What can they deprive of parental rights? This question has always remained relevant. What does Russian law say about this procedure? On what grounds is it produced and how is it made out? All these questions will be answered in the article.
General characteristics of the process
The most stringent legal measure that can be applied to parents (or one parent) is the deprivation of the right to raise a minor. This measure is aimed at banning the implementation of educational processes in relation to one child.
A citizen is always deprived of parental rights for an indefinite period. So, the court is not able to issue a decision according to which the parent will not be able to carry out educational functions for some clear term. Deprivation of rights to education is always indefinite.
A parent legally deprived of his rights to raise a child does not lose his maintenance responsibilities. Such a citizen still has to provide for his offspring - as a rule, financially (by timely payment of alimony).
Restriction of rights
Deprivation of the rights of parents should not be confused with their restriction. What is the difference between these two concepts? The restriction of the rights to maintain and raise a child is a prudent measure for parents who need time to “correct”. As a rule, restriction of rights does not depend on the actions of the parents themselves. For example, a mother or father can become seriously ill, get mental disorders, find themselves far from a child without the possibility of returning to him, etc. The guardianship and guardianship authorities carefully monitor their parents (or one parent) and their behavior. As soon as the citizen is fully restored, the restriction will be lifted.
Restriction of rights to the maintenance and upbringing of children is a rather peculiar procedure, and therefore it is rarely applied in Russia. Next, we will talk about the deprivation of parental rights procedure, as well as about the reasons for initiating this procedure.
Default
What can they deprive of parental rights? Russian law enshrines several main reasons why any citizen can be deprived of the right to raise a child. The first thing worth highlighting is the banal failure to fulfill parental responsibilities.
If the father or mother ignores at least the basic needs of the child, such as food, clothing, hygiene, medical or medical care, then it is obvious that the parent must lose his rights to raise the child. This also includes those cases where a parent constantly involves his child in harmful situations - drunkenness, drug addiction, immorality, disrespect for older people, etc.
A child should not stay in a family where, for example, the mother is an alcoholic and the father is an addict. This will adversely affect his future life. Separately, it is worth highlighting paragraph 1 of Art. 69 of the IC of the Russian Federation, which indicates the deprivation of non-payment of alimony, which also applies to failure to fulfill obligations.
Abuse of parental authority
The Russian Family Code also prescribes another circumstance, namely the abuse of the rights to raise a child. What exactly is it about? Abuse of parental rights is always the exploitation of a child. This may include coercion into prostitution or begging, the imposition of alcohol or drugs and other violent acts. Any parent who prefers to communicate with his child through violence and cruelty should be deprived of the right to support children. The court is obliged to respond in a timely manner to such manifestations, otherwise the pressure on the children will become systemic, and soon will completely turn into direct exploitation of the child.
Unfortunately, it is very difficult for law enforcement agencies to prove the guilt of their parents on the basis of the circumstances presented, and therefore a decision in the form of deprivation of parental rights is made quite rarely. More often, the right to raise children is simply limited.
Child abuse by parents
Art. 69 SK RF establishes one of the most common reasons for the deprivation of parental rights. It is about the use of violence against a child. Violent actions can be not only physical, but also psychological in nature. If the courts can prove that the child’s bodily injuries were left by his own ancestors, then the deprivation of parental rights will come immediately. The same goes for mental violence. A child who is often threatened, whose will is suppressed, often begins to behave inappropriately. Law enforcement agencies will have to prove that the intentional imposition of threats, fear or intimidation was carried out precisely by the parents.
If the parents did not interfere with the physical or mental abuse of their child, then restriction of parental rights may be applied to them under Article 73 of the Family Code of the Russian Federation.
Severe addiction
Parents who are drug addicts or parents who are alcoholics will certainly not be able to raise a child in a quality manner. Moreover, it is simply dangerous for children to be in families where their parents are only concerned about getting a new dose. The Family Code of the Russian Federation (“Deprivation of Parental Rights” - Article 69) does not clearly distinguish between, for example, alcoholism and drunkenness. To deprive or not to deprive of parental rights - such a question applies only to law enforcement officials.
It is worth noting that there is a huge difference between alcoholism and drunkenness. Drinking certainly implies regular drinking. But if this circumstance does not harm the optimal upbringing of the child, then cases of deprivation of parental rights will most likely not be opened.
Abandoning a child and committing a crime
Refusal of a child in a maternity hospital may be due to various reasons. So, if a mother has a disability, is seriously ill, or simply does not have housing, then a refusal to take her child with her will not be considered a basis for depriving her parental rights. And at the same time, a parent leaving a child in the care of the state without good reason will necessarily lose the right to education. This is especially true of those mothers who do not even try to arrange a child in the appropriate state institution, but simply throw him in the hospital.
Another reason for the deprivation of parental rights is the commission of a crime against a spouse, spouse or child. This includes violence, murder, attempt, suicide, as well as inaction that led to the death of one of the family members.
Why can they deprive of parental rights? As is already clear from the above reasons, for any actions or omissions that somehow harm the child. Next, we will talk about how to deprive a citizen of parental rights.
Who can initiate the question?
To start the process of deprivation of rights to raise children, someone needs initiative. Who exactly can initiate the question of deprivation of the right to raise children in accordance with the legislation of the Russian Federation? The existing legal framework regulates a rather limited circle of people. In particular, it is worth highlighting:
- one of the parents (father or mother);
- legal guardian or guardian;
- heads of the guardianship authority, a shelter, an orphanage and other organizations for the protection of children's rights;
- the prosecutor.
All these individuals are able to file a lawsuit and file it in court. The remaining citizens can act as witnesses. It is also worth noting that the opinion of the child himself is also taken into account, but only if he has reached the age of ten.
Father loses rights
What can they deprive of parental rights of a father? All the main reasons have already been mentioned above. At the same time, the most frequent and widespread circumstance by which a parent may be deprived of the right to raise children is the avoidance of paying alimony.
The fact of non-payment of alimony must be proved. This is often not so simple; for example, a father may present evidence to the court of the inability to regularly pay sums of money. For example, a parent may be reduced by work, become seriously ill, get disability, be registered with the employment service, etc. If, however, a father is still deprived of parental rights, you can think about contacting a cassation court.
There are times when the whereabouts of the father is completely unknown. Then the court has the right to contact the police and the FMS to provide information about the missing parent.
Mother loses rights
It is immediately worth noting that it is very difficult to deprive the parental rights of the mother . This is a truly extreme measure, which the court addresses very infrequently. The reason for this is quite simple: any child is very attached to his mother, no matter how terrible a person she is.
The reasons for depriving mothers of the right to raise a child are still the same as for fathers. In this case, the courts prefer to limit the mother to parental rights, but not to deprive the child of the opportunity to raise a child.
The most common reason for depriving the mother of the rights of the parent is the rejection of the child in the hospital. From a legal point of view, this is a "refusal to adopt." The so-called refusal mothers give their child to the care of the state or biological father.
The question of why a mother can be deprived of parental rights is a very difficult one. Recently, there has been a tendency towards a certain “feminization” of the judicial system: very rarely children remain with their father, and mothers rarely lose their parental rights. Whether this is good or not is a moot point. For example, in a divorce, the court prefers to “give” the child to an irresponsible mother, rather than to a wealthy and respectable father. All such decisions depend only on the judges, and therefore it will not work to refer to any specific law.
Where to go?
Having examined all the main reasons for the deprivation of parental rights, it is necessary to pay attention to the very order of the process in question. Where should one turn to, wishing to initiate the question of depriving one or another citizen of parental rights?
If there is evidence of violent acts, you should contact the law enforcement authorities. Specialists will record the damage and conduct an examination. If we are talking about non-payment of alimony, you will have to turn to the bailiffs. Guardianship and trusteeship authorities will help bring the parent to administrative or criminal liability, record the fact of alcoholism or drug addiction. If we are talking about a dysfunctional family, then the local prosecutor should deal with the matter.
Drawing up a claim
It is worth telling a little more about what constitutes a claim for the deprivation of parental rights filed in a district court.
The application form is always written. Since neither the Family nor the Civil Code enshrines any clear model, you can draw up an application in any convenient way. In this case, the following items must be present in the lawsuit:
- full name of the court to which the plaintiff submits an application;
- information about the plaintiff himself (who he is, date and place of birth, where he works, etc.);
- information about the defendant (about the person who must be deprived of parental rights);
- detailed requirements of the applicant and bringing facts of violation of rights (violence, evasion of child support, exploitation, etc.);
- list of documents attached to the claim.
The claim must be signed by the legal representative, and then sent to the district court.
Legal implications
Having dealt with the question of how to deprive a citizen of the parental rights, it is worth paying attention to the consequences of the lawsuit. The question of the consequences of deprivation of parental rights must be considered from two perspectives: the child and the parent. Here is what awaits the baby:
- possible adoption only six months after the lawful decision to deprive parents of their rights;
- full preservation of the right to inherit or use all the property of the parents.
But what are the consequences awaiting parents:
- transfer of the child to mother or father for further residence of the child and his upbringing; if both parents are deprived of their rights, the child is sent to the guardianship and guardianship authorities.
- a parent deprived of the right to raise a child is not deprived of the obligation to support him;
- a parent deprived of the right to raise a child may be evicted from the apartment by court order.
Thus, the procedure of deprivation of parental rights in Russia is built quite competently and thoughtfully, although it requires some legal amendments.