The procedure for restoring parental rights

A new bill with changes in the process of adoption of orphans, which was supposed to come into force in 2020, has been postponed to January 1, 2021. It has not yet been finalized. In any case, many of the basic aspects of the procedure remain the same.

List of documents

Since 2018, as part of the Decade of Childhood project, the government has been reforming the adoption process. On the one hand, it is aimed at simplifying the procedure, on the other, at protecting the rights of orphans in foster families. So, on January 6, 2018, the list of documents required for submission to the guardianship authorities for adoption was shortened, and in 2020-2021 it includes:

• passport and short autobiography;
• a copy of the marriage certificate, if available;
• information on income and characteristics from the place of work;
• confirmation of housing compliance with sanitary and technical standards;
• health certificate according to form No. 542.

Certificates of criminal record, information from personal accounts of the home, and the Pension Fund of the Russian Federation were excluded from the list. This data will still be required, but the guardianship and trusteeship authorities will receive it through interdepartmental communication.

The medical certificate has an expiration date of 3 months. It's best to do it last.

Benefits and payments

In 2020-2021, no fundamental changes are expected regarding material support for families with adopted children. Amounts will only be recalculated to take into account inflation. So in 2020, when adopting, you can count on:

1. One-time benefit – 16,759 rubles. If a family accepts a child under 7 years old, a disabled person, or several brothers or sisters at once, it increases to 128,053.08 rubles.
2. Decree. According to Art. 257 of the Labor Code of the Russian Federation, when adopting a baby under 3 months of age, parents have the right to 70 days of maternity leave. It is paid in the amount of 100% of the average salary for the last 2 years. If there are several children, then it is extended to 100 days.
3. Monthly benefit for up to 1.5 years. It is calculated as 40% of the official salary of the adoptive parent.
4. Maternal capital. It amounts to 453,026 rubles. Upon adoption, parents can dispose of these funds according to the same rules as at the birth of children.

Parents can also enjoy the right to a tax deduction when paying personal income tax. This is 1,400 rubles for the first and second children and 3,000 rubles for subsequent ones. If a disabled person is adopted, the deduction is 12,000 rubles.

There is also another option for registering adoption.

In this case, adoptive parents do not legally form family ties with their children and do not have rights to maternity capital or a monthly allowance for up to 1.5 years and social benefits.

Local authorities may provide other incentive options. Thus, in the Nizhny Novgorod region, a one-time payment was established for schoolchildren with a certificate of “4” and “5”.

Tightening adoption rules in 2021

Back in 2019, the Ministry of Education proposed a bill that, from January 1, 2020, would change the adoption procedure and add responsibilities to adoptive parents.

In particular, in the first version of the document adoption was prohibited if there are three or more children in the family. However, this would automatically deprive parents of many children of their rights. Therefore, after a petition from citizens, the bill was revised. In the new version, the document should come into force on January 1, 2021, if it is approved by the government. Thus, it proposes to introduce mandatory legal and psychological support for families with adopted children. There are still several major innovations that will significantly change the adoption process.

One child per year

Instead of limiting to 3 children per family, the Ministry of Education proposed a different methodology. Thus, it will be possible to adopt no more than one child per year. It is believed that this is the minimum period that foster children need to adapt to new conditions.

However, there will be an exception to the rule. If it is possible for siblings to be adopted at the same time, this will be permitted. This is how the government tries to preserve family ties between orphans.

Psychological testing

In addition to the mandatory medical examination of the mental state of future adoptive parents, it was proposed to introduce an additional measure of control before adoption. According to the new bill, it is proposed to introduce psychological testing for “professional suitability”.

A significant disadvantage of this idea is that there are no reliable tests that could determine a person’s actual readiness to accept an orphan into a family. Social activists believe that such an initiative will only become a new obstacle that will prevent the child from leaving the orphanage.

Moving ban

The essence of the proposal is that a family with adopted children must provide the guardianship authorities with information about their new place of residence. If the housing meets all the requirements for comfortable living conditions, moving is permitted. Otherwise, parents need to look for other options.

This proposal appeared due to the increasing number of cases of deception of guardianship officials by adoptive parents. Having gone through all the stages of verification and having received the right to take the orphan, they simply move, regardless of whether the new conditions are suitable for the life and comfortable development of the children.

However, given the bureaucratization of the process, many situations may arise when families will be prohibited from changing their place of residence without any particular reason. Therefore, the attitude towards the bill remains wary.

