasons are stated in Art. 69 IC RF:

1. Avoidance or improper performance of parental responsibilities. This clause also includes malicious failure to pay alimony. But not every alimony debt is malicious. In what cases parental rights are deprived due to refusal of maintenance is clearly demonstrated arbitrage practice. The father or mother should have the opportunity to support the child financially, but due to reluctance they do not do this.
2. Refusal to take the child home. Can a mother be deprived of parental rights when she did not pick up the baby upon discharge from the maternity hospital? Yes, it is quite. The fact that the child was abandoned confirms the mother’s reluctance to raise him and fulfill her responsibilities.
3. Abuse of the rights of the mother or father. This can happen when the mother forbids the father to see the child. When filing a lawsuit based on the cause of abuse, one must understand in what cases a mother (father) is deprived of parental rights due to abuse of rights. It is not the fact of abuse itself that plays a role, but the fact that it harms the child.
4. Rough or cruel treatment with my son (daughter).
5. Committing a malicious crime against a child or mother (father). To appeal on this basis, it is necessary that the defendant’s guilt be proven in a criminal case and a verdict be passed.
6. Chronic drug addiction or alcoholism. This fact must be confirmed, that is, diagnosed alcoholism or drug addiction.

This list is an exhaustive list of cases in which the parental rights of a father (mother) are deprived. Other reasons cannot be used when filing a claim.

Procedural procedure for deprivation of rights

To revoke your rights, you must file a civil lawsuit. The following persons have the right to submit an application:

• second parents;
• guardian/trustee;
• guardianship officer;
• prosecutor;
• child over 14 years old;
• employees of services protecting the interests of children.

The latter include not only shelters, boarding schools and schools, but also hospitals, juvenile support centers, etc. It is worth noting that The child's relatives do not have the right to file a claim, for example, a grandmother, if she is not appointed as a guardian/trustee. Appeals to court to protect the interests of a minor, which are cases of deprivation of parental rights, are not subject to a fee.

Life after trial

If, based on the results of the meetings, a decision is made to deprive of rights, then the parents completely lose their rights, while the responsibilities of the person deprived of parental rights remain.

The law obliges parents, even after deprivation of rights, to support their children. If necessary, the court determines the amount of payments for child support. Money is transferred to the person who takes care of the child. This can be either a second parent, a guardian or an orphanage (boarding school).

After deprivation of rights, parents cannot:

• inherit a child;
• receive government assistance;
• participate in the baby’s life;
• prohibit something, for example, traveling abroad;
• live in an apartment owned by a child or other parent.

After the parents (or one) have been deprived of their rights, the baby can be adopted. Until the moment of adoption, parents deprived of parental rights are financially responsible for child support. The most common adoption when only the father or only the mother is deprived of rights is by the second spouse. The waiting period before initiating the adoption process is set at 6 months.

The procedure for restoring parental rights

The Family Code provides for a path to restoration of parental rights for the father or mother. To do this, the following conditions must be met:

• showing care for the child;
• consent of the child (10 years or more);
• absence of fact of adoption;
• the child's age is under 18 years.

In order to restore their rights, the parent needs to file a lawsuit if the conditions are appropriate and allow this to be done.

The legislator clearly defines which parents should be deprived of parental rights. It is indicated that this measure is radical. The RF IC sets the priority of preserving the family, if possible. But due to the reluctance of the parent to take care of the baby, and sometimes causing harm to a minor, such a strict mechanism for protecting children has been developed.

Bar lawyer legal protection. Specializes in handling cases related to divorce proceedings and payment of alimony. Preparation of documents, incl. assistance in compiling marriage contracts, claims for penalties, etc. More than 5 years of legal practice.

The President of the Russian Federation signed a decree establishing the post of Commissioner for Children's Rights under the head of state. Alexei Golovan, appointed to this position, promised that the new institute would effectively defend the rights of everyone specific child and assist in solving systemic issues child protection.

Parents, in accordance with the Family Code Russian Federation, have equal rights and bear equal responsibilities in relation to their children. Parents are obliged to raise their children and protect their rights and interests. Parental rights cannot be exercised in conflict with the interests of children. Parents who shirk their parental responsibilities may be deprived of parental rights.

Deprivation of parental rights is an exceptional measure entailing serious legal consequences for both the parent and his child.

According to Art. 69 of the Family Code of the Russian Federation, parents (or one of them) may be deprived of parental rights. The procedure for this procedure is described in the Family Code of the Russian Federation, as well as a list of grounds for deprivation of parental rights.

