Grounds for deprivation of parental rights of the father and what documents are required

According to Art. 63 official guardians must be involved in raising children, taking care of their mental and physical development; if they deviate from their obligations, they can be removed from participation in the child’s life (Article 69).

What documents are needed to deprive parental rights depends on who the plaintiff is - mother or father, guardian, authorized bodies, prosecutor. It is possible to remove one of the trustees from raising a child before he comes of age.

The responsibilities and legal rights of parents are clearly stated in Chapter 12 of the RF IC.

Documents for deprivation of parental rights of a mother

Raising children is a serious responsibility that not everyone can handle. So eliminate the mother on the basis of Art. 69 SK is possible for the following actions:

• repeated violation of one's obligations to the child;
• evasion of child support payments (child lives with father) for more than 6 months;
• in the absence of serious reasons, abandonment of the child after birth;
• excess of rights in relation to a minor;
• abuse of drugs, alcohol;
• moral, physical humiliation;
• criminal acts against a child.

The grounds specified in the claim must be supported by documents. Otherwise, the courts will consider the claims to be unfounded.

To deprive a mother of parental rights, you will need to provide a mandatory list of documents:

• statement - claim;
• act from the guardianship authorities (if the guardian does not care for the baby);
• extract from the Federal Penitentiary Service (if the mother is serving a sentence);
• court decision on a criminal act;
• certificate from medical institutions (in case of harsh treatment);
• conclusion of psychiatrists/psychologists;
• police certificates;
• characteristics of the mother from her place of work, education, neighbors;
• forensic report on injuries.

Download: Statement of claim for deprivation of parental rights - Sample

Before filing an application to the court, you need to take care of compelling arguments. Otherwise, the process will drag on for a long time. The courts will study the submitted documentation, as well as the conclusion of the guardianship authorities, prosecutors and the defendant’s evidence base.

List of documents for depriving a father of rights to a child

It is possible to remove an irresponsible parent from raising a child without his consent. When considering a case, the court will focus on the evidence base.

It is possible to remove a father from raising a child only through the judicial authorities on the basis of the RF IC Art. 69-70:

• if he does not participate in raising the baby;
• uses force and cruelty against a child;
• does not pay child support;
• leads an immoral lifestyle that is negative for the child;
• if he is an alcoholic or drug addict;
• illegally uses his rights;
• committed violent acts against the child or other half.

If there is one of these violations, the plaintiff has the right to initiate proceedings in court. But all these circumstances require proper confirmation, so first you should prepare certificates from medical and child care institutions, bailiffs, characteristics of the defendant, and collect testimony from witnesses.

The applicant will have to prepare the main package of documents for the court:

• claim - statement;
• certificate for the child;
• document establishing paternity – if available;
• papers for living space at the child’s place of residence;
• document confirming payment of state duty;
• certificate 2-NDFL, indicating the position, salary amount;
• other evidence in writing.

Courts have the right to request an additional list of documents at their discretion. If possible, they must be presented. If for certain reasons it is not possible to collect the required package of papers, you should submit a petition to the judge indicating the reason for the illegality of this requirement, with reference to the current article of the law.

Characteristics for a child in court

A description of the child from neighbors, a student from a school or preschool institution may be required if, after a divorce, one of the parents for some reason does not want to allow the other party to raise the children.

To file a claim in court, the latter requests a description of the child from the following authorities:

• children's municipal institution;
• schools, neighbors;
• medical institution;
• additional developmental clubs that the baby goes to;
• private teachers.

A reference is submitted to the guardianship authorities if there is an unfavorable atmosphere in the family, for example, if the mother or father is alcohol dependent, or in the absence of proper care for the baby. The document must indicate how one of the spouses treats the baby.

In order for the court to accept a reference, it must be properly drawn up:

• it must be approved by all authorized persons;
• the document is stamped by the authorized organization that issued the certificate;
• the characterization is drawn up in one copy for each of the participants in the trial.

Often, an official document is provided only at the request of the courts. To receive an application for a child, it is necessary that the authorized body agrees to request data of this kind.

In each individual case, the list of mandatory documentation may differ significantly. The sample for drawing up a claim is no different.

The characteristics must contain basic information:

• an indication that the child is studying at school or kindergarten;
• description of the baby’s condition, his behavior, character;
• information about who picks up the child from the institution and from the examination;
• information about who deposits funds into organizations’ accounts for their services;
• indication of who attends events and meetings.

Download: Characteristics of a child for deprivation of parental rights - Sample

To deprive the parental rights of a natural father or mother, compelling reasons are required. The judge will carefully review the case and weigh the pros and cons.

If the application is rejected in writing, the claim must be re-filed in order to remove one of the parents from raising the children. It is recommended to pay special attention to preparing a package of documents and collecting evidence.

The rights and obligations of parents to their children are a special chapter of the Family Code of the Russian Federation. Harsh treatment of a child, lack of participation in his life, violation of interests - all this can cause the mother or father to be removed from upbringing.

Only judicial authorities can deprive parents of their rights to a child on the basis of a serious evidence base and the presence of a whole list of documentation. Each case has its own list of required papers.

What documents are needed to terminate parental rights?

Deprivation of the right to be called parents in the legal sense awaits the father or mother, and sometimes both of them, if they fail to fulfill their direct responsibilities to provide the child with living conditions for normal physical and spiritual development.

This punishment is extreme and, according to statistics, is more often applied to the father.

Let's consider what reasons may be the basis for this, what documents will be required to deprive a father of parental rights, what are the specifics of the trial without the presence of the father, and what consequences await the family and the father himself if his parental rights are revoked.

Grounds for deprivation of parental rights

To cancel the title of parent, which is given to a person by nature, serious reasons are needed. The legislation defines the main reasons that can really be considered important in order to deprive a parent of his right to a child. These include the following circumstances:

• neglect of parental responsibilities;
• abandonment of a child without reason and leaving him in a maternity hospital or a special government institution;
• abuse of parental rights;
• manifestation of cruelty to your child in the form of physical impact and psychological humiliation;
• presence of chronic alcohol and/or drug addiction;
• committing a deliberate crime against your child or close people living with the child.

The procedure and main stages of depriving a father of parental rights

Only the court has the power to deprive a father of parental rights for evading his responsibilities. Such cases are heard in city or district court. The child’s mother, his legal guardian, the prosecutor’s office and the guardianship and trusteeship authorities can apply there for this. .

The initiator of the process of depriving a father of rights to a child if he fails to comply with parental responsibilities is usually the mother, and in her absence, the legal guardian of the child.

Intending to file a claim in court, they should know that in order to carry out the procedure for depriving parental rights, they will have to:

• collect evidence of the father's guilt;
• prepare the documents necessary for the court and write a statement of claim;
• submit to the court the claim and the documents collected to confirm the grounds for going to court;
• take part in the court hearing the case;
• be prepared for the consequences if the court grants their claim.

Collecting evidence of the father's guilt

At the stage of preparation for initiating a trial, the plaintiff should collect evidence, because stating one reason for going to court is not enough to satisfy the claim.

The court carefully studies all the materials provided in the case of deprivation of parental rights, therefore all facts related to the relationship between parent and child and the negative characteristics of the father himself are important.

For the most complete preparation of evidence, you will have to contact bailiffs, guardianship authorities and many other government authorities:

1. Contact a law enforcement agency if the father is violent towards the child and the mother herself. Have all abrasions and injuries inflicted by the father on the child and his mother examined at a medical institution, and obtain a medical certificate documenting the injuries inflicted. File a police report about your father's criminal behavior.
2. If the father has a criminal record, then you need to get a copy of the court verdict from the court where the case was heard in order to find out the elements of the crime and its severity.
3. At the department of the Ministry of Internal Affairs at the defendant’s residence address, request copies of decisions on all administrative violations committed by him. It wouldn’t hurt to talk to the local police officer and, if there are unflattering reviews, take his written testimony.
4. If the father evades child support for a long time, you should obtain a certificate of the amount of debt from the bailiffs and obtain a bank statement for the child’s account to which the child support should be transferred. Bailiffs can also provide copies of written warnings to the defaulter and administrative fines.
5. Obtain information from the child’s school or kindergarten about the father’s participation in the child’s life. It is better to take information received from teachers and kindergarten workers from them in writing, and also invite them to court as witnesses.
6. It is also important to enlist the support of the guardianship authority. You should contact them with a request to conduct an examination of the conditions in which the child lives, and also to establish whether the child’s presence together with his father is dangerous for his life and upbringing. The conclusion of the examination report by guardianship representatives will be one of the significant arguments for the court in the matter of depriving the father of the rights to the child.

Read also: How to collect alimony debt: if the debtor has no property, if the children are over 18 years old

Documents for court

To go to court, you will have to prepare a standard set of documents that are necessary in order to consider the case. These include:

• a statement of claim written by the mother or guardian of the child, demanding to deprive the father of the rights of a parent;
• certified copies of basic information from the plaintiff’s passport;
• photocopy of the child's birth certificate;
• a photocopy of the certificate of termination of marriage with the child’s father if the parents are divorced;
• certificate of registration of the plaintiff, child and defendant from the Department of Internal Affairs or the housing department;
• written opinion of the child, if he is 10 years old;
• conclusion of the guardianship authority based on an examination of the child’s living conditions;
• a certificate of the plaintiff’s financial status (her income), provided by the accounting department of the enterprise where she works, as well as her characteristics.

In addition to the main documents, the application must be accompanied by previously collected documents regarding the father’s guilt:

• this is documentary evidence of non-payment of alimony;
• certificates from the police department about inappropriate behavior;
• medical reports on drug or alcohol addiction, etc.

In each case, the list of documents for depriving the father of his parental rights will be individual; it depends on the reasons that served as the basis for revoking the parent’s paternal rights. Therefore, there are no universal requirements for their list.

Along with photocopies of the main documents, the plaintiff must present their originals to the court office so that the secretary has the opportunity to verify the authenticity of the photocopies.

How to properly prepare a statement of claim

An important document for the court, of course, is the statement of claim, with the study of which the consideration of the case begins. It should describe the nature of the relationship between the father and the child, his participation in the upbringing and maintenance of this child, in creating basic living conditions for him. Each fact contained in the narrative must be accompanied by a link to a supporting document attached to the claim. The description must contain the essence of the problem that brought the plaintiff to trial in court.

The application must be completed in the form established by the office. The document must contain:

• legal address and name of the judicial authority where the plaintiff is applying;
• Full name, date of birth, registered address and contact telephone number of the plaintiff;
• Full name, date of birth and official address of the defendant;
• Full name, date of birth and residential address of the child;
• a description of the reasons that became the basis for the claim, indicating a reference to the provisions of the law that give the right to this claim;
• formulation of the main requirement of the claim for deprivation of parental rights of the father;
• list of documents attached to the claim;
• signature and date of document preparation.

A claim for deprivation of a father's parental rights must be filed at the place of his registration, if he actually lives there.

The state duty for such cases has been abolished, because The plaintiff pursues the interests of the child, not his own personal interests.

Possible difficulties in preparing documents

The documents that are submitted along with the application to the court office must not only confirm the motivation for the claim, but also be reliable. We must not forget that the judge will consider the presented document only if it is drawn up correctly.

For example, he will consider the reference to the father reliable if it contains information about its compiler, including his full name, position and signature, as well as the seal of the organization.

Therefore, it is better not to delay the preparation of evidentiary documents, so that before the start of the consideration of the case there is enough time to replace those documents whose authenticity is in doubt.

It would be preferable to file a claim directly with the judge who will hear the case, rather than with the court office. In this case, you can get advice from him on each document personally and find out which documents are still missing.

How to deprive a father of parental rights after a divorce: grounds, reasons, procedure, procedure

Often, the father of a child who has left the family refuses to fulfill his parental responsibilities or uses the right of a parent to the detriment of the minor child. Even more often, a negligent parent can avoid providing for their children and in every possible way hinder their healthy and harmonious development.

In some cases, this behavior is caused by hostile relationships with the mother of the child (children), or, no less frequently, by the undesirability of having a child together from a marriage that has long since broken up and left no emotions other than negativity.

The reasons for such incorrect behavior towards his own child do not matter - after all, regardless of them, the father can be deprived of parental rights after the parents’ divorce if the parental responsibilities are not fulfilled in good faith.

Grounds, reasons for depriving a father of parental rights after divorce

Just like that, having only one desire, you cannot take and deprive the father of a child or children of parental rights.

Even after a divorce, the parent who left the family retains the full range of not only responsibilities, but also rights in relation to his child. He can and should:

• Participate in his upbringing;
• Monitor your health and training;
• Communicate with the child, spend weekends with him;
• Provide financially for the child.

Deprivation of the rights to it is a serious measure, used only in extreme cases, and it is unacceptable to deprive the rights at the mere whim of the mother, caused by negative emotions.

Read more about this in the article “Parents’ rights to a child after divorce.”

The Family Code of the Russian Federation, in particular Article 69, quite strictly regulates the grounds for depriving a parent of one or more children.

Please note: If the defendant-father proves in court that the failure to fulfill his duties was caused by objective reasons - for example, the child’s mother actively causing obstacles, then it will be impossible to deprive him of his parental rights.

Avoidance of parental responsibilities

This clause also includes malicious and deliberate evasion of child support payments. This basis is the most common when a father is deprived of parental rights after a divorce.

Malicious evasion will be repeated failure to pay due maintenance to children, as well as repeated bringing of a negligent father to administrative (Article 5.35 of the Code of Administrative Offenses of the Russian Federation) or criminal (Article 157 of the Criminal Code of the Russian Federation) liability on these grounds.

Also, evasion of the functions and responsibilities of a parent will be considered:

• Lack of interest in the life and development of the child;
• Refusal to communicate with a child or children;
• Non-participation in the child’s life, lack of moral and physical assistance to the child;
• Ignoring the child’s needs and requests from the other parent or the child himself for help.

Simply put, if the father is completely apathetic towards the future of his children after a divorce, the mother of minors has every legal and moral right to demand on this basis to deprive the father of his parental rights in relation to the child.

Abuse of parental rights

This may include deliberate actions directed against the interests of the child.

For example:

• Limiting the child’s communication with the mother;
• Creating obstacles in choosing an educational institution for a child;
• Deliberate actions aimed at discrediting the authority of the second parent, etc.

Abuse is understood as such use of one’s rights as a parent that creates a threat to the normal existence and upbringing of the child.

Child abuse, violence

Any cruelty, whether expressed in physical or moral force, is unacceptable towards children.

The following parental actions may fall under this basis:

• Mental and moral violence: insulting a child, constant negative assessment of his qualities, humiliation of his honor and dignity;
• Use of violence: beatings, torture, physical restraint of freedom;
• Sexual assault, sexual harassment;
• Committing a crime against the health or life of a child (is a separate basis for deprivation of parental rights).

The listed facts can act as unconditional grounds for depriving the father of parental rights after a divorce.

Note: The best and indisputable evidence of any of the listed examples will be the corresponding document on bringing the parent to criminal or administrative liability.

Alcoholism or drug addiction

• Any of these ailments does not exclude the father from adequately fulfilling his responsibilities towards the child.
• Despite such unpleasant behavior of a parent, which in the future may negatively affect the upbringing of a minor, the very fact of drug addiction or alcoholism cannot be an absolute reason for deprivation of parental rights.
• Alcoholism or drug addiction must necessarily be associated with negative consequences for the child:

• Decrease in the level of material maintenance;
• Use of violence against a child;
• Lack of education, attention;
• Refusal or evasion of parental responsibilities, etc.

These problematic aspects of the father’s behavior in themselves, although stated in Art. 69 of the RF IC as a basis for deprivation, but in practice they are subject to comprehensive study.

How to deprive a father of parental rights after a divorce

Deprivation of parental rights is carried out exclusively in court. All of the above grounds are subject to justification and confirmation, first in the statement of claim, and then in the court hearing.

The following may apply to the court with a corresponding claim:

• Child's mother;
• Guardians, trustees or other relatives with whom the minor lives;
• The guardianship and trusteeship authority or the prosecutor in the interests of the minor.

This category of cases falls under the jurisdiction of the district court. The claim for deprivation of rights is filed at the place of official residence of the defendant.

IMPORTANT: Mandatory participants in the legal process for deprivation of a parent’s rights will be the guardianship authorities and the prosecutor. Even if the plaintiff did not indicate them in the claim, the court itself will notify the indicated persons when preparing the case for hearing and does not have the right to return the claim or create other obstacles on this basis.

Procedure for deprivation of parental rights

1. Contacting the guardianship and trusteeship authorities to analyze the situation and receive recommendations on further actions.
2. Collection of evidence, documentary evidence of the grounds for deprivation of rights.
3. Drawing up a statement of claim and execution of documents attached to the claim.
4. Filing a claim in court. Fulfilling court requirements in preparing the case for hearing or eliminating deficiencies, if any.
5. Participation in court proceedings, substantiation and confirmation of one’s position and arguments in court.
6. Waiting for the decision to come into force or appealing a judicial act if the result of the hearing does not suit the applicant.
7. Execution of a court decision (carried out by the court).

At almost each of the listed stages, the applicant may require qualified assistance from an experienced lawyer. The main task when filing a claim to deprive a father of parental rights is to competently substantiate your claim and prove every fact stated in it. It is not enough just to refer to the father’s failure to fulfill his duties - all this must be confirmed with documents or testimony. Our specialists are ready to advise you free of charge on any issues related to cases of deprivation of parental rights.

Read also: Power of attorney to pick up a child from kindergarten: sample

Procedure for depriving a father of parental rights

The procedure for depriving parental rights takes place in accordance with the provisions of Art. 69-71 of the RF IC and the norms of the Code of Civil Procedure of the Russian Federation in terms of determining the procedure for trial.

The following persons take part in the court hearing on the issue of deprivation of parental rights:

1. Plaintiff and defendant;
2. Guardianship and trusteeship authorities;
3. Prosecutor;
4. Third parties: relatives of the parties, if they can explain anything about the case.

Both the parties and the court may summon witnesses whose testimony can confirm or refute the arguments presented by the parties.

Important nuances of the procedure for depriving parental rights:

• If during the court hearing the actions of the deprived parent are revealed, which clearly or indirectly have signs of a crime, the judge officially notifies the prosecutor, who is obliged to take response measures in this case. Usually we are talking about domestic violence, beatings or even crimes against sexual integrity.
• The court's decision to deprive the father of his parental rights is sent within three days to the civil registry office to enter information into the civil registration acts. The applicant does not need to do anything after the judicial act comes into force;
• Deprivation of parental rights does not relieve the father from maintaining the child and alimony continues to be collected until the children reach adulthood;
• The court can also decide the issue of the children’s future residence with the deprived parent (if at the time of deprivation they live together) or additionally resolve it in a separate case.
• A child under 10 years of age may be questioned by the court on issues relevant to the case.

IMPORTANT: Regardless of the grounds for the claim, the court must instruct the guardianship and trusteeship authorities to present their opinion on the advisability of measures to deprive the father of parental rights.

The conclusion is issued by the guardianship authorities at the place of residence of the minor child, as well as by the guardianship authorities at the place of actual residence and (or) registration of the father for the most complete and objective reflection of all circumstances.

Statement

The statement of claim for deprivation of the father's parental rights is drawn up in accordance with the requirements of Art. 131, 132 Code of Civil Procedure of the Russian Federation. The claim must reflect as fully as possible all the evidence leading to the deprivation of the parent’s rights to his child.

There is no legally approved sample of a claim for deprivation of parental rights, however, according to established practice and taking into account the requirements of Art. 131 of the Code of Civil Procedure of the Russian Federation, the application must indicate:

1. Name and address of the court competent to hear the claim;
2. Full names of the parties, registration addresses and actual residence (for correspondence);
3. Name of the guardianship and trusteeship authority, address of the institution;
4. Description of the circumstances of the case when the marriage was concluded and dissolved, full name and date of birth of the children, their place of residence;
5. Grounds for depriving the father of his rights: what is the evasion of duties, how is this confirmed, etc.
6. Justification of demands for collection of alimony;
7. Request for deprivation of rights, collection of alimony;
8. Date, signature and list of documents.

The application can be sent by mail, registered mail, or submitted in person to the court by attending an appointment at the established hours. If there are no deficiencies, the judge accepts it for proceedings and schedules a hearing.

Note: From January 1, 2017, it is possible to submit documents to the court electronically, but only if the applicant has an electronic digital signature. In practice, this procedure causes a lot of difficulties caused by an insufficiently streamlined system for accepting electronic documents by courts.

Sample

To correctly draw up a statement of claim, it is recommended to seek help from experienced lawyers. If you want to try to write a statement yourself, you can use the sample presented below.

Please note: This document reflects only the simplest situation and is unlikely to be 100% suitable for your situation. Consult with our lawyers right now on the website.

Download a sample claim for deprivation of parental rights

Documentation

The composition of the package of documents in cases of deprivation of parental rights will be purely individual for each case. Below we provide a standard list of documents that are most often the same for all claims.

1. A copy of the claim for the defendant, a copy for third parties (to each);
2. A copy of the applicant's passport.
3. Documents about marriage and children: copies of certificates;
4. Documents confirming the child’s residence with the plaintiff;
5. Evidence of grounds for deprivation of birth rights:
   • List of witnesses to be called;
   • Law enforcement decisions regarding the commission of offenses and crimes by the parent;
   • Certificate of alimony debt;
   • Certificate from drug and mental health clinics;
   • Other evidence of parental evasion from fulfilling their duties.

IMPORTANT: You can also attach a petition to request information from the guardianship and trusteeship authorities, drug treatment clinic, law enforcement agencies, if these documents cannot be provided to the applicant.

State duty

Since the claim to deprive the father of parental rights is filed in the interests of a minor, the applicant is subject to exemption from paying the state fee on the basis of clause 15 of clause 1 of Art. 333.36 Tax Code of the Russian Federation. The fee is collected from the defendant upon satisfaction of the requirements.

The amount of the fee for the defendant will be:

• 300 rubles for a request for deprivation of parental rights;
• 150 rubles for alimony claim (if declared).

IMPORTANT: The requirement to pay a fee when filing a claim for deprivation of parental rights is illegal, although it does occur in a number of courts. Request a written refusal to accept the claim and appeal it to a higher authority. Find out more from our lawyers.

• Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
• In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!

Limitation of father's parental rights. Grounds, judicial practice

Limiting the parental rights of a father is a rather complex and controversial procedure. In any case, this is the most effective way to influence the behavior of parents (in this case, the father) regarding their children. Next, we will consider what this means “restriction of rights” and how to cancel such a resolution.

What rights does a father have?

The Family Code clearly regulates the responsibilities of parents (in particular, the father). People who give birth to a child are obliged to educate him and promote the normal formation of his personality.

You can limit one of the parents’ rights to the child forever or temporarily.

Such sanctions, as a rule, are imposed on the father, who either evades fulfilling his duties regarding the children, or by his own behavior creates a threat to their health (or even life).

Also, such a decision can be made in the event of excessively cruel punishment of a minor (which is also a violation of the rights of the child). Often, the mother demands that the father's parental rights be limited during a divorce.

What kind of isolation (permanent or temporary) will be chosen is determined during the trial. The duration of such a process can drag on for up to two months, and only three people can be present at the meetings - the citizen who declared violations of the rights of the child, the prosecutor and the representative of the guardianship council.

How can a father's rights be limited?

The Family Code provides for the following consequences of exceeding or failing to comply with parental authority in relation to a child (or children) who have not reached the age of majority.

The legal consequences of limiting paternal ( as well as maternal ) powers can be expressed :

1. Loss of the right to further participation in the upbringing of a child (or children) who have not reached the age of majority.
2. In the annulment of state benefits and financial assistance that are awarded to persons raising minor children.
3. In the transfer of rights to children to representatives of guardianship and trusteeship authorities (this restriction applies if the ban on raising minors concerns both parents or a single father).

In what cases can paternal rights be limited?

The decision to limit paternal rights is made in situations where the court sees no reason for the complete isolation of the father in relation to the child (or children), however, the lifestyle that the parent leads is incompatible with the role of a teacher of minors.

may serve as grounds for isolating a father from minor children :

• systematic refusal to pay alimony;
• excessive use of force;
• cruelty;
• psychological or physical harm;
• alcohol or drug addiction;
• sexual desires;
• cases of intentional attack on the health or life of a child or his mother.

Who can apply

All facts concerning the relationship between parents and children are considered in the district courts at the place of residence of the defendant.

The following people have the right to file a lawsuit, in addition to the prosecutor :

1. Those who are closely related to negligent parents and their children.
2. Representing social services.
3. Employees of educational institutions attended by a child under the age of majority.
4. Representing municipal or state bodies whose attention was attracted by the actions of a father who violated the rights of a minor child.

Representatives of the child’s close and distant relatives, as well as compassionate neighbors and other citizens can initiate the procedure by attracting the attention of the guardianship authorities.

How to limit a father's influence on a minor

The initiative may come, for example, from a mother who cares about the child’s peace of mind and respect for his civil rights. For example, she can decide on what terms he will communicate with his father in her presence, as well as when she is absent.

There are two ways to limit parental influence on children:

1. Establish a procedure for communication in accordance with the agreement to which the mother and father are parties. In particular, the role of the latter as a teacher will be in the area of ​​increased attention: on what days and for what period of time does he have the right to take the child to his territory.
2. Create a schedule for the father’s communication with the minor during the court hearing. This method of restricting parental rights is used in cases where the parent’s actions are dictated not by the need to respect the interests of the child (or children), but by the intention to assert themselves by humiliating someone who is weaker.

Read also: Maternity capital for repairs: apartments, houses, housing reconstruction

Before opening legal proceedings against a father who violates the rights of his child, the applicant must contact the territorial guardianship council.

to start is collecting the papers necessary to file a lawsuit :

• a statement on the identification of facts indicating violations of the rights of minors;
• metric of the child (or children);
• parents' marriage and divorce certificates;
• an extract from the house register at the child’s place of residence;
• conclusions of the guardianship and trustee boards (without the participation of representatives of these government agencies, the court hearing will not take place);
• a document from the educational institution that the child attends (the drafters of the paper must characterize the minor himself and determine the level of parental participation in his upbringing);
• a character reference for the father drawn up by the head of the organization in which he works or representatives of the house management at the place of residence.

The statement of claim must consist of the following information:

• full name of the judicial organization where the claim was filed;
• personal data of parents and child (children);
• name of the guardianship or trustee organization;
• requirements to streamline the contact between the father and the child (here it is necessary to indicate what kind of communication, from the mother’s point of view, will be most useful for the child, as well as outline the reasons why the issue should be resolved in the presence of bailiffs).

Sample application

Restrictions on the parental rights of the father come into force after the court has issued a conclusion indicating a real threat to the life, health or upbringing of the child caused by the parent’s inappropriate behavior.

After the legal authority has made a decision, the judge is obliged to prepare a corresponding extract within three days and send it to the district registry office where the child’s birth certificate was issued.

The results of the court decision: what exactly does the father lose?

The legal process can take a long time. During the proceedings, the interests of children are put at the forefront.

If the court decision is made in favor of the child, the father will have to forget :

• about the benefits and allowances that minors receive from the state treasury;
• about the opportunity to take part in raising a child (or children);
• about free communication with one’s own offspring;
• about the possibility of adopting or guarding other minors.

A father deprived of parental rights is required to perform the following functions:

• support a child (children) who have not reached the age of majority;
• transfer to the offspring property rights to the inheritance due to the child (children) who is his direct heir.

On the circumstances conducive to the abolition of restrictions on the parental rights of the father

A father who has been partially or completely deprived of parental rights may file a counterclaim. If, during an internal investigation, members of the guardianship organization are forced to admit that the living conditions of this citizen are suitable for the maintenance and upbringing of children, an appropriate act will be drawn up.

In order to be restored to paternal rights, the father must provide the court with documentation indicating that the restoration of the family will have a positive effect on the psychological state of the child and will not become a source of moral or physical trauma for him.

Is it possible to restore rights to a child after deprivation of parental rights?

Establishing parental relations is a legally significant procedure. It is carried out at the time of the birth of the baby and the registration of documents at the registry office or upon adoption. However, sometimes the status of mother or father can be lost.

Often this happens as a result of measures taken to protect the rights and legitimate interests of a minor by the E&P authorities. The decision is made by the court. After this, the parent loses all rights, but retains the obligation to provide financial support for the offspring (alimony). In some cases, the mother and father can restore the lost connection with their offspring.

Restoration of parental rights after their deprivation is possible subject to certain conditions that will be described in this article.

How to reconnect with a child

Since the state protects the interests of minor members of society, the legislation is aimed at ensuring that the minor lives in a full-fledged family.

The initiator of the return of rights can only be the parent who was deprived of them. To do this, he needs to submit a personal application. Formation of a document from a third party is not allowed.

The decision must be made personally on the principle of good will.

The procedure for restoring parental relations is regulated by the RF IC, in particular Art. 72. It is relevant only for those children in whose upbringing parents should participate. The issue is resolved during a court hearing. The prosecutor and representatives of the OiP must be present in the courtroom. This is explained by the need to respect the interests of the minor.

Before the authority considers the claim, the guardianship structure must familiarize itself with the living conditions of the citizen deprived of the corresponding status and his financial situation. The on-site inspection is carried out by O&P employees.

Based on its results, an act on the financial and living situation of the family (a citizen living alone) is drawn up. The document is taken into account when considering the applicant’s application. To remove the restrictions once imposed, you will need to meet a number of criteria.

The latter are:

• Absence of harmful (asocial) habits (drug addiction, vagrancy, prostitution, theft).
• A change in views on raising a child compared to the situation before the revocation of rights.
• Employment and the presence of positive recommendations from the employer, district police officer, etc.