• What is adoption and features of the procedure: video

Restoration of parental rights

To initiate restoration of parental rights, the deprived parent is obliged to change his lifestyle and meet all the criteria established by law and the guardianship authorities to regain the opportunity to raise and communicate with the child. The labor-intensive procedure consists of several stages, but to avoid complications, it is recommended to follow a step-by-step algorithm.

Why can parental rights be deprived?

Deprivation of parental rights is an extreme measure used by the court to prevent one or both parents from communicating with the child.

The procedure is carried out in the presence of the following grounds, provided for in Art. 69 RF IC:

• Malicious evasion of alimony payments. A willful defaulter is a citizen who systematically fails to transfer money for the maintenance of a child if, as a result, he has incurred a large debt. At the initiative of the bailiffs, he should be brought to administrative responsibility. Repeated violations may result in liability under Art. 157 of the Criminal Code of the Russian Federation. The recipient of alimony representing the interests of the minor has the right to petition for deprivation for such a reason.
• Avoidance of parental obligations: providing the child with food, clothing, care. Here the initiative can come from the second parent, the prosecutor or the guardianship authorities.
• Refusal to take a child from a medical institution. As a rule, an official refusal is issued while still in the maternity hospital.
• Abuse of parental rights: preventing a child from receiving an education, limiting his communication with close relatives or one of his parents, involving him in begging or prostitution, etc.
• Child abuse: psychological or physical violence, assault on sexual integrity, etc.
• Chronic drug addiction or alcoholism. Claims for deprivation must be supported by medical certificates about the parent’s registered condition.
• Committing a deliberate crime against the life and health of a mother or a minor. Confirmed by a court verdict that has entered into legal force.

Important! Some actions may result in criminal liability. For example, in case of an attempt on the sexual integrity of a child, the parent is charged under Art. 131-135 of the Criminal Code of the Russian Federation.

Here everything depends on the qualification of the crime: committing acts of a sexual nature does not imply physical contact, and Art. 132 of the Criminal Code of the Russian Federation. In this case, the punishment is milder than for rape (Article 131 of the Criminal Code of the Russian Federation).

Deprivation in all cases is carried out with the participation of the guardianship authorities and the prosecutor's office:

1. One of the parents applies to the OUiP with a statement describing detailed grounds for deprivation. The child’s neighbors can also file a complaint: for example, if he is systematically beaten. However, in this case the initiator will be the guardianship authorities.
2. OOiP checks the living conditions and draws up a report with a detailed description. If the basis for deprivation is cruel treatment of a minor, neighbors are interviewed and documents are requested from the police (with the involvement of employees of the Ministry of Internal Affairs to resolve conflicts).
3. Guardianship authorities prepare documents for the court. If the plaintiff is the other parent, he is involved in this. You will need an act describing the living conditions.
4. Court hearings are held, documents and evidence are studied, witnesses are interviewed. Representatives of the POiP and the prosecutor's office should be present here.
5. A court decision is made. It comes into force in a month. This time is given to the parties to argue.
6. A writ of execution is issued. It is the basis for the forced removal of a child. If the parent refuses to give it up, the procedure is handled by bailiffs and OOiP.

Important! Unlike restrictions, no time limits are set for deprivation. This means that until parental rights are restored, the mother or father will not be able to communicate with the child and take part in his life. Subsequent communication is possible only when he reaches adulthood at his request.

Restriction of rights to a child is considered a less strict measure and is established for a period of up to six months. Most often it is used as a warning to give the parent the opportunity to correct himself and reconnect with his son or daughter after recovery. If a parent does not change his behavior within six months, the next step is deprivation.

The application of restrictions is allowed if leaving a child with a parent is impossible due to the adult’s antisocial lifestyle, as well as when committing actions that pose a danger to the mental and physical health of the minor.

Consequences of deprivation and restrictions

If we are talking about deprivation, then the consequence here is the complete loss of the right to raise a child. If he lives with his father or mother, the court considers the issue of further cohabitation. If it is determined that this is not possible, the parent may be forcibly evicted.

Those deprived of parental rights will not be able to claim the property of a minor and receive alimony from him, while their alimony obligations remain, even if he is placed in a boarding school. The consequences of the restriction are not so severe: the court may allow the parent to communicate with the child if it determines that these meetings will not harm him.

In both cases, parents lose the right to receive state benefits if they were previously issued.

Grounds for restoration of parental rights

The most common grounds for deprivation of rights to a child are failure to fulfill parental obligations, immoral lifestyle, alcoholism, drug addiction or abuse of a minor.

The deprivation is for an indefinite period. When a child reaches adulthood, he himself has the right to decide whether he should communicate with the deprived parent.