There are only 6 grounds for deprivation of parental rights, which must be supported by indisputable evidence:

1. Avoidance of parental responsibilities. parental responsibilities as malicious evasion of payment of alimony. In this case, it is not necessary that this fact be confirmed by an appropriate court verdict. It is enough to convince the court of the parent’s constant desire to evade payment of alimony, to deny their children financial support).
2. Refusal without good reasons take your child from a maternity hospital or other medical institution, educational institution, institution social protection the public or from other similar institutions.
3. Abusing your parental rights(creating conditions that make it difficult or impossible full development child, child’s education; teaching him to use alcoholic drinks, drugs; use of a child in the commission of a crime).
4. Child abuse(parental abuse of children consists not only of physical, but also mental violence against them. Physical violence- this is beating, causing physical suffering in any way. Mental violence is expressed in threats, instilling a feeling of fear, suppression of any will of the child).
5. Chronic alcoholism or drug addiction of a parent(chronic alcoholism or drug addiction of a parent must be confirmed by an appropriate medical report. Deprivation of parental rights on this basis can be carried out regardless of the recognition of the defendant as having limited legal capacity through the court).
6. Committing a deliberate crime against the life or health of a child or against the life and health of the spouse(in this case, the claim requires a court verdict confirming the crime committed).

Procedure. Deprivation of parental rights is carried out in court. The case of deprivation of parental rights is considered upon the application of one of the parents or persons replacing them, the prosecutor, as well as upon the application of the bodies or institutions charged with protecting the rights of minor children (guardianship and trusteeship authorities, commissions for minors, institutions for children - orphans and children left without parental care).

In a trial, circumstances must be proven that indisputably confirm the guilt of the parent and the fact that it is impossible to change the parent’s behavior for the better.

Deprivation of parental rights does not relieve parents from the obligation to support their child. There also remains an obligation to participate in additional expenses for the child (treatment, education, etc.).

Immediately after the deprivation of parental rights of both parents, the child falls into the category of those left without parental care. The same thing happens in cases where the second parent cannot or does not want to take full care of his child, which is revealed by the court in the process of considering a claim for deprivation of parental rights, as well as in cases where a single mother or father is deprived of parental rights raising a child without a mother.

If it is impossible to transfer the child to another parent or in the event of deprivation of parental rights of both parents, the child is transferred to the care of the guardianship and trusteeship authority. At the same time, the adoption of a child in the event of deprivation of parents (one of them) of parental rights is permitted no earlier than the expiration of six months from the date of the court decision on deprivation of the parents, or one of them, of parental rights.

Simultaneously with the decision on the issue of deprivation of parental rights, the court also decides the issue of further cohabitation of the child and parents (one of them), deprived of parental rights in the manner prescribed by the current housing legislation. Housing Code of the Russian Federation in Art. 91 provides for the possibility of eviction from residential premises provided under a social tenancy agreement, without providing another residential premises, for citizens deprived of parental rights, if the cohabitation of these citizens with children in respect of whom they are deprived of parental rights is recognized by the court as impossible. If the apartment is owned by a child or another parent, then the parent deprived of parental rights may also be evicted, because from the moment of deprivation of parental rights, he is no longer considered a member of his child’s family and such eviction is provided for by the norms of housing legislation of the Russian Federation. If a parent and child live in an apartment that belongs to them equally or the owner of the property is the parent himself, deprived of parental rights, then he is not evicted. If the court decides that it is impossible cohabitation a child with a parent deprived of parental rights, the child is moved, but the right of ownership of the residential premises and the right to reside there remains with the child for the entire time of his absence. Children of parents deprived of parental rights remain, by law, among the first-degree heirs of their parents.

Consequences. In accordance with Art. 71 of the Family Code of the Russian Federation, parents deprived of parental rights lose all rights based on the fact of relationship with children: to the personal education of their children; to communicate with the child; to protect the rights and interests of the child; to receive future maintenance from their adult children; for inheritance by law in the event of the death of a son (daughter).

Typically, persons deprived of their parental rights remember their children when they grow old and have no means of their own to support themselves. But it is no longer necessary to talk here about the continuity of generations in terms of the mutual care of the elders for the younger (and vice versa), because the connection between them was broken due to the fault of those who did not fulfill their parental duty. Therefore, adult children are exempt from paying child support to parents deprived of parental rights. For the same reasons, persons who were deprived of parental rights in relation to these children and were not restored to these rights at the time of opening of the inheritance are excluded from the list of heirs after their children. However, children have the right to bequeath their property to parents deprived of parental rights. The second group of rights that a person deprived of parental rights loses are rights associated with various types of benefits provided by the state to parents.

All consequences of deprivation of parental rights remain in force until parental rights are restored by the court. By regulating the procedure for protecting the rights and interests of a child by depriving negligent parents of their parental rights, the legislation also provides for the possibility of restoring the original situation. So, according to Art. 72 of the Family Code of the Russian Federation, parents or one of them can be restored to parental rights in cases where they have changed their behavior, lifestyle and (or) attitude towards raising a child.