Important! To increase the chances of returning rights to a minor, you must meet all of the above criteria. However, even if all conditions are met, the court does not guarantee a positive decision on the claim.

What is needed to lift restrictions on parental rights

This procedure requires careful preparation. The process is carried out in several stages. Cancellation of restrictions is also carried out in court. This requires:

• contact the guardianship structure and obtain approval to return the baby to the family;
• obtain a preliminary opinion on the compliance of housing with the standards established by law, as well as the citizen’s income level;
• collect a package of documents necessary to submit an application;
• send documentation to the court or personally submit acts to the court office. On the day of the meeting, you need to confirm the intentions set out in the text of the petition.

The opinion of a minor is required to be taken into account when considering a case to restore the rights of the mother or father. The procedure depends on the age of the child. If he is 10 years old or older, then consent is indispensable. Otherwise, the decision is made taking into account the interests of the child, as outlined by the guardianship authorities.

After making a positive decision, the person regains his rights and obligations in relation to the offspring. An extract from the court decision is submitted to the registry office within 3 days. The registration authority at the child’s place of residence makes appropriate changes to the civil register.

What papers do you need to collect to file a claim?

The court will not accept the application for consideration unless the required documents are attached to it. A list of them can be obtained from the court office. The package of papers includes the following acts:

• plaintiff's passport;
• a certificate issued at the place of employment indicating the presence of a stable income;
• characteristics compiled by the district police officer, the employer;
• a certificate confirming the amount of earnings for six months (a document may be generated for a shorter period);
• medical certificate confirming the absence of addiction to alcohol and drugs. The act can be replaced with a paper confirming completion of the rehabilitation course;
• act of the financial and living situation of the family (single citizen).
• registration extract at the applicant’s place of residence.

How to formulate a request correctly

To draw up a document, you should be guided by the rules of civil procedural legislation and the sample obtained from the office of the judicial authority. To do this, it is better to contact a lawyer. The peculiarity of lifting restrictions is that the process starts not with demands, but with an official request.

In addition to the full name and address of the judicial authority, the text will need to reflect the following information:

• circumstances leading to deprivation of status, imposition of restrictions on the parent;
• how the situation in the applicant’s family and work life has changed;
• date of filing the claim and personal visa of the applicant;
• list of documents attached to the application.

• Question:
• Are there time limits for filing a claim?
• Answer:

Consideration of a claim is allowed only after prior approval from the guardianship structure.

To do this, a person needs to completely rethink his life and undergo a long course of treatment for drug addiction and alcoholism (if any). As such, the current legislation does not provide for any deadlines for filing an application.

However, there is a rule that a claim cannot be filed in court before the expiration of a six-month period from the date of deprivation of a person’s rights.

Legal consequences

The consideration of the claim is carried out by the district authority at the place of residence of the defendant. The latter can be understood as:

• second parent;
• guardian;
• trustee;
• children's government institution where the baby lives.

The claim is not filed against the adoptive parents. This is explained by the fact that this status initially implies a ban on the restoration of the parental rights of the biological mother and father. Otherwise, it is provided for when the child is returned to the orphanage if the new family refuses to continue to fulfill parental responsibilities.

The legal consequences of the restored status are twofold. Despite the prevailing desire to raise and financially support their own offspring, some applicants also pursue material goals. Thus, citizens who filed a claim and won the process will be able to claim:

• exemption from alimony payments;
• receiving alimony from a child in old age or upon acquisition of disability;
• share in the inheritance.

When the authority refuses the applicant

This can happen for several reasons. The most common circumstances from judicial practice include:

• Failure to comply with the rules required to restore rights. For example, a parent still suffers from alcoholism or has not recovered from drug addiction. Any signs of antisocial behavior are considered a reason for categorical refusal.
• A minor is against reunification with a blood relative.
• Adoption of a child by a new family.

Among other things, the claim is considered only in relation to persons under the age of eighteen (after which the child is independently responsible). It is also impossible to legitimize obligations to a parent who has been convicted of committing crimes against his offspring or who has violated his sexual integrity.

Conclusion

Thus, to return the status of a parent, a citizen will have to carry out a difficult procedure. In addition to filling out an application and collecting a package of papers, you need to completely change your attitude towards raising your offspring and get rid of bad habits. Any signs of antisocial behavior will make the procedure impossible.