Before the specified period, the mother or father can restore their rights subject to the conditions specified in Art. 72 IC RF:

• Lifestyle changes. For example, if a parent had not previously raised a child, was prone to alcoholism and did not take any part in the life of his daughter or son, for which he was deprived of his rights. In this case, it will be possible to recover only if there is documentary evidence of alcohol or drug addiction, but for the rest of his life, the citizen in a medical institution will be included in the “risk group.” Testimony from witnesses will also be required who can confirm that the deprived person has changed his behavior, got a job, began to look more neat, etc.
• Providing optimal living conditions. If the guardianship authorities, during an inspection before deprivation, established that a citizen lives in an apartment that does not meet sanitary and technical standards, this is reflected in the act and attached to the materials of the court case. To recover, the parent will need to carry out repairs and improve living conditions. This is done primarily in the interests of the child.
• Official employment. When identifying the fact of material need in conjunction with other factors listed in Art. 69 of the RF IC, a parent may be deprived of their rights. To recover, he will need to find an official job and have a stable income sufficient to ensure a normal life for a minor. This is confirmed by certificates from the employer.
• Positive characteristics regarding the place of residence and work. Two different references may be required - from neighbors and from the employer. In both cases, documents must indicate the person’s personal qualities, his behavior in society, lifestyle, etc.

Thus, to restore parental rights, it is necessary to eliminate the cause of deprivation and radically change the way of life for the better, as well as collect a list of documents confirming the changes.

If the court considers that the parent has settled down and can be entrusted with raising the child, the decision will be made in his favor. Oral evidence and persuasion are not taken into account, with the exception of the testimony of uninterested persons.

How to restore parental rights: step-by-step instructions

At the initial stage, you should contact the guardianship authorities. They check the living conditions without fail. During the inspection, not only the housing, but also the identity of the applicant itself can be checked: employees can interview neighbors to collect complete information about him. All details are reflected in the commission’s act. Subsequently, it is attached to the case along with other materials.

If a citizen finds a job, stops drinking alcohol, but does not improve his living conditions, he can be reinstated in his rights without the possibility of living with a child until the obstacles are eliminated. The step-by-step algorithm itself looks like this:

1. A statement of claim is filed in the district court. It is submitted at the place of residence of the defendant: guardianship authorities, second parent, guardian or adoptive parent. In the latter case, adoption procedures will be required, but this is possible in exceptional circumstances and is rarely allowed.
2. Evidence is being collected. They can be presented simultaneously with the filing of the claim or during the trial. The list depends on the grounds on which the parent was deprived. For example, if the deprivation was made due to alcoholism and drug addiction, medical certificates and references from neighbors and the employer will be needed.
3. The application with the submitted documentation is accepted by the court for proceedings within 5 days. After this, notices are sent to the parties with the date of the first meeting. The participation of guardianship authorities and the prosecutor's office is mandatory.
4. The plaintiff and defendant participate in the hearings. The maximum period for consideration of a case is 2 months.
5. Based on the results, a decision is made to satisfy the claims or to refuse to satisfy them. In the first case, the court additionally creates a writ of execution.
6. The child is transferred to the restored parent on the basis of a writ of execution. If the other party prevents this, the IL is sent to the bailiffs for enforcement.
7. An extract from the decision is sent to the registry office for entering information into the documentation.

Important! If the deprived father is divorced from his mother and the child’s place of residence has been determined with her, after restoration he can discuss the order of communication with the minor with his ex-wife, draw up an agreement on the order, or go to court to establish it. In this case, the minor is not transferred to him; he remains with the woman. The same applies to cases of leaving a child with his father.

It is also worth considering that if the child is over 10 years old, his consent to reinstatement will be asked during court proceedings. If he opposes, his opinion is decisive. Even if the parent has changed radically and is characterized positively by everyone, it will be problematic to achieve the opportunity to communicate with his son or daughter.

Documentation

What documents will be needed to consider the claim:

Document	Where to get it
Passport	MARRIAGE REGISTRY
Act on checking living conditions	Child protection
Certificate of deregistration due to chronic alcoholism or drug addiction	Drug Dispensary
Characteristics	Neighbors, employer, child’s place of study
Certificate of absence of alimony arrears	FSSP

How to file a claim

There is no established claim form, but when filling out the following information must be included:

• names and addresses of the court, guardianship authorities and prosecutor's office;
• Full name, passport details of the plaintiff;
• FULL NAME. and the date of birth of the child, the presence of family ties (mother, father);
• what is the change in lifestyle, at what point did it happen;
• address of the place of residence;
• petition for restoration of rights and transfer of the child;
• a list of the attached documentation;
• number and signature.

