Cancellation of restriction of parental rights: sample application, through the court

In any society, the task and primary function of parents is to raise their own children and protect their legitimate interests, taking into account accepted norms of law, order and morality. Unfortunately, the situation in this area is far from ideal - not all fathers and mothers are characterized by a highly developed sense of legal consciousness and parental duty.

Due to the refusal of individual citizens to bear responsibility for their actions, many children from families classified as disadvantaged need measures of additional control over the conditions of their existence and life support.

In order to minimize the risks of a child’s growth and development (and in some cases we are talking directly about his survival), the state is empowered to take fairly stringent measures. Among them is the possibility of eliminating from a child’s life the causes of the destruction of his personality and mental deformation.

In the case of an antisocial environment, the child may be taken away from the family, introducing restrictions on the rights of his parents.

When does this happen?

A measure to limit parental rights is taken when a child finds himself at risk due to the fault of one of the parents or both.

The most well-known and widespread situation is alcoholism in the family with all the consequences - the child is not only deprived of the attention he needs, but may also find himself completely abandoned to the mercy of fate or become a victim of adult aggression.

The list of vices found in asocial families does not end with alcoholism. There are plenty of legal, social and moral violations. The reasons for removing a child from the family are facts of physical violence and inadequate care, the criteria for which are determined by the judicial authorities in cooperation with guardianship representatives.

The principle on which such a right granted to the state is based states: society must provide the child with positive adaptation skills and protect him from mental trauma and distortion of moral standards in human relations.

Other reasons

In addition, there are cases when a parent who is safe in a moral sense is in a situation of serious illness (physical or mental), which does not allow him to provide the child with proper care and support.

In such cases, restriction of parents' rights is also applied as the only possible method of protecting children's interests.

To maintain objectivity, each case is considered and decided exclusively in court.

Such cases can be classified into one of two categories:

1. A life situation provoked personally by the parents (willingly or unwittingly) that threatens the child. In this case, responsibility falls entirely on the mother or father.

2. The adults are not directly to blame for what is happening. But the situation is developing in the most unfavorable way due to force majeure circumstances.

Restrictions on parental rights are introduced in cases where the court sees unlawful elements in the actions of adults towards a child, but there are not enough compelling arguments for deprivation of rights. Thus, this procedure serves as a temporary measure - intermediate between complete well-being and categorical deprivation of parental rights.

What then?

The result can be either the correction of the last mistakes in upbringing and a firm return to the path of strong moral foundations, or a complete cessation of relations with the child.

If the factors that caused the restriction of parental rights are not eliminated by the culprits, their complete deprivation will become an inevitable and natural result.

So this act by the state can be considered as a final warning to adults on the topic of parental responsibility.

Having made the appropriate decision, the court sends an extract about it to the civil registry office at the place where the child’s birth record was registered. This is done within three days.

The result is the inability of guilty citizens to participate in the educational process of their own son or daughter, and sometimes to exert at least some influence on the growing personality.

In difficult cases, they may be prohibited from even regular meetings with the child, or they may only be held in the presence of a specialist teacher.

At the same time, you should know that, like deprivation of rights, restriction has nothing to do with exemption from the need to financially support a child. Alimony for him is assigned in any case in accordance with Article 74 of the RF IC.

A person with limited rights to a child is allowed to meet with him if there is no threat of causing mental, moral or other damage to the latter, as well as to his health and well-being (Article 75 of the RF IC).

The role of guardianship authorities

The decision on this issue is made by specialists of the guardianship authority. It is they who, six months after the decision, have the right to file a claim for the complete deprivation of their parents’ rights. This is done in the case of clear evidence of a lack of progress and the refusal of adults to take the path of correction and compliance with social norms.

If the rights of only one of the parents are limited, and the powers of the other remain intact due to proper care of the child, there is no need for the help of specialists from the guardianship authorities.

As you know, a child legally owns certain property. Responsibility for its preservation in the interests of the minor passes into the hands of the guardian or under the control of the trustee bodies. They also provide accommodation for a minor in the event of his removal from the family.

