The Family Code of the Russian Federation states that in relation to their children, parents have not only equal rights, but also equal responsibilities: they must raise their offspring, as well as protect their interests and rights in every possible way. The most severe legal punishment affecting one or both parents is deprivation of parental rights. This measure means a ban on the use of any methods of education in relation to a specific child. Deprivation of parental rights of a citizen always extends for an indefinite period, in other words, the court cannot rule that a parent or both parents are deprived of educational functions for a certain period, since such a decision is always valid indefinitely, unless a claim is filed and satisfied to restore these rights.

What is the difference between restriction and deprivation of parental rights?

There is also the concept of restriction of parental rights, which should not be confused with deprivation of parental rights. What is the difference between them? Restricting the rights to raise and support a child can be considered as a preventive measure for such parents who can still “correct”, but they need time to do this.

Usually, the restriction of rights does not depend on the actions of the parents themselves. The circumstances here can be very different - one of the parents is seriously ill, finds himself away from the child and cannot return to him for some time, suffers from a mental disorder, etc. In this case, the guardianship and trusteeship authorities closely monitor such parents and their behavior. If a citizen can finally fully restore his parental functions, then the restriction will be immediately lifted from him.

Limitation of parental rights is a very unique procedure that is rarely resorted to in Russia.

When can parental rights be terminated?

Deprivation of parental rights is an exceptional measure; it entails the most serious legal consequences not only for parents, but also for their children.

One or both parents may be deprived of parental rights in accordance with Article 69 of the Family Code of the Russian Federation. The procedure for this procedure is described here, as well as a list of grounds sufficient for deprivation of parental rights. To take such a strict measure there are only 6 reasons, any of them must have indisputable evidence:

• Avoidance of parents from fulfilling their responsibilities , including malicious evasion of alimony payments. This refers to repeated, that is, systematic evasion of parental duty, any skimping on caring for one’s children. At the same time, it is not necessary that the fact of systematic evasion of alimony payments be confirmed by a court verdict. The court can simply be convinced that the parent constantly seeks to evade paying child support, in other words, denies his children financial support.
• Refusal to pick up your child from a maternity hospital, medical institution, social welfare institution, educational institution and other institutions of a similar nature without good reason . Abandonment of a child within the maternity hospital can be due to various reasons. For example, if the mother is seriously ill, disabled, and does not have housing, then her refusal to pick up the child under such circumstances will not be grounds for depriving her of parental rights. But if a parent leaves his child in the care of the state without good reason, then he will certainly lose his parental rights. First of all, this applies to mothers who simply “forget” their child in the maternity hospital, and do not make any attempts to place him in the appropriate government institution.
• Abuse of parental rights: creating conditions that complicate or completely interfere with a child’s development and education, involving him in the use of drugs, alcoholic beverages, and using him as a participant in crimes.
• Child abuse. This means not only physical violence against a child, but also mental pressure. Physical violence includes beatings and physical suffering caused in any way. Mental violence is understood as instilling a feeling of fear, threats, and complete suppression of the child’s will.
• If the parent is a drug addict or chronic alcoholic , but these characteristics must be confirmed by a medical report. This basis allows the court to deprive a parent of parental rights, regardless of the fact that the court previously recognized him as having limited legal capacity.
• Committing an intentional crime directed against the health and life of the child or the second spouse. To file a claim in this case, you will need a court verdict recording the fact of the commission of a crime.

Who is authorized to initiate a case for deprivation of parental rights?

To begin the process of depriving parental rights, someone must take the initiative in this matter. Who, from the point of view of Russian legislation, has such powers? According to the existing regulatory framework, the circle of such persons is quite narrow. This includes, for example, one of the parents, a guardian or legal custodian, the heads of the shelter, guardianship, orphanage and other institutions involved in the protection of children's rights, as well as the prosecutor's office. All of these persons have the right to draw up a lawsuit and send it to court.

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As for other citizens, they can only act as witnesses. It is important to note that the opinion of the child himself is also taken into account if he has reached 9 years of age at the time of the proceedings in court.

What documents are required?

A statement of claim is submitted in writing to the district court at the defendant’s place of residence, which must reflect the following points:

• the name of the court in which the claim is filed;
• last name, first name and patronymic of the plaintiff, his residential address, and if the claim is filed by a representative of the institution, then also his name and address;
• last name, first name, patronymic and residential address of the defendant;
• what is the violation of the legitimate interests and/or rights of the plaintiff with a list of his requirements;
• the circumstances on which the plaintiff’s claims and evidence supporting them are based;
• list of documents attached to the claim.

