Restriction of parental rights: grounds, judicial practice, download the statement of claim

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By filing a claim in court, the plaintiff hopes that it will be accepted and considered. For circumstances to develop in this way, it is necessary to take a responsible approach to the procedure for drawing it up.

The contents of the document must comply with the requirements specified in the Code of Civil Procedure of the Russian Federation. Otherwise, the claim will not be accepted, or additional checks and collection of missing evidence will be ordered.

A standard sample statement of claim for restriction of parental rights has not yet been developed. In this case, the applicant must take into account a number of recommendations on the content of the claim.

Important! There is a list of mandatory data that must be included in such documentation:

• the name and address of the judicial authority where this application is submitted. When sending a claim to the magistrate's court, it is necessary to indicate which panel of judges a certain judicial district belongs to (data is recorded if this information is available);
• information about the defendant(s). Information about third parties. We can talk about the territorial division of the guardianship and trusteeship authorities;
• description of the essence of the case (implies a situation that can only be resolved by limiting parental rights). The plaintiff clarifies: when did this happen, when did they learn about this situation, what was done (i.e., measures taken to influence the parents) to ensure that the situation was resolved without using such a technique as restricting parental rights, were there any attempts to resolve the conflict situation in pre-trial procedure;
• a list of mandatory requirements put forward by the plaintiff. In this case, a possible requirement, in addition to limiting parental rights, may be the assignment of alimony (indicating a certain amount) for a specific child;
• listing of papers serving as evidence confirming the contents of this claim;
• signature of the applicant or authorized representative. It is mandatory to indicate the details of the power of attorney (who issued it, its validity period, what powers are vested in the authorized representative).

Claims are described in an expanded format. Otherwise, during the actual consideration of the claim in court, you will have to give a transcript of each demand made.

Attention! See an example of a statement of claim for restriction of parental rights:

To the Kytmanovsky District Court of the Altai Territory

Plaintiff: Veronika Igorevna Lebedeva, address: 659240, p. Kytmanovo, st. Kurganova, 22

Defendant: Lebedeva Alena Pavlovna, address: 659240, p. Kytmanovo, st. Kurganova, 2

Interested person: guardianship and trusteeship body of the Administration of the village. Kytmanovo,

address: 659240, s. Kytmanovo, st. Krasnoarmeyskaya, 19

Statement of claim for restriction of parental rights

I am the grandmother of Svetlana Petrovna Lebedeva, born in 2003, who currently lives with her mother Alena Pavlovna Lebedeva. My son, Peter Lebedev, who is Veronica’s father, died in 2011. After his death, Alena Lebedev began to periodically drink alcohol and lead an antisocial lifestyle.

As a result of her behavior, she contracted tuberculosis. The disease was diagnosed on January 12, 20165 in the Kytmanovsky district hospital, about which there is a corresponding conclusion.

She did not complete the course of treatment and is not completing it, despite repeated visits by Rospotrebnadzor.

Due to the above circumstances, I am afraid of the development of her illness and the danger to others, including my granddaughter Svetlana.

The mother of the child, in violation of Art. 65 of the Family Code does not fulfill his parental responsibilities to ensure physical, moral, and spiritual development.

In addition, the mother’s antisocial behavior negatively affects the development of the child’s personality, and I am not able to resist it. In March 2016, Svetlana was registered with the commission for minors, and I, not her mother, came to talk with the police officer. Over the past year, my granddaughter’s academic performance has decreased significantly.

In accordance with Part 5 of Art. 73, paragraph 2 of Art. 74 of the Family Code of the Russian Federation, restriction of parental rights also implies the collection of alimony for the maintenance of a child, and does not relieve one from the obligation to support the child.

To confirm the stated circumstances, I ask you to call witnesses to the court - neighbors of A.P. Lebedeva: Viktor Ignatievich Krotov (Kytmanovo village, Kurganova St., 4), Inna Vasilievna Petrenko (Kytmanovo village, Kurganova St., 3) , school director Lidiya Ivanovna Petrenko (Kytmanovo village, Lenina St., 12), interview Rospotrebnadzor employees in the district.

In connection with the above, guided by Art. 73 RF IC, art. 131-132 Code of Civil Procedure of the Russian Federation,

Ask:

1. Limit the Defendant's parental rights in relation to Svetlana Petrovna Lebedeva, born May 12, 1993.
2. To collect from the Defendant alimony for the maintenance of Svetlana Petrovna Lebedeva, alimony in the amount of 1/4 of her monthly earnings.