The application is drawn up in two copies. One is returned to the plaintiff with a note of acceptance, the second remains in court. A copy is made of it and sent to the defendant.

Consideration of the case in court

In total, the case is considered for no more than two months. The deadlines may be extended if one of the parties requests a postponement of the meeting for valid reasons, supported by documents. Based on the results, a court decision is issued. After entry into force, the plaintiff will be able to raise the child again on the basis of it and the writ of execution.

Important! If the rights are restored, but the second parent still does not allow communication with the minor, you can file a lawsuit with a request to establish a communication procedure. This is true if mothers or fathers live separately from their children.

A ban on communication between a minor and his mother, father or close relatives is interpreted as a violation of his rights and legitimate interests, and the courts in most cases take the side of the plaintiffs in cases establishing the order of communication. In addition, in some situations this may indicate abuse of parental rights. If the court decision is not followed, the parent may be subject to administrative liability.

What happens when a decision is positive?

If the decision is positive, an extract from it is sent by the court to the registry office within three days to make changes to the child’s documentation. After this, parents can again live with their children and raise them. Alimony obligations for them are cancelled. Thus, there is a full restoration of the rights that adults could enjoy before deprivation.

When it is not possible to restore parental rights

There are situations when it will not be possible to restore the rights to a child even with a radical change in lifestyle and the presence of positive characteristics:

• The child himself is against communication with the deprived. It is worth considering that if he is more than 10 years old, the court will ask his opinion on the issue under consideration. If a minor does not want to communicate with a parent, it will not be possible to restore rights, because The judiciary always acts in the interests of children.
• The child was adopted. Here, restoration will require either the voluntary abandonment of the parents or the forced cancellation of the adoption by court. In the latter case, the deprived person cannot be a plaintiff - everything is carried out on the initiative of the guardianship authorities.
• An incomplete package of documents has been submitted or the court considers restoration unacceptable. This happens if the parent fails to convince government agencies of the trustworthiness and possibility of providing the minor with decent maintenance and upbringing.

If the court makes a negative decision, it is possible to appeal in court. If the document has entered into legal force, the parent can file a cassation appeal to a higher authority. The Supreme Court of the Russian Federation is considered the highest body, and its decisions come into force on the day of registration and are not subject to appeal.

How to cancel an adoption

The adoption can be canceled if the adoptive parents do not fulfill their obligations, suffer from drug addiction or alcoholism, or systematically beat the child.

It is important to take into account that the deprived parent does not have the right to file a claim to cancel the adoption - this is within the competence of the guardianship authorities and employees of educational institutions. PD staff must check the child’s living conditions and talk with him and his parents. Upon completion of this procedure, a conclusion is drawn up.

If the guardianship authorities recognize the cohabitation of a minor with his adoptive parents as dangerous to his life, upbringing and health, a claim to cancel the adoption is filed in court. How everything looks step by step:

1. The OOiP receives a statement about cruel treatment of a minor by adoptive parents, or about other violations specified in Art. 69 RF IC.
2. The guardianship authorities conduct an inspection and issue a conclusion.
3. A claim is being filed to annul the adoption. In addition, evidence of unlawful behavior of the adoptive parents is provided.
4. A court decision is made.

Only with a positive decision of the court are the rights of the adoptive parents revoked after they enter into legal force. At this time, the deprived parent may file a claim for reinstatement. It should be borne in mind that restoration of parental rights in the presence of an uncancelled adoption is impossible.

What is the procedure for restoring parental rights?

Restoration of parental rights requires a person to go to court, and the claim will be satisfied only if the applicant has really revised his behavior, lifestyle, and living conditions. Employees of the guardianship authorities and the prosecutor take part in the judicial consideration of the case, whose opinion is also taken into account when making a decision.

Parents have certain responsibilities towards their children. If these responsibilities are not fulfilled, adults risk losing their legal status.

But when a mother or father is deprived of parental rights, this does not mean that the person will no longer be able to participate in the child’s life.

If you want to regain custody of a minor, you can go to court with a claim and the necessary documentation.

The parent will need to convince the court that they have improved their behavior and lifestyle.

For this purpose, evidentiary documents are provided: certificates from medical institutions and drug dispensaries, characteristics from the address of employment, study and residence.

During the trial, the plaintiff has the right to use the assistance of witnesses. They will inform about the improvement of the parent’s living conditions, life circumstances, as well as his attitude towards raising and providing for the child. Close people, neighbors, friends, colleagues and other persons can act as witnesses.