If a prosecutor applies to protect the legitimate interests of a child, then the statement must also state the reason why the plaintiff himself cannot bring his claim.

The statement of claim is signed by the plaintiff himself or his representative, who has the authority to do so according to the law.

Attached to the statement of claim:

• copy of the power of attorney;
• as many copies of the claim as there are defendants and third parties;
• a receipt for payment of the state duty (since this is a non-property application, 100 rubles are paid here);
• documents confirming the circumstances taken by the plaintiff as the basis for the claims, copies thereof intended for defendants and third parties.

In each specific case, the package of documents is individual; it must be prepared by a lawyer. For the plaintiff, there are general recommendations: attach to the claim notarized copies of the marriage certificate or divorce certificate, as well as the child’s birth certificate.

For submission to the court, both copies certified by a notary and ordinary photocopies that go along with the original documents are suitable - in the latter case, the court itself undertakes certification of the copies.

You will also need a certificate from the child’s place of residence and written evidence:

• a certificate from the bailiff confirming the defendant’s evasion of alimony payments;
• documents indicating the antisocial behavior of the defendant (calls to the police, sick leave certificates, certificates from the point of injury);
• documents confirming the defendant’s registration with drug and other drug addicts;
• any other evidence that the defendant is maliciously avoiding fulfilling the responsibilities of a parent.

It would also be useful to submit a petition to the court regarding the request for enforcement proceedings in the bailiff service. And if the defendant was prosecuted for malicious evasion of alimony payments, then a copy of the relevant verdict should be attached.

Procedure for deprivation of parental rights

Deprivation of parental rights occurs in court after filing a corresponding claim. During legal proceedings, the plaintiff must provide evidence that would indisputably confirm the defendant’s guilt, as well as the evidence that it is impossible to expect a change in the defendant’s behavior for the better.

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Parents deprived of parental rights by law are, however, not exempt from the obligation to support children; in addition, they are required to participate in additional expenses for children (education, treatment, etc.).

As soon as the parents lose their rights in relation to the child, he is automatically included in the category of children left without parental care. The same thing happens when the second parent, who has not been deprived of parental rights, does not want or is unable to fully take full care of the child - this is simultaneously clarified during the consideration of the application for deprivation of parental rights. The same is done when a single mother or father who raised a child alone is deprived of parental rights. In all these cases, the child comes into the care of the guardianship and trusteeship authority. At the same time, such a child can be adopted no earlier than 6 months have passed after the court has passed a verdict on deprivation of parental rights.

Place of residence of the child

When deciding the issue of deprivation of parental rights, the court simultaneously determines the possibility of the child’s continued residence with parents (or one of them), who will already be deprived of parental rights in accordance with the current housing legislation. In accordance with the Housing Code of the Russian Federation, Art. 91 citizens, if, by a court decision, it is not possible for them to live together with their children, in respect of whom they have been deprived of parental rights, living in the premises under the terms of a social tenancy agreement, they are evicted without providing them with other housing.

If the apartment is owned by a child or another parent, then the parent deprived of parental rights can also be evicted from it, since after deprivation of parental rights he ceases to be a member of the child’s family; such eviction is provided for by the norms of Russian housing legislation. If the parent deprived of rights and his child are the owners of their apartment in equal shares, or only this parent himself is the owner, then he cannot be evicted. If there is a court decision on the impossibility of living together between a parent and a child deprived of parental rights, then the child is resettled, however, his right to live there and the right of ownership of this housing remains with the child for the entire period of his absence there. If parents are deprived of parental rights, then their children still remain first-degree heirs.

What evidence can there be of parents abusing their rights?

Abuse of parental rights can take many different forms. For example, one of the parents prevents the other from exercising parental rights, especially in cases where the court has already determined this order. A parent can also prevent their child from traveling abroad for which his consent is required (this is true for almost all Schengen countries).

Despite the fact that the consent of the second parent is not required to leave Russia in cases where the child is accompanied by the first parent, there are many cases when a child travels abroad unaccompanied by a parent (as part of a tourist group or sports team). In such cases, the consent of both parents is required for the child to leave. If one of the parents refuses to give such consent, then this fact can also be considered as an abuse of their rights by the parents. But such a basis, if it is the only one, cannot become a reason for deprivation of parental rights.

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Is it possible to deprive parental rights of a parent who does not take any part in the life of his child?

This is a fairly common question that involves others:

• How long must a parent be absent for this to be grounds for deprivation of parental rights?
• How can you confirm a father's non-involvement in his child's daily life?

If, without good reason, the defendant does not pay child support for more than six months and does not participate in the life of the child, and there is documentary evidence of this, then in this case the question of depriving him of parental rights can already be raised. Here, the testimony of witnesses and especially the guardianship and trusteeship authority, as well as materials of enforcement proceedings will be taken into account. But before bringing forward such a claim, the issue must be resolved - to maintain the marriage or dissolve it, and, in addition, to search for the alimony defaulter in the prescribed manner. After all, it may happen that when the bailiff finds the defendant’s place of residence, he will be able to oblige him to pay alimony, in which case there will be no grounds for depriving him of parental rights.

Are there circumstances under which a father cannot be deprived of parental rights?

Parental rights cannot be deprived of those persons who do not fulfill their parental responsibilities due to a combination of difficult circumstances and for reasons beyond their control (chronic illnesses, mental disorders, but not drug addiction or chronic alcoholism). Even if the defendant presents his documented disability (certificate of disability), this in no way constitutes an exemption for him from paying alimony, simply in this case it is withheld from his disability pension.

What are the consequences of deprivation of parental rights?

In accordance with Article 71 of the Family Code of the Russian Federation, deprivation of parents of parental rights means that they lose all rights based on the fact of kinship with their children: they cannot personally raise them, cannot communicate, and protect their interests and rights. Parents deprived of rights cannot subsequently claim to receive maintenance from their adult children, and in the event of their death, they are deprived of inheritance rights to their property.

Very often, people deprived of parental rights remember their children only when old age approaches, in cases where they are deprived of their own means of subsistence. But here it is no longer inappropriate to talk about the continuity of generations in terms of the care of elders for the younger and vice versa, since this connection was de facto lost long ago precisely due to the fault of parents who forgot about their duty to their children. Therefore, adult children are not awarded child support if their parents were once deprived of parental rights. For the same reason, parents deprived of their rights are excluded from the list of heirs of their own children, if at the time of opening of the inheritance their parental rights were not restored. But the children themselves have every right to bequeath their property to their deprived parents.

In addition, parents deprived of parental rights are also deprived of their rights to various benefits that the state provides to parents.

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Until parental rights are restored in court, all the negative consequences of deprivation of parental rights for them remain.

Is it possible to restore parental rights?

But taking care of respecting the rights and interests of children and depriving negligent parents of the corresponding rights, the legislation leaves for them the possibility of restoring these same rights. Article 72 of the Family Code of the Russian Federation states that if the behavior of the lifestyle and attitude towards raising a child changes in a positive direction, parents deprived of parental rights can be restored to them.

The process of restoring parental rights also occurs in court; to initiate it, a statement from the most affected parent is required. Representatives of the guardianship and trusteeship authority, as well as the prosecutor, are required to participate in processes regarding the restoration of parental rights. Together with the application of one or both parents for the restoration of their parental rights, a demand for the return of the child to the parents or one of them may be considered. The court may, taking into account the child’s opinion, refuse to satisfy the parents’ claim if the restoration of parental rights conflicts with the interests of the child. If we are talking about restoring parental rights in relation to a child who was 10 years old at the time of the proceedings, then a positive decision is possible only after his consent. If the child was adopted by someone during this time, and this adoption was not cancelled, then in this case the restoration of parental rights by the biological parents will be impossible.

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The essence. He gets on your nerves, and as soon as you gathered your courage and filed a lawsuit to determine the child’s place of residence, he began to threaten with deprivation of parental rights?

Explanation. Deprivation of parental rights is a complex procedure and is used as an extreme measure of influence on a parent who does not show any interest in the child, does not care about the upbringing, education, health of the child, and harms his emotional, psychological and physical development. The legislation provides an exceptional list of circumstances for deprivation of parental rights. For example, the mother (father) is a chronic alcoholic or drug addict, abuses the child, forces him to wander, or even does not take him out of the maternity hospital without a good reason.

Advice. A loving and caring mother will not be deprived of her parental rights, so you can rest assured.

Myth 2. The mother of a child cannot be deprived of parental rights

The essence. Do you brush off threats that mothers are not deprived of parental rights at all?

Explanation. Deprivation of a mother's parental rights is extremely rare, but it does happen. For example, a mother abuses alcohol, leads an immoral lifestyle, uses physical violence, or even committed a crime against her child. In general, Ukrainian practice supports the concept of raising a child in a family with a mother. A child can be taken away from his mother and deprived of parental rights only in exceptional cases.

Advice. Breathe deeply and remember: this only happens in exceptional cases. This does not concern a mother who cares about the material well-being and harmonious development of her child.

Myth 3. Can I be deprived of parental rights due to lack of personal income?

The essence. Your husband says that as long as you have no income, you cannot be entrusted with a child?

Explanation. Lack of income is not grounds for deprivation of parental rights. A woman may be on maternity leave, receiving alimony from her ex-husband for the child, and in some cases for herself, or simply not working, taking care of the house and raising the child.

Advice. You are doing the much more important job of being a “mom.” You can remind him of his obligations as a father.

Myth 4. The ex-husband is not interested in the child and does not pay child support. I will file a lawsuit to deprive him of his parental rights

The essence. Your father limited himself to biological participation, and you decided to deprive him of parental rights? There is a high probability of wasting energy.

Explanation. If he does not communicate with the child and does not pay child support, but does this simply by ignoring his parental responsibilities, then the attempt to deprive the father of parental rights will not be successful. To deprive parental rights, more compelling reasons are needed, indicating that he deliberately avoids communication with the child, constantly rejects the desire of the mother and child to spend time together, avoids paying child support with sufficient financial resources, and harms the psychological and physical development of the child.

Advice. Bring him to justice for failure to pay child support. There must be at least some benefit from such a father!

Myth 5. The whereabouts of the father are unknown. I am depriving him of parental rights in order to travel abroad with the child without permission.

The essence. I will decide on my own where and when my baby and I will go!
Explanation. The absence of a father and information about his whereabouts is not grounds for deprivation of parental rights. One of the options for the unhindered travel of a mother and child abroad may indeed be a court decision to deprive the father of parental rights. However, obtaining such a solution is extremely difficult. It is necessary to prove the grounds for deprivation of parental rights, obtain a conclusion from the guardianship authorities on the need to deprive the father of parental rights, and go through a lengthy judicial procedure. In the case of a child traveling abroad, such actions are not justified.

Advice. In order not to wait for the child to turn sixteen, consider alternative options: a court decision to allow the child to travel abroad without the consent of the father or a decision to recognize the father as missing.

Anything can happen, so take care of your children and family warmth. And let love and mutual understanding fill life with bright colors!

Irina Moroz, lawyer, partner at AGA Partners
Olga Kuchmienko, junior lawyer at AGA Partners

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Depriving one of the parents of the rights to a child is an extremely unpleasant matter. Especially when it comes to the mother. Contrary to the popular belief that only alcoholics, drug addicts and child support defaulters can be deprived of parental rights, practice shows the opposite.

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In fact, there are many more reasons for terminating family ties between mother and child. Their complete list is presented in the Russian Federation.

What it is

Deprivation of parental rights to a mother is a legal procedure aimed at removing a parent from the process of raising a child. In essence, this is a legal termination of family ties between them.

Deprivation of parental rights is a very severe measure applied to a mother who dishonestly fulfills her responsibilities towards her children.

As a rule, it is used only in the most extreme cases, when there is no other way to solve the problem. For example, when there is a serious threat to the life and health of a minor.

If the court nevertheless decides to deprive the mother of the opportunity to exercise her rights and responsibilities as a parent, then from the moment it enters into legal force she loses them for an indefinite period.

The primary goal of this procedure is to restore the child’s normal life and protect his rights and health.

The loss of rights by a mother in relation to a minor does not mean that her responsibilities also cease. On the contrary, she must still provide for her child (Family Code of the Russian Federation).

Grounds

The current legislation in general and the Family Code of the Russian Federation in particular do not separate the rights and responsibilities of the mother and father regarding the child. The reasons for depriving them of these rights are no different.

For both parents they are common and are dictated by the Family Code of the Russian Federation. The list of grounds is closed; its expansion or deprivation of rights on other grounds is not allowed.

The reasons for launching a legal mechanism in relation to the parent may be:

In practice, mothers are much less likely to be deprived of parental rights than fathers. Judges do this only when there is truly irrefutable evidence and confirmation of her dishonest attitude towards her maternal responsibilities.