Restoration of parental rights carried out in the same manner as deprivation, i.e. in judicial The basis for the court to consider the issue is the application of a parent deprived of parental rights. Cases on restoration of parental rights are considered with the participation of the guardianship and trusteeship authority, as well as the prosecutor. Simultaneously with the application for restoration of parental rights, a request for the return of the child to the parents, or one of them, may be considered. Taking into account the child’s opinion, the court has the right to refuse to satisfy the claim of the parents (one of them) for 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 years is possible only with his consent.

Restoration of parental rights if the child is adopted and the adoption has not been cancelled, is not allowed.

The material was prepared based on information from open sources

Before we talk about deprivation of parental rights and the deprivation procedure, I would like to tell you what parental rights actually are.

So, in accordance with Art. 47 of the Family Code of the Russian Federation, the rights and obligations of parents and children are based on the origin of the children, certified in the manner prescribed by law. Parental rights are the totality of the rights and responsibilities of parents to their minor children. They have equal rights and bear equal responsibilities in relation to their minor children. Parental rights are terminated when children reach the age of eighteen, as well as when minor children marry and in other cases established by law when children acquire full legal capacity before they reach adulthood. Parents have the right and responsibility to raise their children. They are responsible for the upbringing and development of their children, and are obliged to take care of the health, physical, mental, spiritual and moral development of their children. Parents have a priority right to raise their children over all other persons. It is the responsibility of parents to ensure that their children receive basic general education. Parents, taking into account the opinions of their children, have the right to choose an educational institution and the form of education for their children until their children receive basic general education.

The protection of the rights and interests of children rests with their parents. Parents are legal representatives their children and act in defense of their rights and interests in relations with any individuals and legal entities, including in the courts, without special powers.

Ensuring the interests of children should be the main concern of their parents. When exercising parental rights, parents do not have the right to cause harm to physical or mental health children and their moral development. Methods of raising children must exclude neglectful, cruel, rude, degrading treatment, insult or exploitation of children.

All issues related to the upbringing and education of children are decided by parents according to their mutual agreement based on the interests of children and taking into account the opinions of children. Parents (one of them), if there are disagreements between them, have the right to apply for resolution of these disagreements to the guardianship and trusteeship authority or to the court.

A parent living separately from the child has the right to communicate with the child, participate in his upbringing and resolve issues regarding 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 or his moral development.

Parents have the right to conclude writing agreement on the procedure for exercising parental rights by a parent living separately from the child.

A parent living separately from the child has the right to receive information about his child from educational institutions, medical institutions, social welfare institutions and other similar institutions. The provision of information may be refused only if there is a threat to the life and health of the child on the part of the parent. Refusal to provide information may be challenged in court.

Parents have the right to demand the return of the child from any person who holds him or her not on the basis of the law or on grounds court decision. In the event of a dispute, parents have the right to go to court to protect their rights.

Parents deprived of parental rights lose all rights based on the fact of relationship with the child in respect of whom they were deprived of parental rights.

2. In what cases can parental rights be deprived?

Deprivation of parental rights is carried out in court on the grounds provided for in Art. 69, 70 of the Family Code of the Russian Federation. Cases of deprivation of parental rights are considered upon the application of one of the parents; persons acting in loco parentis, the prosecutor, as well as upon applications from bodies or institutions charged with protecting the rights of minor children. Cases of deprivation of parental rights are considered with the participation of the prosecutor and the guardianship and trusteeship authority.

The law provides following cases deprivation of parental rights:

• evasion of parental responsibilities, including malicious evasion of child support;
• refusal, without good reason, to take your child from a maternity hospital (ward) or from another medical institution, educational institution, social welfare institution or other similar institutions;
• abuse of parental rights;
• cruel treatment of children, including physical or mental violence against them, attacks on their sexual integrity;
• chronic alcoholism or drug addiction;
• committing a deliberate crime against the life or health of one’s children or against the life or health of a spouse.

3. What documents are needed?

The statement of claim must be submitted in writing to district court at the defendant's place of residence. The application shall indicate the following information:

1. name of the court to which the application is filed;
2. the name of the plaintiff, his place of residence, as well as the name of the representative and his address, if the application is submitted by a representative;
3. name of the defendant, his place of residence;
4. what is the violation of the rights and or legitimate interests of the plaintiff and his demands;
5. the circumstances on which the plaintiff bases his claims and evidence supporting these circumstances;
6. list of documents attached to the application.

If the prosecutor appeals to protect the legitimate interests of a citizen, the application must contain a justification for the impossibility of bringing a claim by the citizen himself.

