To the great regret, in the modern worldCivil judges and guardianship bodies are faced with such a concept as deprivation of parental rights. A large number of divorced women are increasingly turning to lawyers with the question of how to deprive the father of parental rights. Also sometimes, rarely, but still, the question arises about how to deprive the mother of parental rights. Depriving parental rights is not easy. What is necessary to know about such a process as deprivation of parental rights and how this procedure should be carried out? Is it obligatory to resort to the services of a lawyer or is it possible to cope with such a matter as depriving parental rights on your own? To answer this question, read this article carefully, and the deletion of parental rights is described in detail. Knowing this information will help you avoid unnecessary excitement and waste of time. The first thing that needs to be indicated is the circle of persons who are entitled to a lawsuit in a civil court. A similar list is established by Article 70 of the Family Code of the Russian Federation:
- Mother or father. The fact with whom the child lives together at the moment is of no importance. The initiator of such a process, as deprivation of parental rights, can equally serve both parents.
- Persons who formally replace parents - foster parents, trustees, guardians.
- The bodies whose function is the protection of the rights of the child. The bodies of guardianship, guardianship, boarding houses, orphanages.
- Commission for the Affairs of Minors (Inspection PDN).
- The prosecutor can also initiate the deprivation of parental rights.
Contrary to popular belief,relatives of the child - grandmothers, grandfathers, aunt, uncle and so on - do not have the right to apply to the court with a claim for deprivation of parental rights. The only thing they can do is apply to the guardianship and guardianship agencies with a statement that immediate measures should be taken to protect the rights and interests of the child. The guardianship and trusteeship bodies are obliged to review the application within three days, to inspect and take the necessary measures, if they are needed. Why are civil judges increasingly faced with claims of deprivation of parental rights? As a rule, in each case, in each family, their motivation is similar. However, almost all causes can be divided into three specific categories, which are described below:
- Very often one of the parents suesdeprivation of parental rights in order to be able to eliminate the existing obstacle in the form of a second parent for the adoption of the child by his step-mother or stepmother.
- Also very often the claim for deprivationparental rights of those parents who never showed any concern for the child and did not provide it financially. This is done so that in the future the careless parent does not have the opportunity to demand from an adult child material maintenance.
- Deprivation of the rights of parents leading an antisocial way of life and posing a threat to the physical and emotional state of the child.
How serious are such grounds fordeprivation of parental rights? If in the case when parents present a real real threat to their child, the need to deprive them of parental rights is not in doubt, then the first two reasons do not always cause the need to resort to such radical measures. If the parent with whom the child lives resides and the stepfather or stepmother wants to adopt the child, deprivation of parental rights is not always necessary. Contact the local guardianship and trusteeship agencies - the staff will prompt you the principle of the adoption procedure in such cases. In the same case, if the parent does not take any part in the life and upbringing of the child, it does not help him financially, in order to protect the child, after he grows up, from the claims for the payment of alimony to the elderly parent, deprivation of rights is also not necessary. If, after becoming an adult, the child receives a similar claim, he will need to file a suit with the court. In the event that it is established by the court that the parent did not take part in the upbringing and maintenance of the child, the child will be released from the obligation to keep his disabled parent. In the event that a case is considered for the deprivation and restriction of parental rights, the respondent in this case can act as both parents and one of them. In some cases, one parent is deprived of parental rights, and the other is restricted in rights. The Family Code provides for the possibility of filing a claim for the deprivation of parental rights to the parents of a child who has not reached the age of sixteen at the time of filing a claim. The order of deprivation of parental rights is standard. At the place of permanent residence of the defendant, an action is being filed for the deprivation of parental rights. In the same case, if it is not possible to establish reliably the place of his residence, the claim is filed at the place of the last known residence of the defendant's parent, or at the place where his things are located. Due to the fact that it is often impossible to locate the defendant's location, most often the father, a double claim is filed - both on deprivation of parental rights and on the assignment of alimony. Such a claim can be filed at the place of residence of the father, and he will be put on the wanted list because of non-payment of alimony. Deprivation of parental rights and alimony are often considered in one trial.