Parents who wish to regain lost rights must:

• change your behavior that caused the revocation of your rights;
• improve life circumstances in order to be able to provide the minor with normal conditions for his education, upbringing, and recreation (for example, get a job);
• reconsider your attitude towards your child.

If the court finds that, for example, a parent still suffers from alcohol addiction or drug addiction, then it will reject his claim.

Deprivation of rights is carried out in the following situations:

• The mother or father shirks obligations - for example, after a divorce, a man unreasonably fails to pay alimony, and he has accumulated a large debt;
• Adults abuse parental rights: they accustom the child to drugs and alcohol, do everything to prevent the minor from learning and developing normally;
• Parents refuse to pick up their child from a maternity hospital, kindergarten, school, medical or other institution without good reason;
• Parents practice mental and physical abuse of the child;
• The mother or father has been diagnosed with chronic alcoholism, addiction to drugs, as proven by a medical report;
• The parent committed an intentional crime against the life or health of the minor/spouse.

Restriction of rights is carried out if it has been determined that the child’s presence near his parents is unsafe for him:

• the parents have been diagnosed with a mental disorder or a serious chronic illness;
• parents find themselves in difficult life circumstances, which negatively affects the quality of life of the minor.

After a parent’s rights are limited, the adult has 6 months to correct himself or correct the circumstances. After this, he has the right to go to court to lift the restriction.

As for the return of lost rights after their deprivation, in this case the procedure becomes more complicated.

Before going to court, you will need to visit the guardianship and trusteeship authorities. Representatives of the institution inspect the living conditions of the parents in advance, after which they draw up a special report. In this document, they express their opinion on whether the minor would really be better off with a parent.

After the circumstances of the parent’s residence have been studied, and representatives of the guardianship authorities have drawn up a report, the person has the right to go to court. But the presence of an act with positive test results does not guarantee that the court will cooperate and return the rights.

To regain lost rights, a person must contact the district court at the defendant’s registered address.

The claim will need to include the following information:

• information about the plaintiff and defendant (the latter can be either an individual or an organization - for example, those in whose care a minor is);
• name and address of guardianship authorities;
• name and address of the prosecutor's office;
• information about the parent, minor, indicating his full name, date and address of birth;
• information on deprivation of parental rights: details of the court decision, grounds for deprivation;
• an indication that the grounds for deprivation of rights no longer exist (for example, the parent has revised his behavior and lifestyle, got rid of harmful habits);
• an indication of the availability of conditions for the upbringing and education of a child (a property in good condition, a permanent place of work, a stable salary indicating its amount);
• a request to restore the plaintiff’s rights and transfer the child to him to live together at a specific address;
• list of attached documentation;
• date of filing the claim, signature of the parent.

Download a sample statement of claim for restoration of parental rights

Required documents include the following:

• photocopy of the parent's passport;
• a photocopy of the birth certificate of the child;
• certificate from the employment address;
• certificate of income received by the applicant;
• a medical certificate establishing the fact that the applicant has undergone specialized treatment and got rid of drug/alcohol addiction (if this was the reason for the revocation of parental rights);
• characteristics from the enterprise where the parent is employed, or from his residential address;
• certificate of family composition;
• an act of examining the plaintiff’s living conditions;
• a receipt establishing the fact of payment of the state duty (its amount is 300 rubles ).

This list of documents is not exhaustive: if the plaintiff has additional certificates and papers that are relevant to the case, then they will also need to be provided.

Guardianship and trusteeship authorities must take part in the judicial review of the case. The prosecutor is also a participant in the trial. It acts as an additional guarantee of respect for the rights of the child.

The duration of the case in court is up to 2 months. After the court has made its decision, it enters into legal force after 1 month.

If the parent does not agree with the negative decision, then he has the right to appeal to the appellate authority and appeal the decision. If the decision is positive, then the court, within 3 days, informs the registry office where the minor is registered.

Rights are indefinite, but if obligations are violated, parents risk losing them again.

Judicial practice shows that in the following situations it will not be possible to return the rights to a child:

• when a minor claims that he does not want to live with his parents or one of them, or treats this fact with indifference;
• if the child is adopted (however, if the adoptive parents abandon the minor, the biological parents have a chance to restore their rights and return it to themselves);
• if the plaintiff has accumulated a child support debt, and at the time of initiation of the trial he did not pay it off.

When adopting a child, the plaintiff and the court are not provided with information about the minor’s new parents. At the same time, domestic legislation prohibits adopting a minor within 6 months from the moment the parent lost his rights. As a result, he has time to go to court and return the child to himself.