The statement of claim is signed by the plaintiff or his representative if he has the authority to sign the statement and present it to the court. A copy of the power of attorney is attached to the statement of claim. In addition, copies of it are attached to the statement of claim in accordance with the number of defendants and third parties; document confirming payment state duty(100 rubles - as a statement of a non-property nature); documents confirming the circumstances on which the plaintiff bases his claims, copies of these documents for defendants and third parties.

The package of documents in each case is individual and must be prepared by a lawyer, but general recommendations are as follows: duly certified copies of the marriage or divorce certificate and the child’s birth certificate must be attached to the statement of claim. You can submit to the court both notarized copies and photocopies along with the originals - in this case, the court will certify the copies itself. It is also necessary to submit a certificate from the child’s place of residence. You cannot do without written evidence - you will need certificates from the bailiff confirming evasion of alimony payments; documents confirming antisocial behavior defendant (any information about police calls, certificates from the emergency room, sick leave), information about the defendant’s condition on the relevant records (for example, drug treatment), other evidence that he is evading the fulfillment of parental rights and responsibilities. It also makes sense to submit a petition to the court with a request to request enforcement proceedings from the bailiff service. If the defendant was prosecuted for malicious evasion of alimony payments, attach a copy of the verdict.

4. What can confirm abuse of parental rights?

Cases of abuse of parental rights include cases when one of the parents prevents the other from exercising their parental rights, especially in cases where this order has already been determined by the court. When the other parent prevents the child from visiting foreign countries, where the consent of the second parent is required (most Schengen countries). In addition, despite the fact that leaving Russia is possible without the consent of the other parent, provided that one of the parents is accompanying, there are often cases when a child travels as part of a national team or a tourist group, without being accompanied by the mother. In this case, even to leave the Russian Federation, the consent of both parents is required. Refusal to give such consent may also be considered an abuse of parental rights. However, this ground alone for depriving parental rights is, unfortunately, not enough.

5. Is it possible to deprive the parental rights of a person who is simply absent from the child’s life? If so, what time of absence of a parent is sufficient reason? What can be evidence of the father’s non-participation in the child’s life?

If the defendant, without good reason, does not participate in the child’s life for more than six months and does not pay child support, as documented, it is quite possible to raise the issue of deprivation of parental rights. The testimony of witnesses, and, above all, the conclusion of the guardianship and trusteeship authority, and materials of enforcement proceedings will be important. However, I think that before filing such a claim, you still need to resolve the issue of preserving or dissolving the marriage, as well as in the prescribed manner to search for the debtor - it is quite possible that the bailiff, having established his place of residence, will oblige him to pay alimony, and the grounds for deprivation of parental rights will no longer exist.

6. Are there any cases in which the father of a child cannot be deprived of parental rights?

When making a decision, the court evaluates the evidence, determines which circumstances relevant to the consideration of the case have been established and which circumstances have not been established, what the legal relations of the parties are, what law should be applied in this case and whether the claim is subject to satisfaction. The reasons for the court decision must indicate the circumstances of the case established by the court; evidence on which the court's conclusions about these circumstances are based; reasons why the court rejects certain evidence; laws that guided the court.

Persons who do not fulfill their parental responsibilities due to a combination of difficult circumstances and other reasons beyond their control (for example, a mental disorder or other chronic illness, with the exception of persons suffering from chronic alcoholism or drug addiction) cannot be deprived of parental rights. The presence of a documented disability (registration of disability) in no way relieves the person from the obligation to pay alimony: in this case, alimony is paid from the debtor’s pension.

7. Is it possible not to deprive the child’s father of parental rights, but to limit parental rights. What is the difference?

These issues are regulated by Art. 73, 74 of the Family Code of the Russian Federation. The court may, taking into account the interests of the child, decide to take the child away from the parents (one of them) without depriving them of parental rights (limiting parental rights). Restriction of parental rights is allowed if leaving the child with the parents (one of them) is dangerous for the child due to circumstances beyond the control of the parents (one of them) (mental disorder or other chronic illness, a combination of difficult circumstances and others). Restriction of parental rights is also allowed in cases where leaving a child with parents (one of them) due to their behavior is dangerous for the child, but has not been established sufficient grounds to deprive parents (one of them) of parental rights. If the parents (one of them) do not change their behavior, the guardianship and trusteeship authority, six months after the court makes a decision to limit parental rights, is obliged to file a claim for deprivation of parental rights. In the interests of the child, the guardianship and trusteeship authority has the right to file a claim to deprive the parents (one of them) of parental rights before the expiration of this period.

Parents whose parental rights are limited by the court lose the right to personal education of the child, as well as the right to benefits and state benefits established for citizens with children. However, restriction of parental rights does not relieve parents from the obligation to support the child. A child in respect of whom the parents (one of them) have limited parental rights retains the right of ownership of residential premises or the right to use residential premises, and also retains property rights based on the fact of kinship with parents and other relatives, including the right to receive inheritance. If the parental rights of both parents are limited, the child is transferred to the care of the guardianship and trusteeship authority.

Parents whose parental rights are limited by the court may be allowed contact with the child if this does not affect the child harmful influence. Contact between parents and a child is permitted with the consent of the guardianship and trusteeship authority or with the consent of the guardian (trustee), the child's adoptive parents or the administration of the institution in which the child is located.

If the grounds on which the parents (one of them) were limited in parental rights no longer exist, the court, at the request of the parents (one of them), may make a decision to return the child to the parents (one of them) and to cancel the restrictions. The court, taking into account the child’s opinion, has the right to refuse to satisfy the claim if the return of the child to the parents (one of them) is contrary to his interests.

8. Is there any liability for violating a court decision by a person deprived of parental rights?

In accordance with Art. 79 of the Family Code of the Russian Federation, the execution of court decisions in cases related to the upbringing of children is carried out by a bailiff in the manner established by civil procedural legislation. Court decisions that have entered into legal force are binding on all public authorities and bodies without exception. local government, public associations, officials, citizens, organizations and are subject to strict execution throughout the territory of the Russian Federation.

If a parent (another person in whose care the child is) prevents the execution of a court decision, measures provided for by civil procedural legislation are applied to him. Failure to comply with a court order, as well as other manifestations of contempt of court, entails liability provided for federal law(Article 13, Part 2, 3 of the Code of Civil Procedure of the Russian Federation). And obstruction of the lawful activities of a bailiff while on duty entails the imposition of an administrative fine (Article 17.8 of the Code of Administrative Offenses of the Russian Federation).

9. How does deprivation of parental rights relate to the payment of child support?

Parents deprived of parental rights lose all rights based on the fact of kinship with the child in respect of whom they were deprived of parental rights, including the right to receive maintenance from him, as well as the right to benefits and state benefits established for citizens with children. However, deprivation of parental rights does not relieve parents from the obligation to support their child.

A child in respect of whom the parents (one of them) are deprived of parental rights retains the right of ownership of residential premises or the right to use residential premises, and also retains property rights based on the fact of kinship with parents and other relatives, including the right to inheritance .

10. Is it possible to restore parental rights?

In accordance with Art. 72 of the Family Code of the Russian Federation, parents or one of them can be restored to parental rights in cases where they have changed their behavior, lifestyle and (or) attitude towards raising a child. Restoration of parental rights is carried out in court at the request of a parent deprived of parental rights. Cases on restoration of parental rights are considered with the participation of the guardianship and trusteeship authority, as well as the prosecutor. Simultaneously with the application of the parents (one of them) for restoration of parental rights, a request for the return of the child to the parents (one of them) may be considered. The court has the right, taking into account the child’s opinion, to refuse to satisfy the claim of the parents (one of them) for 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 years is possible only with his consent. Restoration of parental rights is not allowed if the child is adopted and the adoption has not been cancelled.

Discussion

Hello
Arose urgency deprivation of father's rights eldest daughter, father she hasn’t seen him since she was 9 months old and doesn’t know him by sight, she’s 9 years old, the child lives with me, my second husband and our common son. The need arose in connection with obtaining a residence permit and further movements of the daughter in Europe and England. I will have to go to bow to him for every permission to leave. And the child has no doubt that my husband is not her father. Question: do I have a chance to win the case, and what is the sequence of actions for my husband to recognize paternity.
Thanks in advance for your response.

Hello, I have such a situation, my wife and I have not lived together for more than 3 years, we are not yet divorced, but she was deprived of parental rights in relation to 2 children due to the fact that she drank. My mother-in-law has taken custody of my daughter since I am often on business trips and my son is with my mother according to me. registration. The question is why they want to deprive me of parental rights in relation to both children, although I help financially, I am deprived of guardianship

05.25.2018 13:15:10, Andey

Hello! The father has not appeared in the child’s life for several years and has never paid child support. We were thinking about depriving parental rights, but they refused, because he is on social networks, is it possible, based on some article, to prove that this is not enough to claim that he is even alive?