Documents required for the deprivation of parental rights
In the event that deprivation is necessaryparental rights of an alien, the procedure must take place in accordance with the laws of the country in which the child is permanently residing. This provision is regulated by the first paragraph of Article 32 of the Convention on Legal Assistance in Civil and Family Matters. Anyone who submits an application for the deprivation of parental rights must strictly follow the requirements regarding the content and form of filing a statement of claim. It is necessary to really assess whether it is appropriate to deprive parental rights in a particular case, whether it is possible to do without it. There is a list of documents that must be submitted to the court together with a lawsuit:
- A certificate of the birth of a child, or of all children in respect of which there is a question of deprivation of parental rights.
- A certificate of marriage or its dissolution, if the marriage was officially registered.
- The act of examining the living conditions of the child and each of the parents.
- Information on registration of parents and their child in form 9.
- A reference on the characteristics of the living quarters of eachfrom the parents issued under Form 7. Inquiries on Forms 7 and 9 are simply necessary if there are reasons to believe that the child will not live at the address of his permanent registration but in the rented dwelling or in the dwelling of the parent with whom he will reside .
- Documents confirming the right of parents to use a dwelling. This may be a certificate of state registration of property or a lease on housing.
- Personal characteristics obtained at the place of work of the defendant.
- Personal characteristics obtained at the place of work of the plaintiff.
- In the event that the defendant suffers from alcoholismor drug addiction, the court must provide documentary evidence on this fact - a medical report obtained at the narcological dispensary.
- Any other documents that somehow confirm any inadequate and antisocial behavior of the defendant.
- Also need to be submitted for considerationcourt documents confirming the financial situation of both the plaintiff and the defendant. Such documents can be: a certificate on form 2 of personal income tax from the work of the parent, which must be taken in the bookkeeping of your company.
- It is also necessary to provide the court with a fullreliable information, documented on all types of sources of income available to parents. This may be additional earnings, income from rented housing, interest deposits in banks and so on.
If the procedure for the deprivation of parental rights is initiated because of a threat to the health and safety of the child, the following documents are needed:
- If there has been ill-treatment of a child, it is necessary to provide documents confirming this fact.
- If there has been a deliberate crime directed against a child or other family members, the court must provide documents confirming this fact.
- Also on the review of the court it is necessary to submitpersonal characteristics from the child's place of study, in which teachers should reflect the level of the child's overall development, his psycho-emotional state, and also the fact which parent is more likely to raise a child.
- The plaintiff must take care to take all the necessary information from his district inspector.
- It is also necessary to submit to the court documents,which confirm the fact of voluntary renunciation of the child. It may be a refusal to take him from a maternity hospital, an educational institution, social protection agencies, etc.
If the defendant does not take part in the material maintenance of his minor child, the plaintiff must submit to the court:
- In the event that the recovery of alimony occurred through the court, a copy of the court decision on the recovery of alimony.
- A copy of the writ of execution concerning the recovery of alimony.
- Also need to produce a certificate of sizeowed on alimony, which must be obtained from the bailiff service. However, this is possible only if the alimony was collected through the court, or the court has already been sued for enforcing the alimony from the defendant.
- In the event that the defendant is on the wanted list, as a malicious defaulter of alimony, the plaintiff must also present a certificate about this, which can also be taken in the bailiff service.
In the event that the mother has filed a claim for deprivationparental rights of the father, the application must be written, observing certain requirements. As a rule, there are always examples of such applications in court, however, just in case, the main points that need to be described in the application are described below:
- In the header of the application it is necessary to indicate the name of the court in which the plaintiff submits the application.
- Also in the header must be indicated the claimant, his name (if it is not a private person), the address of the defendant and his telephone number.
- In the statement itself, it is necessary to describe what exactly is the non-fulfillment of one's parental responsibilities by the defendant.
- It is necessary to describe the circumstances of what is happening and the evidence of these facts.
- At the end of the application it is necessary to indicate the list of all documents attached to the application.
- Also at the bottom of the application you must put the date of his filing and your signature.
These are the basic documents for deprivationparental rights. Perhaps in a particular case, any additional documents will be needed, so the plaintiff must necessarily know this in advance. In the event that the causes of deprivation of parental rights pose a real threat to the health and even the life of the child, the guardianship and trusteeship authorities are forced to withdraw from the child's family even before the court's decision on the deprivation of parental rights. If an action is brought against only one of the parents, the place of residence of the child before the court decision is determined with the second parent.