Application:

1. Copy of the statement of claim
2. A copy of the birth certificate of Lebedeva S.P.;
3. A copy of the birth certificate of the father, Lebedev P.G.;
4. Certificate from the Committee on Juvenile Affairs.

Lebedeva V.I. November 16, 2016

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Required documents

In addition to the application itself, the plaintiff submits to the judicial authority:

• passport;
• financial document confirming payment of the state fee;
• child's birth document;
• characteristics drawn up for the applicant and the defendant. The paper is prepared by the HR department (if it is submitted from the place of work) or the management company (at the place of residence);
• an extract from the house register;
• act on the child's living conditions. It is issued by the guardianship and trusteeship authority.

• In addition, you will need documentation confirming the circumstances due to which parents should have their rights limited.
• The following is used as evidence: a medical certificate indicating the presence of a mental illness in the father (mother), papers from the Police confirming the presence of constant family conflicts, as well as facts indicating that the parents do not fulfill their immediate responsibilities, etc.
•  Alimony in case of deprivation of parental rights of the father.

Who can file a claim

A statement of claim demanding to limit the father, mother or both parents in parental rights can be filed by: the other parent, representatives of guardianship authorities and other government agencies (according to Article 73 of the RF IC).

Watch the video. Restrictions on the parental rights of the father (mother):

Grounds for restricting parental rights

According to Article 73 of the Family Code, if there are circumstances that threaten the physical and psychological health of the child, parents may have their rights limited (if the child cannot be left with them until these circumstances are eliminated).

Attention! These circumstances include:

• alcohol abuse, drug use, immoral lifestyle, inappropriate upbringing or child care, regularly leaving a minor child unattended;
• the presence of a parent with mental or severe physical illnesses, difficult life circumstances.

When there are no grounds for depriving parental rights, we are talking only about limiting them. But in the presence of the circumstances specified in Art. 69 of the RF IC, parents will be deprived of their rights regarding the child.

Where is the claim filed?

Cases concerning parental rights are dealt with by district and city courts. Magistrate judges do not have the right to consider such claims.

1. Thus, a claim for restriction of parental rights is filed with the district or city court at the defendant’s place of residence.
2. If you have any questions about the correctness of drawing up such a statement of claim, or you are not sure about the choice of judicial authority, you can contact the territorial guardianship and trusteeship authority.
3. Specialists will not only help you fill out the application, but will also tell you where exactly you should file your claim, and also answer other questions on this topic.
4. Employees of the guardianship authorities can act as a third party at the court hearing and protect the interests of the child and the plaintiff.
5.  Can a wife live in her husband's apartment after a divorce?

Payment of state duty

When filing a claim related to the restriction of parental rights, a state fee is charged (Article 333.19 of the Tax Code). In this case, its size is 300 rubles. The plaintiff pays the fee, but after the trial it will be collected from the defendant.

If there is a claim for alimony, the applicant does not have to pay this mandatory contribution. In this case, the defendant pays 150 rubles.

Time limits for consideration of a claim in court

The hearing of the case on restriction of the rights of parents will be held no earlier than 2 months after filing the claim. Sometimes, due to various circumstances, this period may be extended.

Until the inspectors of the guardianship authorities examine the living conditions of the child, draw up an appropriate report based on the results of this examination and present their conclusion to the court, the proceedings on this application will not be carried out.

The claim will be satisfied only if the court is satisfied that the parents pose a threat to the life of the child or are unable to fulfill their direct responsibilities due to the prevailing difficult circumstances.

After the court makes a decision, the document will be sent to the registry office within 3 days. An employee of this body makes an entry in the birth certificate of the child about the restriction of the parent’s rights.

According to the court decision, the minor remains in the care of the second parent. If the rights of the mother and father are limited, it is transferred to close relatives or guardians. It is also possible to transfer it to a family-type orphanage.

 The amount of child support if the father does not officially work.

Consequences of the restriction

A mother or father whose rights are limited by the court do not have the right to communicate with the child. In some cases, the court or guardianship authorities give permission for such meetings. In addition, persons with limited rights will not receive benefits allocated by the state for children and will lose all benefits.

Despite the fact that the parents have limited rights, the child does not lose ownership of the housing where he lived before the court made the corresponding decision. He also retains the right to inherit the property of the deceased parent.