Is it possible to get my rights back?

The procedure for lifting restrictions on parental rights is carried out in strict accordance with the regulations prescribed in the Family Code. The possibility of such cancellation arises only if the reasons for the decision to restrict the decision are eliminated. In this case, the child’s wishes are taken into account - in the absence of such, cancellation is impossible.

When the decision is overturned by the court, a corresponding extract is also sent within three days to be noted in the registry office books at the place of birth of the child.

Upon cancellation of the restriction of parental rights, a court decision must be made upon the return of the child to the parent. Only after this, all contacts canceled by the court again become legally capable.

The parent again gets the opportunity to use lost benefits, benefits, etc.

But the main thing is that now he is given the chance to fully participate in the life of the child and protect his interests, and specialists from the guardianship authorities are given the right to control this process.

If the critical situation repeats, their right is to remove the child from the family again. In the future, returning to this issue will become much more difficult for parents or even impossible.

How to act

The regulations of the RF IC specify the actions that should be taken to cancel the restriction of parental rights. They are based on certain grounds. Since the fact of restriction of rights was carried out on the basis of an existing and officially proven threat of potential danger to the child if he is left in the family, the absence of such a threat must now be proven.

The concept of danger to a child is differentiated by different age groups. If we are talking about middle-aged and older children, most often they pay attention to the possibility of being involved in a vicious lifestyle, the risk of molestation, and addiction to addictions. For young children, dangerous situations are those in which he is deprived of basic household care.

Before we talk about the abolition of the restriction of parental rights, let us consider in a little more detail who and under what circumstances can file a claim for such deprivation. This right is granted to the spouse of an immoral citizen or other relatives, including grandparents, brothers, sisters, uncles and aunts, etc.

n. It is not forbidden for anyone who witnessed the threat to him to participate in the fate of a child from an asocial family. Most often these are school teachers, neighbors, kindergarten teachers, doctors, etc. Every antisocial family must be registered with the police and the trustee service.

When everything is bad..

As already mentioned, a claim to restrict the rights of parents can also be filed in the case of a person who is morally well, but suffers from a physical or mental illness. If an adult is declared incompetent, the child receives the status of being left without parental care.

When drawing up an application for restriction of rights, it is required to provide detailed and reliable information on the essence of the matter. In addition to the personal data of the plaintiff and defendant, as well as the name of the court and the information of the prosecutor, everything that is known about the fact of unlawful treatment of a minor, indicating age and other necessary documentary data, must be spelled out in detail.

The application must be supported by evidence and end with a request to remove the child from the parent or both. Possible options for placing a minor (in a government agency or with one of the relatives), as well as a request for alimony for his maintenance, are also spelled out there.

How to restore your rights

Let us now move on to the procedure for restoring rights. It is also carried out on the basis of the provisions of the RF IC. This will require a court decision to cancel the restriction of parental rights.

The initiative in this matter should belong to those who are deprived of these rights. At the same time, the request should not be unfounded - strong evidence of correction is required.

The offending parent will have to present real facts indicating that the reason and basis for removing the child from him has been eliminated.

These may include documents from the place of work (if he previously led an antisocial lifestyle), medical certificates (for example, about deregistration at a drug treatment clinic). Testimonies from work colleagues, neighbors and relatives are suitable as evidence.

The more indisputable documents the plaintiff collects, the greater the chances for a successful resolution of the issue.

Court decisions to cancel the restriction of parental rights are made only with full confidence in the fact that the latter has been completely and completely corrected.

If a child reaches 10 years of age, his consent must be taken into account. If we are talking about an adopted child, then judicial practice does not provide for the abolition of restrictions on parental rights.

Eliminating root causes

The reason for reinstatement of parental rights must lie on the same plane as the incident that served as the reason for their restriction. The point here is to eliminate the most important problem of a family, medical or other nature that threatens the well-being or life of the child.