Course of judicial investigation
During the trial the judge willfinding out exactly how both sides treat the fulfillment of their parental responsibilities - both the plaintiff and the defendant. This explains the fact that the second parent is often attracted to the trial as a third person. If during the trial the court finds it necessary to restrict the rights of the second parent, he will issue a ruling to the guardianship and trusteeship agencies, under which they are obliged to sue for the deprivation or restriction of the parental rights of the second parent. When the deprivation of parental rights is made against a child over three years of age, the child also has the right to be heard during the trial. Russian legislation does not contain an indication of what the minimum age bracket should be. In the UN Convention on the Rights of the Child, the following is said about this. A child who is able to formulate his attitude to this issue can be heard in the course of a trial in which his personal interests are affected. However, it must be remembered that the process of depriving parental rights allows hearing the opinion of the child for obtaining a more objective assessment, but is not obliged to take his opinion into account. And only after the child reaches ten years of age, his opinion is taken into account by the court when making a decision. However, in any case, the opinion of the child must be heard. And in the event that it is not taken into account for any reasons, the court must justify the refusal in writing. Why the wishes of the child were not taken into account must necessarily be reflected in the course of the trial. A child survey should not necessarily be conducted during a service meeting. The opinion of the child can be clarified in advance by educators or guardianship and trusteeship agencies. If the defendant is well aware of the consequences of deprivation of parental rights and does not want to lose them, he must cooperate with the court. He can promise that he will immediately begin treatment for alcoholism or drug addiction, get a job, stop being an antisocial way of life, give more time to the child. In such a case, the court may postpone the consideration of the case for a certain period, which the respondent needs to correct.
Consequences of deprivation of rights
Among the population is very widespreadthe erroneous opinion that the deprivation of parental rights entails a complete loss of communication with the child. However, this is not so - if parents are deprived of parental rights, this does not mean that they are exempt from the obligation to support their child. As already mentioned above, as a rule, a claim is filed with the claim for the deprivation of parental rights for the recovery of alimony for the maintenance of a minor child. However, in some cases such a claim may be absent. In such a case, the court may go beyond the limits of the claims and independently decide on the appointment of the deprived parental rights to the defendant of child support for the maintenance of the child until his majority. After depriving parents of their parental rights, the family and legal status changes, both for children and for parents. However, the information in the civil status record does not change, just as in the parents' documents there are no notes that they are deprived of parental rights. In the event that parents are not conscientious and decent, they can subsequently use their parental rights, which they already lack. Precisely in order to avoid such situations, the court is obliged to notify the bodies of the registry office in writing within three working days from the entry into force of the court decision on the deprivation of parental rights in writing. After that, they will make the necessary appropriate note on the birth certificate of the child. It is also worth mentioning about the eviction of parents deprived of parental rights. In the event that both a parent deprived of parental rights and a child living together on a non-privatized living space, and the court will conclude that it is impossible to live together, the deprived parent can be evicted without providing alternative housing. In the same case, if the apartment is in equal shares of ownership, both the child and the parent, eviction of the parent becomes impossible. In such a case, the child must be evicted. However, the ownership of the child remains for life. In addition, even if parents are deprived of parental rights, after their death, their children will be the heirs of the first stage.
Limitation of parental rights
In addition to the deprivation of parental rights, the court maylimit them. In some cases, an application for the deprivation of parental rights can be rejected by the court, and instead of it a decision was made to restrict the parental rights. A restriction on parental rights is imposed in cases where leaving a child with one of the parents or both may be dangerous for the child, but it is not enough to deprive the parent of the full grounds. Also, a court may temporarily restrict in the parental rights of a parent who has committed certain misdeeds for reasons beyond his control - for example, a mental disorder or a confluence of difficult life circumstances. As a rule, restriction of parental rights is made for a period of up to 6 months. If at the expiration of this period the parent does not repeat the previous behavior, will properly fulfill his parental responsibilities, parental rights can be restored in full. If there are no positive dynamics in the behavior of the parent - he continues to drink, lead an antisocial way of life, does not take any part in the child's life, most likely he will lose his parental rights. Also, do not forget that in the event that the guardianship and trusteeship agencies find that parents are dangerous to their child, they can take their child away from them before the court decides to deprive them of their parental rights and file this claim ahead of schedule. Restriction of parental rights is as follows:
- If the parent is restricted in his parentrights, he loses the opportunity to raise a child personally. In the same case, if the restriction of rights affects both parents, the child, for the time being until the final decision is taken, is transferred to the custody of the state.
- The rights-limited parent loses allmonetary payments of the state for the maintenance of the child - a one-time birth allowance, monthly payments of childcare allowances up to one and a half years, a monthly allowance for a child before reaching the age of majority.