Some of the points listed are quite ambiguous. For example, abuse of parental rights to a child.

A situation is possible when a minor lives with his father, and they want to go abroad together, or the parent decides to send the child on vacation outside the country.

The mother may not give permission for this, and then the trip will not take place. In fact, her actions can be considered precisely as an abuse of rights to the child. However, it is unlikely that the court will deprive her of parental rights on this basis.

The same applies to avoidance of parental responsibilities and non-participation in raising a child.

This fact also needs to be confirmed with specific facts. In addition, before going to court, the other parent must make attempts to improve the situation.

For example, if a child is in the custody of the father, and the mother does not see him and avoids paying child support, then the parent must:

• invite your ex-wife to meet your child;
• make attempts to find her (if she is hiding);
• contact the bailiffs to search for her and collect arrears of alimony from her.

Only after this does it make sense to try to deprive the mother of parental rights. If no action has been taken to change the situation for the better, then the court is unlikely to take this extreme measure.

The situation is different with maternal alcoholism, drug addiction and abuse.

But even here the court does not always immediately proceed to radical action. Sometimes a woman is given the opportunity to improve. At this time, she is only limited in her rights to the child.

Required documents

In order for the court to deprive the mother of her rights to the child, it is enough to prove at least one of the points of Article 69 of the RF IC.

If the initiators are relatives of a minor, then they need to apply to the guardianship and trusteeship authorities or to an institution involved in protecting the rights of children.

There the appeal must be considered within three days and a definite decision must be made. Based on it, the case is referred to the court for consideration. Or a certain period may be assigned to monitor the situation in the family.

If the child’s father files a claim with the court, he must first prepare the necessary package of documents:

1. If the child’s parents were officially married, then you must provide a certificate of registration (or divorce);
2. Child's birth certificate;
3. Conclusions received from the guardianship authority on the living conditions of each of the parents (or an inspection report of the residential premises where the child will live);
4. Characteristics of the mother from her place of work (it is advisable to also provide a characteristic of the father);
5. Certificates of income of both parents;
6. A medical report confirming the woman’s alcoholism or drug addiction;
7. Testimony from neighbors, kindergarten teachers, teachers from the school where the child is studying, characterizing the parent from the negative side;
8. A medical report indicating harm to the health of the child or his father;
9. The conclusion of the guardianship authorities or the juvenile affairs department about the identity of the mother and her qualities as a parent;
10. A police certificate confirming that the mother caused harm or threatened the life of the child and the other parent.

In each specific case, the list of documents may be reduced or expanded. But even the provision of a full package of documentary evidence cannot guarantee the deprivation of a woman of her rights to a child (Resolution of the Plenum of the Supreme Court of the Russian Federation of May 27, 1998 “On the application of legislation by courts in resolving disputes related to raising children”).

In what cases can parental rights not be deprived?

There are situations when a mother cannot be deprived of parental rights. For example, when there are no significant grounds for this or there is no irrefutable evidence of her failure to fulfill parental responsibilities.

In addition, the court must first find out the reasons for the current state of affairs. After all, a woman’s behavior can be a consequence of difficult life circumstances or other reasons that are absolutely independent of her will.

For example, she may be seriously ill or suffer from a mental disorder.

In this case, she does not have the opportunity to raise her child. But no one will deprive her of her rights to him for this.

But even if it is established that a woman has a disability group, she is not exempt from the obligation to financially provide for the child. In this case, alimony will be taken from the disability pension.

Restriction of rights

In cases where the mother is not deprived of parental rights, but leaving the child with her jeopardizes his physical and psychological health, the court limits the parent’s rights to him.

This forced measure is also regulated by the Family Code of the Russian Federation. Speaking to protect the interests of a minor, the judge may decide to take the child away from the parent.

His close relatives, father, prosecutor, representatives of guardianship authorities, and other organizations listed in the Family Code of the Russian Federation can file a claim for restriction of rights to a child.

Most often, this is necessary when the child is in danger from the mother for reasons beyond her control. These include:

• mental disorder,
• chronic illness,
• difficult life situation or coincidence.

Also, the restriction of the mother’s rights is applied as a result of her inappropriate behavior, which is dangerous for a minor, but there are no compelling reasons for depriving her of her rights.

If her behavior does not change within six months, then the guardianship authorities are obliged to petition for her removal from raising the child and participating in his life.