In a situation where the child is already 18 years old on the date of going to court, it will not be possible to restore the lost rights. Even if a parent got a job or got rid of a harmful addiction, all this is unimportant.

Before restoring the rights of a child who has reached the age of ten, the court is interested in the opinion of the minor himself. If he is categorically against this, then the court will reject the claim - regardless of what reasons the child provided for his decision.

If the child is under 10, then his opinion will be asked, but it is not decisive.

In rare cases, adults are faced with the fact that their parental rights are deprived of them without informing them about it. This is possible if the summons was sent to a residence address known to the plaintiff, which was then returned to the post office due to the expiration of the storage period.

In such a situation, a person will need to restore the period for appeal, and then go to court to restore lost rights. The claim will need to indicate the reason for missing the appeal deadline.

Restoration of parental rights: procedure, judicial practice, legal assistance

If a citizen has gotten rid of alcohol or drug addiction, found a job, improved their living conditions, and began regularly paying child support, he has the right to restore parental rights after their deprivation.

The issue is resolved in court with the participation of the guardianship authorities and the prosecutor, so it is important to provide convincing evidence that the parent has changed his lifestyle, corrected negative behavior, and changed his attitude towards raising a minor.

In the article we will consider the grounds for restoration of parental rights, the procedure for resolving the issue through the court, the reasons for refusal, and current judicial practice.

Grounds for restoration of parental rights

The grounds for restoring the rights of a parent in relation to a child are provided for in Article 72 of the RF IC. A parent deprived of the opportunity to participate in the life of a minor must apply to the court with a corresponding demand.

To receive a positive decision, a citizen must fulfill the following conditions:

• change behavior (act in the interests of the child, improve communication, end conflicts, not violate administrative and criminal laws, pay child support regularly);
• change your lifestyle (get rid of alcohol or drug addiction, find a job);
• reconsider the attitude towards raising a child (actively participate in education, instill constructive values, abandon mental violence, take him away from the orphanage).

Thus, in order to return a child, you need to correct the reason why the parent was removed from participation in his life.

Important! When deciding on parental rights after restrictions, the opinion of the minor is taken into account. Upon reaching 10 years of age, the court must take into account his consent or refusal.

What is the procedure for restoring parental rights?

The issue of restoration of rights in relation to the child is resolved through the court. At the same time, a request for the return of the minor may be considered. Let's look at the trial procedure.

Where to contact

The jurisdiction of this category of case is determined according to the rules established by Articles 23-24, 28 of the Code of Civil Procedure of the Russian Federation. Disputes regarding children are within the competence of district and city courts. Documents must be submitted to the court located at the defendant’s place of residence. The defendant is the second parent, boarding school, or guardian.

You should know! If a child is adopted, it will not be possible to restore his rights. Reinstatement is possible in cases where the adoption has been cancelled.

What documents are needed to restore parental rights?

Before going to court, it is necessary to prepare an evidence base confirming that the citizen has eliminated the circumstances that served as the basis for deprivation of parental rights.

First of all, you need to visit the guardianship authorities. The specialist will inspect the parent’s living quarters and draw up a report. It indicates whether the housing is comfortable and whether the child can live comfortably in the apartment.

In addition to the act, the documentation package includes:

• medical statement of treatment completed at a drug treatment clinic;
• income certificate;
• information about the absence of alimony arrears;
• statement of a minor about the desire to live with his mother or father (upon reaching 10 years of age);
• characteristics from the place of employment;
• characteristics from the district police officer.

The more evidence the plaintiff provides, the greater the chance of regaining his rights.

We must remember! To verify the accuracy of the information, the court has the right to order a drug examination. It will allow you to confirm or deny whether a citizen has an alcohol or drug addiction.

How to file a claim

After preparing the documents, you should draw up a statement of claim. It must meet the requirements of Article 131 of the Code of Civil Procedure of the Russian Federation. The text indicates:

• name of the court according to the jurisdiction of the dispute;
• information about the plaintiff and defendant;
• reasons for deprivation of rights in relation to a child;
• details of the court decision;
• grounds for reinstatement of rights;
• references to legal norms;
• claim to court;
• list of applications;
• date and signature.

The claim is drawn up in two copies. One is sent to the court with documents, the second is returned to the applicant with a note of acceptance. Additionally, a copy of the application for the defendant must be submitted to the court.

Download a sample statement of claim for restoration of parental rights

If you encounter any difficulties in filing a claim, we recommend that you use the services of a professional lawyer. He will help collect evidence and correctly present the plaintiff’s arguments.