Reinstatement of rights

A parent who has been limited by the court in his rights to a child can submit an application for their restoration within 6 months. Such a procedure is possible if the guardianship authorities are satisfied that the circumstances that led to such a court decision have been successfully eliminated.

When considering an application for restoration of rights, the court may ask the child’s own opinion on this issue. But at the same time he must be at least 10 years old. The consent of his legal representatives is also required.

• If the court makes a decision in favor of the parents, they can again engage in their direct responsibilities, raise children and enjoy the legal rights specified in the IC and the Civil Code of the Russian Federation.
• Watch the video. Parents' rights after divorce:

Read also: Establishing paternity in court 2020-2021 step-by-step instructions

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Statement of claim and court decision on restriction of parental rights: rules for filling out documents

Restriction of parental rights is provided for by the Family Code of the Russian Federation as one of the measures used to ensure the protection of the interests of the child in cases where parents do not properly fulfill their rights and obligations or constantly violate the interests of the child.

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Restriction of parental rights can only be carried out by a court decision on the basis of a corresponding statement of claim filed by persons who have the legal right to do so.

Basic requirements for a statement of claim for restriction of parental rights

A statement of claim for restriction of parental rights is the main document on the basis of which the court proceeds to consider the issue of limiting the parents of a particular child in their parental rights or completely depriving them of them. In order for a claim to be accepted for consideration, it must meet the following requirements:

• the application is processed only in accordance with the provisions of the Civil Procedure Code of the Russian Federation (which is in charge of proceedings in cases related to the restriction and deprivation of parental rights);
• filing a statement of claim only by a person authorized to take such action by law (a representative of the guardianship and trusteeship authorities with the assistance of a prosecutor, a relative of the child who is a witness to the violation of his interests or the failure of the child’s parents to fulfill their legal rights and obligations, an employee of the educational institution in which the child is studying or being raised, assistance from guardianship and trusteeship officials);
• support of the filed claim with valid evidence, for example, documentary evidence, which can confirm the fact of improper performance by parents of their immediate responsibilities or a violation of the interests of the child, as well as the creation of a threat to his life and health;
• sending a statement of claim to the judicial body that is considering such a case according to its jurisdiction (territorial, financial and other); if the application is not submitted to jurisdiction, for example, financial, its consideration will be refused (financial jurisdiction means the cost of the statement of claim; this concept is used in cases where we are talking, for example, about the appointment of mandatory payment of alimony or the collection of such while simultaneously limiting parental rights of a specific person).

If the application fully complies with the listed requirements, it will be accepted for proceedings by the appropriate court.

Rules for filing a claim

In order for the statement of claim to be fully understood and accepted by the court for consideration without ordering additional checks and preparing additional evidence, its content should be brought into maximum compliance with the requirements of the Civil Procedure Code of the Russian Federation. Today there is no single template for filing a statement of claim for restriction of parental rights, but there is certain information that must be included in it:

• the name of the judicial body to which the claim is being sent (indicating the exact address; in the case of a magistrate’s court, it should be indicated which panel of judges the specific judicial district belongs to, if such information exists);
• information about the defendant or defendants, as well as information about those organizations that may be involved as third parties in the consideration of the case (for example, the territorial division of the guardianship and trusteeship authorities);
• a description of the situation, as a solution to which only restriction of parental rights can be used (the description should indicate when such a situation arose, when it was identified, if these events are spaced apart in time, what means of influence on the parents or one of them were used to resolve the situation without restricting parental rights, including during the pre-trial procedure for resolving the conflict);
• a description of the immediate claims that should be considered mandatory for satisfaction, for example, not only about limiting parental rights in relation to a particular child, but also about the mandatory establishment of a specific amount of alimony payments for this child;
• a list of provided evidence and documents accompanying a specific statement of claim;
• signature of the plaintiff or his authorized representative (indicating the details of such a power of attorney, namely the body or person who issued it, the validity period of such a power of attorney, as well as the extent of the powers granted).

You can download a sample statement of claim for restriction of parental rights using the link.

When describing the claims that should be satisfied, they should be presented in an expanded form, since in this case it will not be necessary to give a transcript of them during the direct consideration of the claim in court.

The court's decision

- Dmitry Ivanov. Lawyer

Source: https://zakonguru.com/semejnoje/roditelskije-prava/ogranichenije/isk-2.html

Statement of claim for restriction of parental rights (sample)

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On this page you can download an example of a statement of claim for restriction of parental rights drawn up by our lawyers, taking into account current legislation and established judicial practice.

Restriction of parental rights is a measure to protect the rights of a child applied to a parent (or parents) without depriving parental rights.

This procedure is aimed at isolating a child from one of the parents (or both parents) with the subsequent transfer of the minor to the second parent, close relatives or a guardianship authority.

This restriction on parental rights is allowed if it is dangerous to leave a child with his parents (one of them) due to circumstances beyond the parents’ control.

The law provides grounds for restricting parental rights in the following cases:

• the parent has a mental disorder;
• or other chronic disease;
• a combination of difficult circumstances;

As you probably noticed, the concepts provided for in the law are somewhat vague. Based on judicial practice, we can express our opinion that, first of all, the court, when considering this type of case, first of all tries to find out if it is dangerous for a child to be left with his parents (one of them) because of their behavior, but there are sufficient grounds for deprivation of parents ( one of them) there is no parental rights. A strictly defined circle of persons can apply to the court for restriction of parental rights:

• second parent or close relative (grandparents, adult brothers or sisters);
• guardianship authorities and organizations entrusted with the protection of children;
• preschool educational organizations, general education organizations and other organizations;
• prosecutor.

Restrictions on parental rights do not apply to incapacitated parents. In such cases, it is necessary to file a claim for deprivation of parental rights. You can contact us for help in drawing up a claim and representing your interests in court. We have been providing legal services for over 10 years and have never had any complaints from our clients!

Our contact phone number: 8 (495) 510-70-16.

An experienced lawyer will prepare your claim. Cost 6,500 rubles. Place an order Below is a sample statement of claim for restriction of parental rights that will help you protect your rights and interests in court.

• In ________________________ (name of court and address) Plaintiff: ________________________
• (full name and address)
• (full name and address)
• (full name and address)
• State duty: ______ rubles.
• STATEMENT OF CLAIM for restriction of parental rights
• I ASK THE COURT:

Defendant: _________________________________ Third party: ________________________ Price of the claim: ______ rubles; Between me _________ (indicate full name) and the defendant _________ (indicate full name), on _______________ (indicate date) a marriage was registered, for which a certificate was issued dated ________ (indicate the date and by whom it was issued). The defendant and I have a common child ______ (indicate full name and date of birth). Currently, the defendant lives with us at _______ (specify address). Since _______ (specify date), the defendant and I do not have a common household; family relations between us have effectively ceased. The defendant has been registered at the drug treatment clinic ____ in connection with a diagnosis of alcoholism of the 2nd degree since ______ year. Due to the fact that the defendant’s behavior is aggressive and immoral (indicate the danger of the defendant’s behavior for the child), I consider it necessary, in the interests of the child, to limit the defendant’s parental rights to _____ (indicate full name). In accordance with Art. 63 of the RF IC, parents are responsible for the upbringing and development of their children. They are obliged to take care of the health, physical, mental, spiritual and moral development of their children. In accordance with Art. 65 of the Family Code of the Russian Federation, all issues regarding the upbringing and education of children are resolved by parents by mutual consent, based on the interests of the children and taking into account the opinions of the children. Parents (one of them), if there are disagreements between them, have the right to apply for resolution of these disagreements to the guardianship and trusteeship authority or to the court. The place of residence of children in the event of separation of parents is established by agreement of the parents. In the absence of an agreement, the dispute between the parents is resolved by the court based on the interests of the children and taking into account the opinions of the children. In this case, the court takes into account the child’s attachment to each of the parents, brothers and sisters, the child’s age, moral and other personal qualities of the parents, the relationship existing between each parent and the child, the possibility of creating conditions for the child’s upbringing and development. According to Art. 73 of the RF IC, restriction of parental rights is allowed if leaving a child with his parents (one of them) is dangerous for the child due to circumstances beyond the parents (one of them) (mental disorder or other chronic illness, difficult circumstances, etc.). Restriction of parental rights is also allowed in cases where leaving a child with the parents (one of them) due to their behavior is dangerous for the child, but sufficient grounds for depriving the parents (one of them) of parental rights have not been established. If the parents (one of them) do not change their behavior, the guardianship and trusteeship authority, six months after the court makes a decision to limit parental rights, is obliged to file a claim for deprivation of parental rights. In the interests of the child, the guardianship and trusteeship authority has the right to file a claim to deprive the parents (one of them) of parental rights before the expiration of this period. By virtue of Art. 74 of the RF IC, parents whose parental rights are limited by the court lose the right to personal education of the child, as well as the right to benefits and state benefits established for citizens with children. Limitation of parental rights does not relieve parents from the obligation to support the child. I consider my demands to be based on the law and subject to satisfaction. Based on the above, guided by Art. Art. 12 Civil Code of the Russian Federation, art. art. 22, 131-132 Code of Civil Procedure of the Russian Federation,

1. Limit the defendant _______ (indicate full name) in parental rights in relation to the minor __________________ (indicate full name).

Read also: Citizenship for a newborn: how to get it and where to apply

Application:

1. A copy of the statement of claim for the parties to the case and the court; 2. Receipt of payment of state duty; 3. A copy of the marriage certificate; 4. A copy of the child’s birth certificate; 5. A copy of an extract from the house register; Date of application “____”____________ 20____

Plaintiff's signature ____________

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Statement of claim for restriction of parental rights

The father or mother of the child, as well as representatives of the guardianship authorities and other government agencies specified in Art. 73 IC RF. To do this, it is important to know the specifics of drafting, the step-by-step algorithm of actions and the basic legislative norms governing the procedure.

Restriction and deprivation of parental rights: differences

Limitation of parental rights is a procedure that eliminates the negative influence of a parent on a child. It is usually used before deprivation, when the court considers that there are not enough grounds for the latter and it is necessary to give the mother or father a chance to reform.

After the court decision enters into legal force, the child is transferred to the guardianship authorities. The maximum period of restriction is 6 months, after which the POiP body files another claim - for deprivation. This is done if the parent does not change his behavior, and leaving the minor with him is not possible (Article 73 of the RF IC).

Deprivation of parental rights is a more severe measure. It applies if the restriction did not produce results and the parent has not corrected himself, or if the latter committed an act for which preliminary deprivation is impossible.

To understand the difference, it is recommended to familiarize yourself with the table of differences:

Criteria Deprivation Restriction Period Indefinitely or until the child reaches adulthood, when he has the right to independently choose whether to communicate with his parents Up to six months The possibility of receiving alimony from the child Cancelled Retained. Alimony is assigned only from adult able-bodied citizens. Possibility to see each other. Absent. Retained if the court considers that meetings will not have a negative impact on the minor. Categories of plaintiffs Parents, guardians, adoptive parents, POiP, prosecutor's office Parents, close relatives, prosecutor, teachers and medical workers Restoration of rights Allowed , if the court considers that the parent’s behavior has changed and does not pose a threat to the child The right to the child’s property Cancelled Those limited in parental rights can claim the child’s property in the event of his death Grounds Commitment of actions directed against the child, both with and without guilt Commitment by the guilty actions

Grounds for restricting parental rights

The basis may be circumstances that pose a threat to the psychological or physical health of the minor if the court considers that leaving the child with the parent is not possible until the reasons are eliminated (Article 73 of the RF IC).

Such circumstances include the following:

• Alcoholism, drug addiction, immoral behavior, improper child care or education, frequent leaving of a minor alone;
• Mental disorders, serious illness of a parent and other difficult life situations.

The main criterion here is the absence of grounds for deprivation. If they exist, it is deprivation that is carried out, not restriction. For example, for this it is sufficient to commit a deliberate crime against a child or his mother (father), beating, obstruction of education, malicious evasion of alimony payments, attempt on sexual integrity and other reasons specified in Art. 69 RF IC.

How to limit a parent’s rights to a child: step-by-step instructions

First, the initiator needs to determine whether there are grounds for the restriction. This procedure has three main goals, which can be used both in combination and separately:

• Parental warning. As mentioned earlier, restriction is most often a preventive measure, meaning that if repeated offenses are committed, deprivation will follow. This is done so that the parent can understand the situation and take measures to prevent the child from being removed forever.
• Punishment. If the reason for the restriction is an offense that threatens the life of a minor, the mother or father must take measures to prevent this from happening again when the child is returned.
• Upbringing. Often citizens are deprived of their rights to children due to their poor financial situation, as a result of which they cannot provide them with basic things and food. Time is given to them to correct the situation, so that after the return the child lives in normal conditions.

The procedure itself from the initiator’s side looks like this:

• Documents are being collected. If you have previously contacted the guardianship authorities with a problem, you will need the appropriate certificates. A certificate of living conditions will also be required from the POiP.
• A statement of claim is being drawn up. Subsequently, it is submitted to the court along with other documentation confirming the existence of grounds for the restriction.
• The claim is accepted by the judge for proceedings within 5 days. The parties are notified in writing of the scheduled court hearing.
• On the date specified in the notice, the plaintiff and defendant appear before the judicial authority, and a hearing on the case is held. The parties have the right to request the calling of witnesses and present evidence indicating their case.

As a result, a decision is made to limit rights. Within three days, an extract from it is sent to the registry office for entering the relevant information into the documents.

Where to contact

City or district courts deal with cases of restriction of parents' rights. The claim should be filed at the defendant's registered address. If he is unknown, at the location of his property.

If for some reason the plaintiff cannot send a claim to the judicial authority at the place of registration or location of his real estate, documents are submitted to the court at his registered address, but justification will be required: illness, lack of money to travel to another area.

Important! When filing a claim for the collection of alimony or a penalty for it, simultaneously with the restriction, it is allowed to file a claim at the plaintiff’s place of residence. In such a situation, the choice is given to him.

When filing a claim, the following documents are submitted:

• plaintiff's passport;
• receipt of payment of state duty;
• child's birth certificate;
• characteristics of the plaintiff and defendant from their places of residence or work (the specific type of characteristics depends on the situation);
• extract from the house register;
• an act from the POiP on the living conditions of the minor.

State duty

According to Art. 333.19 of the Tax Code of the Russian Federation, plaintiffs in cases of restriction of parental rights are subject to a state duty in the amount of 300 rubles. Subsequently, it is recovered from the defendant. If the requirements reflect the collection of alimony , the plaintiff does not pay the fee - it is collected from the defendant (150 rubles).

How to file a claim

In civil legislation, unified forms of claims are not established, but they must comply with the requirements of Art. 131 Code of Civil Procedure of the Russian Federation. To apply for a restriction, the following information must be included in the application:

• name of the judicial authority;
• Full name, registration addresses of the plaintiff and defendant;
• passport details and telephone number of the plaintiff;
• full name of the territorial unit of the OOiP;
• description of the circumstances: on what basis is it necessary to limit the parent’s rights to the child, what is his fault, in what situation and with whom is the minor at the time of filing the claim;
• Full name, series and number of the child’s birth certificate;
• claims: for restriction of rights, collection of alimony, deprivation of rights to benefits for citizens with children, for preserving the child’s right to use the defendant’s real estate (address indicated);
• determining the procedure for communicating with the child: with the permission of the guardianship authorities, guardians, etc.;
• a list of the attached documentation;
• signature and date of preparation.

When filling, you must use a black or blue pen. Indicating information with felt-tip pens, markers or pencils is not allowed.

Citizens can also fill out claims directly in court, but, as a rule, they are referred to lawyers who provide such services for money, because The duties of court employees do not include assistance in paperwork.

Consequences of the restriction

The main consequence for parents is the loss of the opportunity to communicate with their children if the educational institution or the court does not allow this. Also, citizens with limited rights are deprived of all benefits and benefits paid in the presence of children.

The child retains the right of ownership of the residential premises in which he lived before the court decision entered into legal force. He will also be able to receive an inheritance in the event of the death of a parent.

Restoration of rights after restriction

Restoration of parental rights is allowed before the expiration of a six-month period at the request of a parent if the guardianship authorities establish that he has eliminated the reasons that served as the basis for going to court.

Important! If restoration is contrary to the interests of a minor and he is more than 10 years old, the court, when considering the relevant claim, may ask his opinion, if he and his legal representatives do not object to this.

Ultimately, if a positive decision is made, the parent whose rights were limited can again raise their son or daughter, as well as enjoy other rights established by the IC and the Civil Code of the Russian Federation.

Source: https://lawinfo24.ru/family/lishenie/iskovoe-zayavlenie-ob-ogranichenii-roditelskix-prav

Statement of claim for restriction of parental rights

A sample statement of claim for restriction of parental rights will help you go to court in compliance with the requirements of current legislation, taking into account established judicial practice.

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Restrictions on parental rights are permitted when a child’s presence with a parent is dangerous.

This could be some serious illness, a combination of life circumstances, that is, those situations where the direct fault of the parent is absent.

Restriction of parental rights is allowed when there are no sufficient grounds for deprivation of rights. If the parent does not change his behavior within 6 months, the guardianship authorities are obliged to go to court with a claim for deprivation of parental rights.