04/11/2018 20:31:25, Alena10393939

Hello, please tell me we have such a problem: the children were in guardianship while their mother was in jail, but when she was freed, she did not want to live with the children, the grandmother of Podol was given half a year of probation to deprive her of parental rights, but she did not comply with them, now the guardianship authorities are scaring this grandmother that she will be deprived of parental rights, and the children will be sent to an orphanage and they will propose that the mother restore her parental rights

02/02/2018 18:32:43, Xxx

Hello! A 3-year-old child lives with his aunt, his mother is a drug addict and lives in another city and doesn’t come and you can’t bring her so it’s difficult to find her and even if you do find her, she doesn’t want to go. We want to treat her. A 2-year-old child lives in another family simply by proxy. How to do foster family how to resolve her parental rights without her

05/03/2017 06:29:25, LinaLina

Hello, today there was a trial to deprive my ex-husband of his rights. Naturally, he didn’t come. The judge said to present witnesses that he doesn’t help in raising the child, but who and the documents, but I don’t even know which ones. Please help

Hello. I have single-parent family. We have been living separately with our children's father for more than 5 years.
It so happened that I was absent for more than 2 months (I was in the militia in Donbass, I have a certificate of dismissal). The children stayed with their grandmother. She limited my rights to children. She also filed a lawsuit for deprivation of parental rights. Can the court deprive me of my rights to children? Is it worth mentioning the militia, or is it better to say that she went to another region to work? Moreover, you are planning to move and buy a home in another city.

Hello! I’ve been divorced for 5 years, I haven’t applied for alimony, and my ex-husband hasn’t seen the child for 5 years and hasn’t paid or bought anything (the child doesn’t know him). Was he obliged to pay alimony himself?
I want to deny his paternity, will it be easy to do, because... He didn’t participate in any way in his upbringing for 5 years???

Good afternoon. Question about depriving the child's father of parental rights. Divorced for 5 years, son is 6 years old. Alimony is paid according to a court decision. After the divorce, the child’s father appeared only for the first half of the year, after which he argued that it was difficult for her to see us and did not appear again. At first I tried to reason with him and convince him (he himself grew up without a father), but a year passed and I no longer saw him and no calls came. Only the ex-husband’s grandmother maintains contact with the child, so if the father and son see each other, it is only with her, but they hide this fact from me. In general, I can only guess how often they see each other. I know for sure that during these five years the child’s father never picked him up from kindergarten, did not go to the doctor, nor was in the hospital (even when I could not take sick leave under threat of dismissal, I asked through my mother-in-law that he go to the hospital), nor came to visit the child and did not call him. Now I am married, we are expecting a baby, my husband would like to adopt the eldest. Tell me, what is the chance that the child’s father will be deprived of parental rights? And does it even make sense to do this?

Hello, my husband and I are divorced and have not lived together since June 2016. He pays alimony. He was not interested in our affairs and generally said that he would disappear from our lives. He led a riotous lifestyle (drank, took drugs). I have correspondence with his friends about how they are going to spend their time. And recently he decided that he needs a child and wants to return us, but he leads the same lifestyle. He has 2 cats, a dog and a parrot at home, guests constantly sit and drink alcohol, both his friends and his parents, accordingly, there is no order. He wants to achieve communication with the child through the court, which I, naturally, do not want, because I think such behavior will harm my child. Will he be able to win the court? If I file a lawsuit to deprive him of his parental rights, will he be deprived?

30.09.2016 15:16:53, Ekaterina Aisman

Hello! My father has them all life together beats my mother, me, my brother! He harassed me whole year! I ran away from home as soon as I finished school (in 2013). Now I’m married, I have a daughter, I’m pregnant with my second child, I want to take my mother and brother with me, but they are afraid of their father. Now we have decided that they will secretly leave him for me (I live in Yekaterinburg, and they in Chusovoy Perm region). Then the mother will file for divorce and deprivation of his parental rights. They cannot do this in Chusovoy, because if mom tells him about her intentions, he can simply make her disabled! Please tell me how we can do everything correctly in order to file for divorce and deprive of parental rights, and at the same time not meet with him. He is not mentally healthy, but there is no certificate...

08/14/2016 15:44:34, Ksenia

What documents need to be collected in order to file an application in federal court to deprive the child’s father of parental rights?

08.10.2015 14:57:13, Svetlana Gamurar

Hello! Please tell me, the parents are divorced, the child lives with the mother, there are grounds to deprive the father of parental rights, will this in any way affect future fate child? (Can a father deprived of his rights legally “tarnish” the child’s biography or interfere, for example, with getting a job?)

Hello! Please help me figure out one question. They wanted to adopt a child, they were waiting for the court to deprive the parents of their parental rights. The child’s parents are alcoholics and never came to visit. We were told that in 90% of such cases there is deprivation. But recently a father showed up who wants to take him away. He says that he stopped drinking, took the path of correction, etc. We have evidence of his bad past. Will they deprive him? We really want this child!