The most common condition for filing a claim to cancel the restriction of parental rights is the requirement to stop taking alcohol and drugs, find employment on a permanent basis, eliminate scandals and other forms of family aggression, remove from the child’s possible environment those persons whose actions threaten his life, physical or moral health. In addition, the reasons may include the material conditions of the child’s residence, the availability of sufficient financial resources, an acceptable state of parental health, and a number of other requirements.

Read also: Large families: age of children and number of children in Russia

How to draw up a statement of claim to cancel the restriction of parental rights

Its text is based on the arguments given in the court decision that limited these rights.

The application should be drawn up in great detail, describing all the accompanying circumstances with detailed explanations of the fundamental change.

That is why there is no standard sample application for the abolition of restriction of parental rights - each case is individual. Although there are templates for the most general scheme. We present one of them below for our readers.

The header of the application contains the name of the court and personal data of those who act as plaintiff and defendant, as well as the names and addresses of the prosecutor's office with the name of the prosecutor and guardianship authorities. At the beginning of the text, the reasons that led to the restriction of rights are mentioned. Further, substantiated and reasoned material is provided in detail, on the basis of which the case can be reviewed.

The awareness and correction of mistakes made during the upbringing of a minor must be explained.

As factual data, the application to cancel the restriction of parental rights provides the place of work, indicating the position and income, and lists the conditions in which the child will live. In this case, reference is made to Article 72 of the RF IC, as well as Articles 131-132 of the Code of Civil Procedure of the Russian Federation.

It is explained that the restoration of the plaintiff’s parental rights is required in the interests of the child, and at the moment the most comfortable conditions are available for his life support.

Below the text of the application is a request for reinstatement of rights and a petition from two witnesses, as well as documentary evidence of the above. Below, as an appendix, is a list of documents confirming the essence of what was written. The application ends with a date and signature.

Source: https://BusinessMan.ru/otmena-ogranicheniya-roditelskih-prav-obrazets-iskovogo-zayavleniya.html

How is the restriction on parents' rights lifted?

• In cases of violations of parental rights, parents may be limited in their rights by a court decision for a certain period, until these violations are eliminated or their causes are eliminated.
• It is possible to remove such a restriction only in court and in the presence of a number of conditions favorable to such removal.

Dear readers! To get advice on your problem, contact a lawyer using the feedback form or call:

Reasons for lifting restrictions

Deprivation or limitation of parents' rights mainly occurs when the parents' behavior poses a threat to the normal existence of children.

The court limits the parents (parent) in parental rights, in accordance with paragraph 2 of Art. 73 of the Family Code of the Russian Federation, in the following cases:

• There are not enough grounds to deprive parents of their rights;
• Depriving parents of their rights can damage the psyche of children;
• The parent has been diagnosed with a mental or other illness that poses a danger to the children living with such parent.

Parents can be fully restored to their legal rights and the restriction can be lifted, according to Art. 76 of the RF IC, on the basis of a court decision, subject to the simultaneous fulfillment of the following two conditions:

• The reasons for which restrictions on parents’ rights were established have been eliminated;
• Returning children to their parents is not contrary to their interests.

The plaintiff needs to convince the court that he has changed his attitude towards fulfilling his parental responsibilities and the return of parental functions to him is advisable and in the interests of his children.

• A certificate from a narcologist about the treatment of a parent who previously abused alcohol and long-term coding;
• Certificate of salary of the parent for the last three months;
• Certificate of regular payment of alimony payments in the proper amount;
• A medical certificate confirming recovery from the disease that caused the restriction of the parent’s rights;
• Witness testimony about changes in the parent's lifestyle;
• Certificate of increase in living space.

Drawing up an application to the court and the procedure for lifting the restriction

Parents who have had their rights restricted usually go to court to have this restriction lifted. At the court hearing, a prosecutor and an employee of the guardianship authorities must be present, representing in court the interests of minor children in respect of whom the plaintiff had limited rights.

To restore his rights, a parent must draw up a statement of claim, indicating himself as the plaintiff, and the guardianship authority as the defendant.

• Descriptive part;
• Evidence;
• Resolution part.