Restriction of parental rights for a mother means a ban on her participation in raising a child. As well as the termination of receiving various benefits, the right to which arises upon the birth of children.

But this does not at all exclude her obligations to pay alimony. Unlike deprivation of parental rights, the restrictive measure is temporary and can be lifted if the parent corrects herself.

But while the mother’s rights as a parent are limited, the child will live with the father or another relative.

If this is not possible, then he is transferred to the guardianship and trusteeship authorities for temporary upbringing and maintenance.

The judicial authorities, guided by the norms of the Family Code, take the side of the child, regardless of the situation and situation in the family.

If there are all the necessary grounds and there is a real threat to a minor, a woman may be deprived of parental rights.

But during this procedure, it is important to remember what role the mother plays in the child’s life and act solely in his interests.

Video: Deprivation of parental rights (Mother abandoned child at the entrance)

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In accordance with the legislation of the Russian Federation, each parent is obliged to perform certain actions to provide for and develop their children. Parents must raise and support their children.

Refusal to fulfill one's obligations entails restriction or deprivation of parental rights. Such issues are considered only in court.

From the moment the court decision comes into force, both parents and children experience the consequences of deprivation of parental rights.

The consequences of deprivation of parental rights are the loss of rights to the child, provoked by the negative behavior of parents and leading an immoral lifestyle.

Termination of parental rights is a last resort. As a result of the lawsuit, the mother or father will lose the following:

• all rights that previously arose only due to kinship with the child by blood;
• the right to receive benefits, alimony and various benefits that are provided by the state in the presence of a child;
• rights to receive future child support.

Despite this, neither deprivation nor restriction of parental rights relieves parents from fulfilling their responsibilities towards their child.

The consequences of deprivation of parental rights for a child are as follows:

1. The child retains the right of ownership or right of use in relation to the residential premises.
2. The child has the right to receive the inheritance of his parents and other relatives.

It is quite logical that the legislation excludes from the list of heirs of children such mothers and fathers who were deprived of parental rights.

Depriving parents of rights and responsibilities in relation to the child, the law establishes the appropriate procedure.

It lies in the fact that it does not matter who takes care of the child - a second parent, a foster family, a guardian, a trustee, or a representative of an orphanage.

The administration of the institution and the listed persons with whom the child lives have the right to file a claim against the mother or father. In this application, they can demand the recovery of alimony from the parents for raising the child.

Since a mother or father deprived of their rights is required to participate in additional expenses for the child. This also applies to parents who have been subject to restrictions on parental rights.

In the case where a child lives with a mother or father who has been deprived of parental rights, the court simultaneously considers and decides the question of whether it is possible for them to continue living in the same living space.

When considering a case, the judge makes a decision based on certain circumstances and the grounds on which the housing was obtained.

If parents and children live in premises that are on the balance sheet of municipal or state bodies, then deprivation of the parents’ rights is grounds for their eviction without the provision of other living quarters.

When parents are restricted in their rights, they can live with their children after the restriction is lifted. The same basis applies to a mother and father who are deprived of parental rights and live in a house owned by their child.

But in the case when the family lives in an apartment, which is common property or the property of a parent deprived of rights, it is impossible to evict him from his property. Then the child should be provided with separate living quarters.

In most cases, children are moved to a parent who has retained their rights. If both mom and dad are deprived of parental rights, the children are taken to an orphanage.

When a child is transferred to an orphanage, he retains the right of ownership or the right to use the housing of the parent deprived of his rights.

Thus, the legislation provides for such a procedure that when parents are deprived of their rights, no one can deprive the child of his property.

Video: Deprivation of parental rights

The 2019 legislation of the Russian Federation does not accept the voluntary renunciation of their rights by parents regarding their children; such a process is not provided for. Denial of paternity is also deprivation of parental rights.

The difference is that deprivation of parental rights is a forced procedure when the child’s father does not shirk his responsibilities. And renunciation of paternity is the voluntary deprivation of a father of his rights in relation to his own children.

This means that both parents agree that the father ceases to be such. Such issues are considered exclusively in court.

By renouncing paternity, a citizen must transfer his rights to the child to another person. There are various reasons for relinquishing parental rights.

But the main ones are highlighted:

1. Exemption of the father from paying child support.
2. The mother's reluctance for the unlucky father to take part in raising the child.

It is worth considering that if a father renounces parental rights just like that, and not in favor of another person, then this does not exempt him from paying child support.

The obligation to pay is removed only if the child is immediately adopted by another person who is the mother’s husband.