- All of the above is equally true of the benefits that families with large families have.
As in the case of deprivation of parentalrights, with the restriction of such parents do not lose their obligation to support the child. In addition, the child retains his property rights, based on kinship with parents and other relatives. In the event that parents whose rights are limited, want to communicate with their children, they can be allowed contact with the child. However, this is possible only if the parents do not have the slightest negative influence on their child. Meetings with children are possible only with the permission of the guardianship and guardianship authorities, or the guardian or foster parents, or the administration of the child's institution where the child will be.
Deprivation of parental rights. Special cases
In life, very often there are situations thatdifficult to fit the standard framework. Below we will consider some particular cases in which the deprivation of parental rights is necessary. The first thing to mention is the deprivation of the parental rights of the single mother. Very often a woman thinks that this is much more difficult. However, in reality the single mother has no other advantages, except for additional benefits and cash payments. First, let's see who has the right to the title of single mother:
- If a woman gives birth and brings up a child, is not married, and the fatherhood of the child has not been formally established properly in the bodies of the REGISTRY OFFICE or by a court decision.
- If a woman gave birth to her child 300 days after the day of divorce.
- Also, if the husband's husband was recorded by the father, but the paternity was contested in court, and the court's decision that the spouse is not the father of the child has already entered into legal force.
- In addition, the status of a single mother is obtained by a woman who adopted a child and who was not officially married at the time of adoption.
Deprivation of the parental rights of a single motheroccurs according to the standard scheme and does not differ absolutely in anything. Deprivation of the parental rights of the mother of the grounds has such that are valid for any parent:
- Evasion of the mother from fulfilling her maternal duties for the upbringing and maintenance of her child.
- Refusal to take away their child from the maternity hospital, the institution of social protection of the population and other similar organizations without valid reasons.
- If a woman systematically abuses her parental rights.
- If a woman is a danger to the child's physical or mental health.
- If a woman suffers from chronic alcoholism or drug addiction.
- If a woman commits a premeditated crime against her child or other relative.
Deprivation of the parental rights of the convicted parent
Also very often women are interested in deprivationparental rights of the convicted father. There is a widespread misconception that in the event that deprivation of parental rights is necessary, the jurisdiction is a sufficiently valid reason. However, in the event that the father's crime was not directed against the child or relatives, and the father was properly performing his duties before imprisonment, deprivation of liberty can not be grounds for the deprivation of parental rights. However, it must be remembered that even deprivation of liberty does not relieve the father of the need to support his children. In places of imprisonment, convicts have the opportunity to work and earn money, from which the deduction of alimony payments will be made. And in the event that the father does not do this, the mother has the right to apply to the court with a claim for the deprivation of parental rights on the ground of evading payment of alimony.
Voluntary renunciation of parental rights
In the people there is such a thing asvoluntary deprivation of parental rights. In some cases, such information can be heard even from employees of guardianship and trusteeship agencies. However, according to the laws of the Family Code of the Russian Federation, there is no such thing as consent to the deprivation of parental rights. Deprivation of parental rights can occur only by a court decision. The parent, of course, can write a notarized consent to the deprivation of parental rights and attach to the lawsuit for consideration. However, if the deprivation of parental rights is necessary for the subsequent adoption or guardianship by a third party, the notarized consent of the parent to this will be sufficient. It is on this principle that the mother refuses her newborn child in the hospital, after which the child can be adopted.
Custody without deprivation of parental rights
No less often, parents ask the question of whether guardianship is possible without deprivation of parental rights. Usually the need for it arises in cases where:
- Parents suffer from a serious illness that does not allow them to properly fulfill their parental responsibilities.
- Parents are for some reason forced to be absent for a long time: work associated with long business trips, departure for family reasons.
Parents together with the alleged guardian shouldapply with appropriate application to the local guardianship and trusteeship authorities. Remember that custody without deprivation of parental rights does not entail any material payments from the state, since the obligation to keep the child remains on the parents. In addition, parents should take an extremely responsible approach to the issue of choosing a guardian for their child. There are a number of requirements of the guardianship and trusteeship agencies for the guardian. You will learn more about this at the local guardianship and trusteeship agency. The staff of our portal sincerely wishes that you never had to apply the knowledge gained in practice. However, life is sometimes completely unpredictable, so it is still worth taking the information you received today into service. After all, who is forewarned is armed! We advise you to read: