Deprivation of parental rights is carried out exclusively through the court. There must be good reason and evidence of negligence or harshness on the part of parents. The procedure can be performed on the father or mother, as well as both parents. A statement of claim for the deprivation of parental rights can be drawn up and submitted to the court not only by parents or official guardians, but also even by government bodies, guardianship authorities or the prosecutor. Most often, the court first uses the restriction of the rights of parents, but if citizens are not corrected, then they can completely lose their rights to their children.
Who can file a lawsuit?
A claim for the deprivation of parental rights may be filed by different citizens. These include:
- One of the parents of the child. Most often, the initiative is manifested by the mother. A father can treat children badly, not take part in their life or even put up various obstacles to their comfortable life with his inappropriate behavior. Fathers who take drugs or abuse alcohol often lose their rights to children. A lawsuit can even be made by dad. The statement of claim for the deprivation of the parental rights of the mother is filed only if there are good reasons for creating obstacles in the communication of women with children. Moreover, all these grounds must be confirmed by official documents.
- Guardians or Trustees. Usually parents are not immediately stripped of their rights. Initially, guardianship agencies involved in the upbringing and supervision of children are appointed by the guardianship authorities. At this time, parents must correct their behavior, prepare optimal living conditions for minors, and also fulfill other requirements of the state organization. If no changes are foreseen in the lives of parents, then guardians can initiate legal proceedings to officially adopt children after their parents are deprived of their rights.
- Different government agencies with the appropriate authority. This includes prosecutors, guardianship authorities, heads of shelters, representatives of schools or kindergartens, as well as other organizations. Even if the neighbors have evidence that the parents treat the children with particular cruelty, they cannot act as plaintiffs on their own, so initially they must petition the prosecutor or guardianship authorities accordingly. Based on such a statement, a check is carried out and a decision is made on the need to appeal to the court.
Even grandparents can sue for deprivation of parental rights, but they must first formalize custody of the children.
Grounds for the procedure
A statement of claim for the deprivation of parental rights of a father or mother may be filed exclusively in conjunction with other documents confirming the legality and expediency of this process. Therefore, it is important to prove that there is a need for such an impact on the biological parents of a minor.
All the reasons why the court deprives parents of their rights to children are listed in Art. 69 SK. These include the following grounds:
- parents ignore their obligations towards children, therefore they do not care about them, do not pay child support, and also do not perform other necessary actions;
- citizens abuse their rights, therefore they affect children for negative purposes, for example, offer them alcoholic drinks, demand to steal different goods or beg for money from passers-by;
- parents abuse children, and this includes not only causing physical harm, but also moral suffering;
- decline in physical proximity;
- the commission of a crime in relation to other members of the child’s family, moreover, citizens should be held criminally liable for this crime;
- parents abuse drugs or alcohol, and addiction must be confirmed by official documents;
- citizens refuse to take a minor from a hospital, kindergarten or school, as well as another social institution.
The above list is exhaustive, therefore, other reasons cannot be the basis for depriving citizens of parental rights. But at the same time they can be used to limit these rights. The relevant lawsuit can be studied below.
Jurisdiction determination
The statement of claim for the deprivation of parental rights of parents is submitted exclusively to the district court. For this, a court is selected at the place of registration of the defendant, which may be the mother or father.
In such cases, the plaintiff under Art. 333.36 is exempted from the need to pay state fees, since the interests of minors are defended.
It is allowed to file a lawsuit at the applicant’s place of residence, but only if there is evidence that he cannot visit another region, and this is due to any serious illness, caring for a small child or poor financial condition.
If a meeting is scheduled in another city, the defendant can independently visit the courtroom or take the help of a representative, for which a power of attorney is certified by a notary. Representatives of guardianship authorities and prosecutors are certainly present at such meetings. The plaintiff may submit a request for a court order, on the basis of which witnesses are invited to the meeting or evidence is gathered in another region.
Rules for making a claim
In order to correctly draw up this document, it is recommended that you study the sample claim for the deprivation of parental rights. Civil servants have not developed specific forms with the correct structure, therefore it is allowed to use the free form. But it is important to adhere to some of the rules listed in Art. 131 GIC. This statement is necessarily divided into three parts:
- Formal It contains the full name of the court in which the lawsuit is filed. Information is provided on the plaintiff, submitted by his F. I.O., date of birth and address of residence. Additionally, information about the defendant, which is planned to be deprived of rights to his children, is indicated.
- Descriptive. This part is considered the most important in the statement of deprivation of parental rights. This describes the immediate situation presented by the reason for filing the lawsuit. For example, it is indicated that the father does not want to fulfill his duties to the children, abuses prohibited substances or other actions violates the rights or interests of minors. Be sure to leave links to various regulations governing the rules of residence of children. If the prosecutor draws up a statement of deprivation of the parental rights of biological parents, then it is indicated why this process was not performed by the legal representatives of the minor. The evidence of the available information is listed, as well as a list of documents that are an annex to the claim. The plaintiff must prove that all the claims are legitimate.