The main difference between restriction and deprivation of parental rights is that during restriction, the child is taken away from the parent, however, contacts between the child and the parent are possible, which will be limited to the time and place of meetings, and will be under the control of those responsible for the child.

To confirm his position, the plaintiff can use both written evidence and the testimony of witnesses called at his request.

The consequence of a court decision to restrict rights will be the removal of the minor and the loss of the parent’s opportunity to raise their child personally. In addition, the rights to receive benefits and child benefits are terminated.

A claim for restriction of parental rights can be filed in court only by close relatives (parents, children, grandparents), guardianship authorities and other institutions protecting the rights of the child, and a prosecutor. The requirements relate to the jurisdiction of the district (city) court at the defendant’s place of residence.

• We recommend using the information on the rules for filing a claim posted on the pages of our legal resource.
• In _____________________________ (name of court)
• Plaintiff: __________________________ (full name, address)
• Defendant: _______________________ (full name, address)
• Guardianship and trusteeship authorities _______ (full name, address)
• Prosecutor ________________________ (name of prosecutor's office, address)

Statement of claim

on restrictions on parental rights

The defendant _________ (full name) is the father (mother) of the minor _________ (child's full name, date of birth).

As I learned _________ (circumstances, evidence confirming that it is necessary to limit the defendant’s parental rights due to a mental disorder, another chronic illness, a combination of difficult circumstances, or behavior that is dangerous for the child).

“___”_________ ____ the child was taken away from the defendant and lives _________ (indicate where the child is located). At the same time, in the interests of the child, it is necessary to make a decision to deprive the defendant of the rights to personal education of the child, as well as the rights to benefits and state benefits established for citizens with children.

Child support in the amount of 1/4 of the established types of earnings and (or) other income of the defendants is subject to recovery from the defendant. In this case, the child must retain the right to residential premises at the address: _________.

1. Contacts of the defendant with the child may be permitted in the following order: _________ and with the consent of the guardianship and trusteeship authority (or with the consent of the guardian (trustee), the child’s adoptive parents or the administration of the organization in which the child is located).
2. Based on the above, guided by Article 73 of the Family Code of the Russian Federation, Articles 131-132 of the Civil Procedure Code of the Russian Federation,
3. Ask:

1. Limit the parental rights of the defendant in relation to the child _________ (full name of the child, date of birth).
2. Deprive the defendant of the rights to benefits and state benefits established for citizens with children _________ (list benefits).
3. Collect from the defendant monthly child support _________ (child's full name, date of birth) _______ rub. in the amount of ¼ of the established types of earnings and (or) other income of the defendant.
4. Retain for the child _________ (child's full name, date of birth) the right to use residential premises at the address: _________.
5. Allow contact between the defendant and the child in the following order: _________ with the consent of the guardianship and trusteeship authority (or with the consent of the guardian (trustee), the child’s adoptive parents or the administration of the organization in which the child is located).

List of documents attached to the application (copies according to the number of persons participating in the case):

1. Copy of the statement of claim
2. Copy of the child's birth certificate
3. Documents supporting the plaintiff's arguments

• Date of application “___”_________ ____ Signature of the plaintiff _______
• Download a sample application: 
•   Statement of claim for restriction of parental rights

 

Source: https://vseiski.ru/iskovoe-zayavlenie-ob-ogranichenii-v-roditelskix-pravax.html

Restriction of parental rights in 2019: father, mother, statement of claim

A mother and father who have had limited parental rights are not deprived of the opportunity to communicate with the child. This measure is precautionary; if after six months the situation in the family does not improve, then the parent will be completely deprived of rights to children.

Reasons for temporary suppression of the rights of a parent

In our country, restriction of the parental rights of the father and mother is used if their negative impact on the child is noticed: if the parents pose a threat to the children, lead an immoral lifestyle, or if they cannot fulfill their obligations for health reasons.

The following may serve as grounds for temporary suppression of parental rights:

• immoral lifestyle, drug and alcohol addiction, frequent squabbles, assault, lack of childcare and other reasons of an objective nature;
• serious illness, mental disorder, problems with the nervous system, the occurrence of an unfavorable situation in life and other subjective reasons.

Parents can be limited in their rights to the child only through a judicial procedure.

Based on the current legislation (Article 19 of the Criminal Code and Article 29 of the Civil Code), incompetent parents cannot be somehow infringed upon in their parental rights due to the fact that they do not have the legal ability to answer for their actions in court.