The plaintiff also has the right to send an application by mail, issuing a registered letter with notification and a list of attachments.

How the case is handled

If the documents received by the court comply with the requirements of the Code of Civil Procedure of the Russian Federation, the claim is accepted for proceedings. The judge sets a date and time for the hearing and invites the defendant to submit written objections.

The guardianship authorities and the prosecutor are invited to the meeting. Testimony from witnesses and explanations from specialists (psychologist, doctor, etc.) may also be required.

We must remember! A claim for the restoration of a parent’s rights is not subject to state duty (clause 15 of part 1 of Article 333.36, Review of the Presidium of the RF Armed Forces dated July 20, 2011).

It takes 2-3 months to consider the case. If the evidence confirms the applicant's arguments, the court will make a positive decision.

How is a court decision enforced?

After receiving a decision on reinstatement of rights, you need to wait until it comes into force. Pursuant to Part 5 of Article 72 of the RF IC, within three days, the court sends an extract from the judicial act to the civil registry office. The department specialist makes the appropriate record of the birth certificate.

If the defendant prevents the execution of a court decision, the plaintiff has the right to receive a writ of execution and hand it over to the bailiffs. The issue of transferring a minor to a parent is resolved in a similar manner. Sometimes the presence of employees of the Ministry of Internal Affairs is required.

When it is not possible to restore parental rights

There are situations when the court refuses to restore rights. Here are the most common of them:

• a minor under the age of 10 refuses to live with a parent;
• the child is adopted and the decision has not been reversed;
• the plaintiff is a persistent defaulter of alimony;
• the plaintiff has previously committed acts of physical or sexual violence against a minor;
• the minor acquired full civil capacity at the age of 16 (emancipation);
• the child has reached the age of 18.

If the claim is rejected, the citizen does not have the right to participate in the upbringing of the minor or live with him. By agreement with the other parent, he can establish constructive communication with him.

Judicial practice in disputes regarding the restoration of parental rights

As can be seen from judicial practice, a positive decision is made when it meets the interests of the child. As follows from paragraph 25 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated November 14, 2017 No. 44, the court must check whether the behavior and lifestyle of the parent has changed, whether he has changed his attitude towards raising the child. If the situation has not changed, the plaintiff receives a refusal.

Example. Levchenko T.A. filed a lawsuit to restore her rights in relation to her daughter. Previously, by a court decision, the child was transferred to the raising of his father. The defendant objected to the claim, pointing out that the mother abandoned her daughter immediately after birth.

When living together with a minor, she often returned intoxicated in the company of strangers. The court found that after the birth of her daughter Levchenko T.A. left home, leaving the child in the care of her father.

The plaintiff completely withdrew from the upbringing and maintenance of the minor, did not provide financial assistance, and was not interested in the fate and health of the girl. As follows from the housing inspection report, the plaintiff’s house burned down from the inside; no one lives in the premises. Levchenko T.A.

lives in a rented apartment without concluding a written agreement with a cohabitant, therefore this housing is regarded as temporary. Witnesses explained that the mother rarely comes to visit the child and brings worn and dirty things that are not age appropriate. The girl does not know her mother, she calls her grandmother her mother.

The psychologist in conclusion recommended isolating the child from traumatic situations associated with the mother. The court considered the appeal of Levchenko T.A. premature and rejected the claim (Appeal ruling of the Moscow Regional Court dated July 3, 2013 in case No. 33-14261/2013).

Legal assistance in restoring parental rights

If you have decided to begin the process of restoring parental rights in relation to a child through the court, you should visit the guardianship authorities, obtain characteristics from the employer, district police officer, neighbors, and find witnesses.

To prove to society that you are a worthy parent and have changed your behavior, you need to be well prepared and competently draw up a statement of claim. The chances of a positive decision will increase if you use the help of a qualified family law attorney.

Our specialists will advise you free of charge on all issues. Contact our lawyer now!

Source: https://glavny-yurist.ru/vosstanovlenie-v-roditelskih-pravah.html

Changes to the Family Code of the Russian Federation from January 1, 2020

On January 1, 2020, the new edition of the Family Code of the Russian Federation comes into force. Legislators decided to create a register of unscrupulous guardians (trustees), adoptive or foster parents, as well as persons deprived of parental rights.

The edition of the Family Code of the Russian Federation was amended from January 1, 2020 by Federal Law dated August 2, 2019 N 319-FZ.

Its norms provide for the creation of a register of unscrupulous guardians (trustees), adoptive or foster parents, as well as persons deprived of parental rights.