I want to deprive my father of parental rights! But he pays child support, doesn’t beat me or anything like that! He is simply not interested in my life, my health and interests! Roughly speaking, I don’t exist for him! He left us when I was 9 months old - we got alimony through the court, + when he left us, my mother was pregnant and because she couldn’t support two children, and she At that time she was 19-20 years old, she had a turn! He knew about the child and left us! They were not married! And he is not interested in my life! But he applied for a travel ban! Having learned that I was flying to Japan to work as a model! Everything was under contract, agreed with the agent, I went to Japan! It was not slavery or prostitution! Everything is legal! Having learned about this, he immediately decided to apply for a ban on traveling abroad! I want to deprive him of parental rights! Or I read there is such a thing (parental abandonment) that I can do?

08/11/2014 01:00:56, Round

Comment on the article "Deprivation of parental rights: questions and answers"

Deprivation of parental rights in prison. Legal and legal aspects. Adoption. In case of difficulties with depriving the father of parental rights, does it make sense to deprive the family? the mother is right, and later deal with the father. It is possible (very difficult!) to deprive parental rights...

Discussion

Something like this: If you deprive the defendant of his rights on the grounds that he is in prison, then you need to understand that this will only be possible if his punishment is associated with a crime against the baby’s health or his life.

If the defendant is serving a different sentence, then you will have to turn to other grounds (the full list can be read here, the most often used are:

Alcoholism of father/mother;

Father/mother drug addiction;

Complete elimination from a child’s life, despite the absence of visible good reasons for this;

Complete lack of material support.

Deprivation of the rights of convicted persons to care for a child is a very complex and painstaking process that requires a lot of attention to details and experience with similar cases.

PRP of parents serving a sentence in a prison camp is possible in cases where the grounds for PRP arose BEFORE the parents were taken into custody.

One of my friends tried to deprive the father of her daughter of parental rights, who had NO contact with the child AT ALL for 5 years and also did not send a penny in child support. Her rights can be deprived only if she proves that the father was not interested in the child and...

Discussion

One of my friends tried to deprive the father of her daughter of parental rights, who had NO contact with the child AT ALL for 5 years and also did not send a penny in child support. So the court didn’t even accept her statement. Never (she made several attempts). And they reluctantly commented that more compelling reasons were needed to deprive parental rights.

The daughter-in-law cannot do anything. Rights can be deprived only if she proves that the father was not interested in the child and did not pay the alimony ordered by the court and does not want to pay. There is no alimony in court - which means she is happy with everything, it is presumed that dad pays it. Communication - there are witnesses that the father communicated with the child. I think what they write below is correct - she wants attention and is trying to convey some idea in such a stupid way. To be on the safe side, I would write to the guardianship on behalf of my son that I always communicated with the child, transferred alimony as agreed with my wife in such and such an amount by bank transfer and is now paying (attach a couple of copies of payment slips to the application and recent photos with my daughter), and now the ex-wife stopped allowing him to communicate with the child and promises to deprive him of parental rights. Help me please. Let the former guardian explain that she arranged this whole corda ballet because of a month’s failure to pay her money and the lack of a certain moral support ex-wife if a man actually has legal wife. Guardianship cannot do anything good or bad to anyone, but the desire to throw threats ex-wife should decrease

Deprivation of parental rights is the most extreme method. Several grounds are needed here: 1) zloty evasion of payment All this will naturally need to be proven. It’s difficult to deprive parental rights, but it’s possible. And by the way, for failure to pay child support alone...

Discussion

Deprivation of parental rights is the most extreme method. Several reasons are needed here: 1) zloty evasion from paying alimony. Min 6 months. (Keep in mind that if at least once “Father” deposited at least 500 rubles into the account, he is not a malicious defaulter. will.)
2) avoidance of parental responsibilities (parenting, meetings, communication with the child)
And there is another option: if you prove that the “Father” leads an immoral lifestyle or abuses alcohol, drugs, or has or will have a detrimental effect on the psychological and moral development of the child, then there are more chances.
Naturally, all this will need to be proven. It is difficult to deprive parental rights, but it is possible. And by the way, for failure to pay child support alone, parental rights will not be deprived. Good luck to you.

Do relatives (specifically the mother) of the child’s father, who has been deprived of parental rights, have the right to communicate with the child? Although yes, we can remember that relatives have the right to visit the child in the child care center without formalizing anything over him (i.e., they have the right to communicate, as it were...

Discussion

Let's start from the law and formal logic:
relatives of the child's father - who? - these are the relatives of the child himself.
relatives NOT of the father are therefore NOT relatives of the child
This is formal logic.
Further. According to the law, if the parents of a child are LRP, then the child is AUTOMATICALLY transferred to a children's institution (orphanage) except in cases where adult relatives (grandparents, aunts, uncles, brothers and sisters) DO NOT ESTABLISH guardianship, guardianship or adoption over him... .
Those. bubshuka The father's LRP, in order to raise a child, must REGISTER his right to do so THROUGH THE COURT. and nothing else... At the same time, a child can inherit from such relatives on a general basis.