Restrictive measures are used if there are no compelling reasons for the complete deprivation of rights to the child.

Sequence of actions to limit parental rights

The initiators of the process of restricting the rights of a parent can be:

• persons who are relatives (aunts, uncles, grandmothers, grandfathers);
• authorized government agencies (schools, kindergartens, guardianship authorities, commission on minors’ affairs (KDN) and so on);
• prosecutorial authorities.

During the trial regarding the temporary isolation of children from their parents, the issue of transferring child support payments to minors will be decided. Moreover, it is worth considering that a court ruling gains legal force immediately after it is issued. The defendant does not have time to appeal.

Restriction of parental rights through the court provides for the following procedure:

• preparation of the necessary documentation (you will need to contact the KDN and trustee bodies in advance for the appropriate conclusions);
• filing a claim;
• sending the claim and attached documentation to the district court at the place of residence of the responding party;
• mandatory attendance at court hearings.

There is no need to pay a state fee for considering the claim and assigning alimony payments. The duration of the litigation can be 2 months. It is possible to restrict parental rights through the court for any period, up to six months.

Documentation for the claim

In addition to the statement of claim itself, you will need to prepare certain papers:

• child's birth certificate;
• information from the house register at the children’s registration address;
• characteristics of the responding party from the place of work;
• conclusion of the guardianship authorities on the child’s living conditions;
• conclusion of the CDN;
• characteristics of a minor from an educational institution (kindergarten, school) with an assessment of the degree of presence of the parent in the child’s life.

This is an approximate list of documents; it can be supplemented depending on the current situation in the family.

Contents of the claim

To write a statement of claim, a citizen can seek help from lawyers or draw up the document himself. The claim must include the following information:

• the name of the judicial authority is indicated in the “header”;
• This is followed by information about the plaintiff and defendant (full name, passport details), contact information for communicating with the plaintiff (telephone, email address);
• Information about the guardianship authorities should be provided below;
• then follows the text of the application, which will need to reflect the facts that became the basis for going to court;
• further, evidence of improper fulfillment of parental responsibilities must be provided (certificates confirming an appeal to the police, guardianship authorities, CND, etc.);
• claim to court;
• list of attached documentation;
• The document ends with the date of writing and the signature of the applicant.

Download a sample statement of claim for restriction of parental rights

Among the legal consequences of this procedure are the following:

• the parent is temporarily deprived of the right to the educational process;
• the child is taken away from the family, that is, the minor lives separately from his parents;
• mother and father cannot protect the interests of the offspring;
• the possibility of adoption or registration of guardianship disappears;
• payment of all state benefits ceases, benefits are cancelled.

The obligations of parents to their children do not cease after the restriction of rights. The mother and father must still support the children, but they do not lose the right to use housing and other property owned by the parents. That is, all rights of children arising on the basis of consanguinity do not disappear after the restriction of parental rights.

If, after the expiration of the period appointed by the court, the situation in the family has not improved, then the parents will be completely deprived of their rights to their children. When the life situation normalizes, restrictive measures are lifted automatically after a period specified by the court. To terminate the legislative curtailment of parents' rights early, you will have to go to court.

Litigation practice

Judicial practice shows that all claims to limit or completely deprive parents of their rights to children are considered by the courts with bias. The judge may request additional evidence, certificates, conclusions and other evidence. Often women want to deprive the fathers of their children of parental rights due to bad relationships.

But if during the proceedings it turns out that the father fulfills his obligations, pays alimony, and the children feel comfortable with their father, then the claim will not be satisfied.

Let's sum it up

In most cases, negligent parents are limited in their rights to their child. Complete deprivation is used less frequently, for example, if the parents pose a threat to the children's lives.

The practice of court proceedings suggests that in some cases only one of the parents can restore parental rights. If the father or mother does not make efforts to improve the situation, then a complete deprivation of rights to raise the child will follow.

The second parent, if there is a positive trend, will have his rights restored.

Consequently, before making a decision to limit or deprive parental rights, the judge thoroughly studies the case materials, since it is necessary to clarify all the circumstances in order for the rights of the minor to be respected. If the applicant’s claim for disability of a parent is satisfied, then it will be necessary to prove his parental capacity to restore parental rights.

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Source: https://pravovoiexpert.ru/roditelskie-prava/ogranichenie-roditelskix-prav/