Those citizens who are included in this register will be prohibited from adoption and guardianship. Moreover, they will not even be provided with information about children left without parental care.

Register of unscrupulous guardians and adoptive parents

The following information will be added to the regional data bank and the federal data bank about children left without parental care:

• about citizens deprived of parental rights or limited in parental rights;
• about citizens removed from the duties of a guardian (trustee) for improper fulfillment of the duties assigned to them by law;
• about former adoptive parents, if the adoption was canceled by the court due to their fault.

In order to prevent the transfer of children to such citizens for upbringing, documented information (questionnaire) is compiled.

In this regard, the norms of Article 70 of the RF IC, as amended, are entrusted to the court with the obligation to send an extract from the decision on deprivation (limitation) of parental rights to the guardianship and trusteeship authority at the place where the decision was made within 3 days from the date the court decision on deprivation of parental rights.

A similar duty of the court is established by the following rules:

• Article 72 of the Labor Code when deciding on restoration of parental rights;
• Article 76 of the Labor Code of the Russian Federation when abolishing restrictions on parental rights;
• Article 73 of the RF IC when parental rights are limited;
• Article 140 of the RF IC on the abolition of adoption.

The information will go not only to the civil registry office, but also to the guardianship and trusteeship authority at the place where the decision was made.

The guardianship and trusteeship authorities, in turn, are obliged to send information to the regional registry operator about citizens deprived of parental rights or limited in parental rights, about citizens removed from the duties of a guardian (trustee) for improper fulfillment of the duties assigned to them by law, about former adoptive parents in no more than 3 working days from the date of receipt of data from the court.

Source: https://news.myseldon.com/ru/news/index/221321654

On January 1, 2020, a new law on bad parents came into force

This law amends the Family Code and the law on the data bank for children left without parents. If anyone doesn’t know, in our country we have different data banks on orphans - both a federal data bank and a regional one.

But the law on the data bank - the old one - was adopted back in 2001, and since then our lives have changed very much in some aspects. Accordingly, changes to the law were required.

According to the new law, information about people deprived of parental rights or limited in parental rights is added to all data banks about children.

The Family Code of the Russian Federation is supplemented by provisions imposing on the court the obligation to send an extract from the decision on deprivation of parental rights, restoration of parental rights, abolition of restrictions on parental rights, cancellation of adoption not only to the registry office, where the child was issued a birth certificate, but also to the guardianship at the place making a decision.

Seven-year-old Aisha from Ingushetia suffered bullying from her aunt

Guardianship authorities will now be required to provide the regional operator, in addition to information about each orphaned child, also information about the adults who were related to him.

That is, send information about citizens deprived of parental rights, removed from the duties of a guardian, about former adoptive parents who have not lived up to their trust. The law requires such information to be sent to officials for the “black list” within no more than three working days from the date of receipt of such information.

The Ministry of Education and Science proposed creating a register of unscrupulous parents.

The list of mandatory collection and processing information contained in the child’s application form and the state data bank is expanding. For now, information about his education and employment is filled out in free form and only if the guardianship authority has such information.

It should be recalled that the Ministry of Education and Science proposed creating a unified register of unscrupulous parents and guardians back in 2017. It is clear that the idea of ​​whether a person is bad or good can be a matter of taste. But in law, bad faith will be determined based on a court decision.

Let us remind you that now, according to the law, uncles and aunts who have been deprived of the rights to raise a child cannot again adopt a child or become his guardians. But everything on paper is good. In life, this order is violated often and with impunity - there is no single database.

The new law will exclude the transfer of children to the families of persons who cannot be adoptive parents or guardians by definition.

It will not only create a unified register of people deprived of parental rights or limited in them, but will also clarify the procedure for interdepartmental exchange of information about “bad” parents.

What other requirements will appear from the moment the new law comes into effect? Guardians and adoptive parents will be able to move and change their place of residence only after their new home has been inspected by the guardianship.

Why did you have to change the law and the Family Code? Every year in Russia approximately 4 thousand children are returned as “unwanted”. Adoptive families give children back as something that did not fit in size, color or style. Every year, criminal cases are initiated against adoptive parents who abuse children. There are terrible statistics on the death of “unsuitable” children.

For a child, such hell is for the rest of his life. Now parents from the “black list” are answerable to the law only if an accident occurs - a child is killed or seriously injured. But if they have not ruined their little life, they will be given more children. More precisely, benefits, benefits, payments. Didn't it work out? Does the guardianship have any questions or suspicions? You can quietly move to a neighboring region.

Now this won't work.