There are also families in which the head of the family suppresses the rights of his child so much that the mother is ready to ask her husband to renounce his rights; this is done solely in the interests of the child.

Giving up the parental rights of the father voluntarily also has its consequences. Such a parent may even have limited contact with the child if the mother provides evidence of the father’s negative impact on his health.

In this case, the following must be taken into account:

1. A father deprived of his rights should not participate in the life and upbringing of his children.
2. He has only one responsibility - to pay alimony.
3. The child has the right to receive the inheritance of such a father.

In order for a father to opt out, he must sign a release for his child to be adopted by someone other than the biological father. Such actions are possible in relation to a newborn and a minor.

In the event that the refusal occurs forcibly, a claim for deprivation of parental rights of the father can be filed by:

• mother of the child;
• prosecutor;
• child protection.

If the plaintiff voluntarily renounces parental rights, then in the application for refusal he must indicate:

Having become familiar with this claim, the guardianship authorities file an application with the court against such parent.

There is no specifically established form of claim, but it must be drawn up in accordance with the law.

It contains the following information:

If the child is already 10 years old, he has the right to familiarize himself with the claim. When filing an application for deprivation of parental rights, the plaintiff must pay a state fee in the amount of 300 rubles.

Restriction of parental rights is a temporary measure.

In this case, the child is transferred to be raised by another relative, without revoking the parental rights of the parent himself.

The basis for such a procedure is the corresponding court decision. In this case, the rights of the parent are limited only for six months.

If during this period the blood relative’s behavior does not change, he will be deprived of parental rights.

Limiting parents' rights does not relieve them of their responsibilities. Therefore, for the entire duration of the restriction, alimony for the maintenance of the child is collected from the parents.

The consequences of restricting parental rights are that the parent can no longer do the following:

• educate and defend the interests of the child;
• receive funds and benefits intended for families with children;
• be a guardian of other children or adopt them.

Meetings and telephone conversations with the child during the period established by law can only be with the consent of the second parent, whose rights are preserved.

If a mother and father have limited rights regarding their children, then communication with children is possible with the permission of a temporary guardian or child care institution where the child is located.

In this case, the opinion and consent of the child himself will be taken into account. Communication with children is possible and allowed, but not mandatory.

The legal consequences of limiting parental rights lead to the fact that the parent retains only property rights. He will lose them only if he is deprived of rights regarding his children.

The legislation allows you to support a child financially and claim property after his death. The child retains property rights, the right to inheritance and living space.

Video: Restriction on parental rights of father (mother)

If parents do not fulfill their obligations regarding their children, their parental rights are limited or deprived. In both cases, the consequences of the measures taken will affect both the parents and the child.

Restriction of rights is temporary, and deprivation of rights is indefinite. The consequences of the restriction are significantly narrower compared to the consequences of deprivation of parental rights.

The procedure for depriving a father of parental rights is an unpleasant matter, but in some cases the mother simply has no other choice. In this situation, you need to use common sense and try to abstract yourself from resentment towards your ex or current husband; We must not forget about the evidence base. It must be strong, with expert opinions and testimony.

Reasons for deprivation of paternity may be cases strictly specified in the Insurance Code. If the claim is not satisfied, there is always the possibility of filing an appeal. Let's talk in more detail about how to deprive a father of parental rights.

Grounds for initiating a case

One word from a wife against her husband is clearly not enough for a trial. If a woman is not confident in her legal knowledge, then it is better to turn to a specialist who will do all the difficult work for her. Deprivation of paternity usually requires a lot of time, effort and nerves; court hearings can drag on for several months.

According to the provisions of the UK, parental responsibilities are based on four provisions:

• support children;
• educate them;
• protect their interests;
• defend their rights.

If these obligations are not fulfilled, when their implementation is in bad faith and goes against the interests of the child, the matter may end in failure. The IC mentions six reasons that may serve as a reason for applying a harsh measure - deprivation of parental rights:

Any of the above situations can become a basis for depriving the father of his rights. The reasons cannot be circumstances that are not included in this list. The list is strictly limited; it does not allow for other non-standard situations. If none of the violations were committed, the father will remain with his rights.

Required documents

The package of necessary documents includes:

Income certificates are required so that the mother can confirm her ability to support the child. A paternity document is needed in cases where a woman files a claim against her common-law husband. Written evidence includes any documents that confirm the grounds for depriving the ex-husband of parental rights.

These include, for example, certificates from medical or educational institutions. You can ask the staff to confirm the fact that dad never attended parent-teacher meetings, took the child to the doctor, or picked him up from kindergarten or school. You can add to this list any documents and their copies that will affect the course of the case.

The procedure for depriving a father of parental rights in court

Deprivation of a father's parental rights should begin with an official statement. In order to set the case in motion, it is necessary to present irrefutable evidence of his guilt and the impossibility of changing for the better, of improving. It is worth starting to collect the evidence base in advance. A sample application can be found below.

It is worth noting that deprivation of parental rights does not relieve responsibility for the maintenance of your child. The father will still have to contribute to the costs of the child, which fall into the additional category: education and treatment.

In court, all evidence will be considered, witnesses will be interviewed and both sides will be heard, after which the court will make a decision to approve or reject the claim.

Legal consequences for a father who has lost his parental rights

When paternity is deprived, the parent immediately loses the opportunity to take part in the life of the child, as well as all privileges based on the fact of kinship. This list includes the following rights to:

In addition, after a court decision, the father loses the opportunity to prohibit the child from traveling abroad or for treatment. He also does not have the right to demand alimony for his maintenance after the child becomes an adult. An unscrupulous parent cannot claim the inheritance of his children; the only exceptions can be those cases when the court has restored his parental rights. Of course, no one has the right to prohibit an adult from including his negligent father in his will voluntarily, even if he has interrupted contacts with him.

Simplified procedure

There are situations when paternity can be deprived quickly, in a short time. This is possible when the father expresses a desire to abandon his child and himself demands the deprivation of parental rights. Such precedents usually occur when a man was initially against the birth of a child, or if he belongs to a disadvantaged social class.

In this case, it seems possible to go through a simplified procedure. The father needs to visit the OOP and record his voluntary refusal. Some people prefer to avoid such meetings because they are afraid of personal issues. In this case, you can go to a notary and have him certify your voluntary abandonment of the child. A sample waiver is provided below:

The document is not a magical certificate that will exempt the parent from attending a court hearing, but there is a loophole. It is enough for the father to pay his lawyer, who will represent his interests, and stay at home. The simplified procedure frees the mother from collecting numerous certificates, documents and evidence. All she has to do is show up in court. After reviewing all submitted documents, the issue is usually resolved as quickly as possible.

Who else can demand deprivation of paternity?

According to statistics, the highest percentage of situations is when mothers try to deprive fathers of their rights. In this case, the child can even live with the father himself. Children who have reached the age of 14 are able to initiate the process themselves. This is usually done with the informal support of the mother. For example, a mother and child want to go abroad to give the latter the opportunity for a good education. The father does not give his consent and in every possible way prevents the trip, thereby acting against the interests of the teenager himself. In addition, the initiator may be:

• guardians;
• adoptive parents;
• prosecutor;
• juvenile affairs inspector.

Is it possible to get paternity rights back?

The return of paternal rights occurs according to the same scheme as the reverse process, that is, through the court. A man who has been deprived of his rights must draw up and submit a corresponding application. In this case, the plaintiff must confirm that all mistakes were taken into account and he corrected himself. If the restoration of the father's parental rights goes against the interests of the child, the court will not satisfy the statement of claim, a sample of which can be found below:

Children over 10 years old must be asked their opinion about the return of their parent. The court decision will also depend on the child’s answer; in the case of a categorically negative answer, the father’s rights will not be restored. Accordingly, in addition to the evidence base, the parent should prepare a sincere speech that can convince the child himself of his desire to improve.

Limitation of father's parental rights

Limitation of the father's parental rights is a milder measure compared to absolute deprivation. The basis will be the father’s antisocial behavior, cruelty towards the child, which humiliates his dignity.

Also, the reason may be non-standard methods of education that go against the law and cause harm to the health of the child, be it physical, moral or ethical bullying and humiliation. In order to protect her baby, the mother is given two options:

• enter into an agreement with your spouse;
• go to court.

The essence of the requirement will be to establish a specific schedule for visits and communication with the child. The schedule indicates the days and duration of visits, the location of meetings, and the duration of the agreement. Before going to court, it is necessary to visit the PLO and enlist their support by providing evidence of the father’s inappropriate behavior.

It is better to present as many witnesses as possible to strengthen the evidence base. Typically, the practice of limiting a parent's rights is used in cases of divorce.