The reasons why they can withdraw children from the family
The very mention of the guardianship authorities causesadults a lot of negative emotions and this is connected with the stories about unreasonable selection of children from their parents. To protect your family from the arbitrariness of the guardian body, you should familiarize yourself with your legal rights.
Recently, the withdrawal of children from the familyoccurs not only in alcoholics and drug addicts, but also in parents who have fallen into a difficult life situation. Photo: Getty Unfortunately, at present the offspring can be withdrawn even based on absurd reasons:
- refusal of vaccination;
- complaints of "vigilant" neighbors;
- children have few toys;
- the child does not have a separate place to sleep, or perform lessons;
- restless behavior of the baby and frequent crying.
The most important reason why juveniles from a family can be withdrawn is the danger to their health and the threat to life that comes from the actions of their parents, such as:
- alcoholism;
- drug addiction;
- family violence;
- hard education;
- the exploitation of child labor;
- sexual harassment;
- involvement in a sect, or a criminal group.
The legislation does not clearly define negativethe factors by which the guardianship authorities can select children. Therefore, in some cases, guardians regard the threat to the health of the child with quite innocuous situations in the family.
The procedure for removal by the guardianship authorities
Ward has the right to take children immediately,without any warning based on Article 77 of the Criminal Code of the Russian Federation. Parents have no legal rights to interfere with this procedure, which has this structure:
- examination of complaints received;
- survey of living conditions;
- clarification for withdrawal.
Further proceedings will take place in the court, where the grounds for depriving parents of the rights with respect to minors are studied, and the interests of children are represented by the guardianship department.
Legal consequences by law
If the court granted the application for deprivationparental rights, children have the right to take care of close relatives. Parents have the right to be restored if they prove that they have changed their way of life and are able to educate their children. Deciding the rights by the court does not absolve negligent parents from paying alimony, but no court can force children to look after the aged relatives in the future. If by the time of the restoration of the parents the rights of the minor are 14 years old, the court, when making a decision, will take into account whether the child wishes to return to the biological family. Undoubtedly, legislation should be on the side of an underage child and protect his interests.