Conclusion? The fact that you allow your child to communicate with her is solely your good will and nothing more.

After a while, a trial for deprivation of rights took place.

Sometimes with alcoholism.

He is deprived of rights, not responsibilities, and the judge, when considering the case, will still assign alimony, even if it is by order. Then use the first method. You can download the statement of claim for deprivation of parental rights using this link.

Discussion

wrote on the tray

File a lawsuit, if there is a demand only for deprivation of parental rights, then this statement of claim is filed with the court at the place of residence of the defendant, i.e. the father of the child, if there is also a demand for alimony, then you can submit it both at your place of residence (registration) and at the place of registration of the defendant. Collect everything necessary papers(extract from the house register, financial personal account or owner’s registration card from your place of residence, a copy of the child’s birth certificate, a copy of the paternity certificate (if there was one, go to school, take a reference for the child, indicating who is taking the child from school, also let them point out that dad has never been seen). Let dad appear in court and admit the claims, then everything will be resolved in one go. Go to a lawyer, have them write you a statement of claim. At the court hearing you need to bring a couple of things witnesses who will say that dad is not involved in raising the child and all that

BUT... I do not intend to deprive my blood father of his rights, since the child starts school in a year. I have collected documents for the court and will try to achieve If the child is important to him, then his rights can be protected and his parental rights will not be deprived. But he must be aware of his step, he must still...

Discussion

I don't see any problem.
Deprivation of rights in your situation will take place without problems.
But do not forget that your husband will be able to adopt a child only after 0.5-1 years (the appeal period for those deprived of rights).
Now I am adopting my wife’s daughter - the situation is 99% the same. BUT... I do not intend to deprive my blood father of his rights, since the child starts school in a year. I have collected documents for the court and will try to achieve adoption without the consent of the father. No one in our city believes in the possibility of this - neither the guardianship nor the judge. Everyone wants not to violate the rights of the blood father, but neither guardianship nor the court wants to protect the rights of the child.
However, this is in words - the trial will be in a month...
Now, too, the child is assigned the housing of the deprived parents, if such housing exists.
TeleNata’s heroic care even exchanged the biological mother’s housing for two apartments - for the biological one and for Irishka.

1. In general, they can deprive the parental rights of a parent who is not involved in the child, but... 3. It is possible to adopt a child without depriving parental rights if the father signs an Application for consent to the adoption of his child by another person (or an unspecified circle of persons).

Discussion

No, by law they cannot deprive him of parental rights. This is a very lengthy procedure, with witnesses and the participation of guardianship authorities. But if he is deprived of his parental rights, then in the future he can neither be an adoptive parent, nor a guardian, nor a foster parent.

Are patients with chronic alcoholism or drug addiction (drunk?)

There is also such a thing as
Article 73. Restriction of parental rights

1. The court may, taking into account the interests of the child, decide to take the child away from the parents (one of them) without depriving them of parental rights (limiting parental rights).

2. Restriction of parental rights is allowed if leaving a child with his parents (one of them) is dangerous for the child due to circumstances beyond the parents (one of them) (mental disorder or other chronic illness, difficult circumstances, etc.).
Restriction of parental rights is also allowed in cases where leaving a child with the parents (one of them) due to their behavior is dangerous for the child, but sufficient grounds for depriving the parents (one of them) of parental rights have not been established. If the parents (one of them) do not change their behavior, the guardianship and trusteeship authority, six months after the court makes a decision to limit parental rights, is obliged to file a claim for deprivation of parental rights. In the interests of the child, the guardianship and trusteeship authority has the right to file a claim to deprive the parents (one of them) of parental rights before the expiration of this period.

All this requires enormous nerves...

Guardianship authorities cannot make a final decision on deprivation of parental rights. They can be applicants (Article 70 of the Family Code, Procedure for deprivation of parental rights). This decision is made by the court. Article 69 of the Family Code states: "...may be deprived of parental rights if they evade the duties of parents, including malicious evasion of child support." The fact that he does not work does not in any way justify his failure to pay child support. Especially for 11 years. If he has legal capacity, then no wife can interfere with his right and duty to participate in raising his daughter. Your friend has good grounds for going to court. Any legal consultation will tell her how to act. And the everyday advice is to scare him into filing for alimony. If he does not work, the court will oblige him to pay alimony not from his income, but in a fixed sum of money (Article 83 of the Criminal Code). Moreover, they may be required to pay for the previous three years from the date of going to court. A dad like that should be scared.

06/24/2003 13:00:45, like this