- Resolute. This part contains the direct requirements of the plaintiff. They are represented by the purpose of the statement of claim. At the end, the date of formation of the document and the signature of the applicant.
In order to avoid serious mistakes during the writing of the claim, it is advisable to study examples of claims regarding the deprivation of parental rights. They can be found in the office of the selected court. The current sample of the claim for the deprivation of parental rights can be studied below.
What applies to a lawsuit?
A statement is made in several copies, and their number may be different. This is due to the fact that documentation should be sent to each participant in the meeting. For example, if a lawsuit is filed against the father by the mother, then 5 copies are made. Recipients of the documentation are: court, father, prosecutor and guardianship representative. One copy remains with the woman.
Additional documentation is attached to the lawsuit in the court about the deprivation of parental rights. She must confirm that all the information in the lawsuit is true and relevant. Therefore, the following documents are attached:
- birth certificate or passport of a minor, depending on his age;
- certificate of marriage or divorce;
- documents containing information on what address the child lives, for which an extract from the house book is made at the place of permanent registration;
- characteristics of parents from the place of their official work;
- written testimonies of witnesses, for which neighbors, teachers, educators or other persons who communicate with children are usually involved;
- parameters of housing in which the child lives;
- a certificate obtained at a narcological dispensary if the respondent is chronically addicted to alcohol or drugs;
- a certificate issued by a psychiatric dispensary if one of the parents really has any diseases or problems;
- certificate of parental income, issued at the place of employment in the form 2-NDFL;
- other documents confirming the receipt of money in the family, for which an extract is usually requested from the bank or an agreement is being prepared to lease the property of the defendant.
Each situation uses unique documentation.
Other evidence
If one of the parents is accused of leading an immoral life, it is important to find as much evidence as possible. To do this, you need to obtain a citizen profile from the place of employment, conduct an official inspection of the dwelling, interview neighbors, and also find other evidence that the parent negatively affects the minor. If the plaintiff himself cannot obtain the necessary documents, then a petition is drawn up in court. After that, the judge independently forms requests to various organizations.
If the parent refuses to pay child support, then a corresponding certificate is requested from the bailiffs. Additionally, there should be a document stating that an individual is wanted, as he refuses to provide material support for his child.
Mandatory document is the birth certificate or passport of a minor. It is usually found with the mother or father.
If there are difficulties with the preparation of the claim, the sample of the statement of claim for the deprivation of parental rights of the mother or father is studied. Additionally, you can take the help of court employees if necessary.
Is the state duty paid?
Since the main purpose of the trial is to protect the interests or rights of the minor, then the law does not require payment of the state fee for filing a claim.
If, at the same time as the deprivation of her father’s rights, the woman wants to terminate the marriage or share the common property, then she will have to pay a fee for the consideration of additional documentation. If the marriage is dissolved, then the fee is 600 rubles.
Can a plaintiff object?
Some parents have a negative attitude to the fact that they, for various reasons, want to deprive them of their rights to children. Therefore, they constitute an objection to the claim. Usually, parents who really care about their children are interested in this, so they have evidence that they are good at their responsibilities. The features of the objection include:
- it may be filed at any time during the trial;
- its use is the legal right of the defendant;
- it is represented by a written disagreement with the claims;
- an objection may be transferred to a judge at the stage of preparing the case, directly at a court session or at intermediate moments.
It is advisable to correctly enclose the objection to attach documents confirming the defendant's correctness. The more evidence is cited, the greater the likelihood that claims will not be satisfied. All information contained in the objection must be reliable and officially confirmed, since the unfounded information does not apply to the consideration of the court.
How to prove the unfairness of the claim?
To challenge the claim, it is advisable for the defendant to prepare many documents confirming his concern for the children. This may include the following papers:
- payment documents indicating that the father or mother regularly transfers child support;
- applying for custody to resolve the conflict peacefully;
- certificate of deregistration in a narcological or psychiatric dispensary;
- appeals to the district police officer, where the request is indicated to remove the obstacles, if the father does not allow the mother to see the child;
- confirmation that the parent gave the child gifts, clothes and other items.
The evidence depends on why the plaintiff is trying to strip the parent of his rights.
Reclamation Nuances
If the claims are not satisfied, then it is allowed to re-submit the application. The process will be completed in six months. It is advisable to use a sample claim for the deprivation of parental rights so that the document does not contain any errors.
Documents are attached to the lawsuit indicating that the situation has not changed even after 6 months, so the parent must lose his rights to the minor.
If a citizen is deprived of his rights, then he can file a lawsuit to restore them.
Conclusion
Deprivation of parents' rights to children can be carried out for various reasons. The plaintiff must know how to write a statement of claim for the deprivation of parental rights, as well as what documents are attached to the claim as evidence.
The defendant may file objections with other official papers confirming his words. If the claims were not satisfied for the first time, then after six months you can re-submit a statement to the court.