The reasons why they can withdraw children from the family
The very mention of guardianship authorities evokesadults a lot of negative emotions and this is connected with stories about unjustified taking away of children from parents. In order to protect your family from the arbitrariness of the guardianship authority, you should familiarize yourself with your legal rights.
Recently, the removal of children from familiesIt happens not only to alcoholics and drug addicts, but also to parents who find themselves in a difficult life situation. Photo: Getty Unfortunately, at present, offspring can be taken away even based on absurd reasons:
- refusal of vaccination;
- complaints from "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 compelling reason for which minors may be removed from their families is the danger to their health and the threat to their lives that arises 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 spell out the negativefactors for which children may be taken away by guardianship authorities. Therefore, in some cases, guardianship workers assess a threat to the child's health in completely harmless situations in the family.
The procedure for seizure by guardianship authorities
Guardianship has the right to take children awayimmediately, without any warning, based on Article 77 of the RF IC. Parents have no legal right to interfere with this procedure, which has the following structure:
- examination of complaints received;
- survey of living conditions;
- clarification for withdrawal.
Further proceedings will take place in court, where the grounds for depriving parents of rights in relation to minors are examined, and the interests of the children are represented by the guardianship department.
Legal consequences under the law
If the court granted the petition for deprivationparental rights, children have the right to be taken under guardianship by close relatives. Parents have the right to have their rights restored if they prove that they have changed their lifestyle and are able to raise children. Deprivation of rights by the court does not exempt negligent parents from paying alimony, but no court can force children to take care of aged relatives in the future. If by the time the parents' rights are restored the minor turns 14 years old, the court, when making a decision, will take into account whether the child wants to return to the biological family. Of course, the law should be on the side of the minor child and protect his interests.