1. In the first part, the plaintiff indicates the fact of his restriction in the rights of a parent and the reasons for such restriction, indicating the date of the decision and the data of the children in respect of whom the plaintiff had limited rights.
2. Further (in the information part) the plaintiff indicates the elimination of such reasons and provides evidence, attaching relevant certificates.
3. In the operative part, the plaintiff asks the court to lift the previously imposed restriction, restore himself to parental rights, and return the children, citing the circumstances listed in the evidentiary part.

The application must also indicate your own data and attach all the collected evidence, as well as a copy of the marriage or divorce certificate and the birth certificate of the children.

The court makes a decision in the interests of the children and taking into account the opinions of the guardianship authorities and the prosecutor present at the meeting.

Execution of a court decision to restore parents to their rights includes:

• Notification of the court decision to the civil registry office within three days from the announcement of the verdict;
• Returning the child to the parents;
• Resumption by parents of the actual exercise of their rights.

Arbitrage practice

- Dmitry Ivanov. Lawyer

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

How to cancel the restriction of parental rights?

The law does not establish a specific period after which the restriction of parental rights can be lifted. The measure is expected to be temporary. Restoration of rights is allowed. It is carried out in court and requires verification of the parents' lifestyle, their living conditions and income.

Grounds for lifting restrictions on parental rights

The restriction applies to the right to personal education of the child. In the RF IC – Art. 77 provides for the possibility of meetings between parents and a minor, if this does not negatively affect the physical and mental health of the child. Consent will need to be obtained from the other parent with whom the child lives.

In the absence of a parent or if he is also limited in his rights (deprived of the complete right to communicate and raise the child), permission must be provided by the guardianship authorities. It is formalized in writing. Guardianship may also insist on a specific time and place of communication with the minor, especially if the child is kept in a care and educational institution.

Procedure for restoration of parental rights

The following facts will need to be established:

• parents have realized their illegal behavior and are ready to correct themselves;
• the parents took specific measures to correct the situation: they established a normal relationship with the child, took care of the minor, and changed their lifestyle;
• parents take administrative and judicial measures to protect their rights.

The question of restoration of parental rights is not without subjectivity. The Family Code of the Russian Federation gives the right to decide whether a parent has reformed or not to the court and guardianship authorities. The child's opinion is taken into account. If he is against communication with the parent, then the court, taking into account the interests of the minor, may not satisfy the claim for restoration of parental rights.

The basis for restoration of parental rights is also the overcoming of a difficult life situation, on the basis of which the parent was limited by the court in the right to personally raise the child.

Such grounds are served by a court decision, during which the parties prove the facts - corrections of the parents, their readiness to raise the minor.

If a citizen has overcome a difficult life situation: recovered, gotten rid of alcohol and drug addiction, restored his emotional state (come out of depression), then the court, on the recommendation of the guardianship authority and the prosecutor, has the right to make decisions and restore the parent to his legal rights.

First of all, you will need to try to independently establish contact with the child, the other parent or legal representative with whom the minor lives.

The law does not specify the methods that can be used to communicate with a child. The RF IC contains a rule that does not exempt from providing child support, even when the parent is deprived of the right to personal upbringing and cannot see his son or daughter.

Material support for a minor must be provided in a timely manner - by court decision or on the basis of a notarized agreement. The parent himself, deprived of his rights, must make an attempt to communicate and take the initiative. You can use the support of mediators - qualified mediators who are ready to help resolve family law disputes through contractual means and encourage the parties to compromise.

Based on the results of negotiations, parents can sign an agreement that determines the time and place of communication with the child. Additionally, you can formalize an agreement to provide the minor with financial support.

The agreement is binding, but the second parent has the right to limit the parent, deprived of the right to personally raise the child, in the time of communication, taking into account the real situation - the illness of the minor, his bad mood, employment (in sections, circles).

Procedural nuances

The issue of preliminary determination of the order of communication with the child can be resolved during the trial.

The RF IC does not prohibit a parent whose right to raise a loved one is limited from filing a claim and proving the possibility of actual communication with the child.

The court may reject the claim if it determines that communication between the parent and the child will have a negative impact on the emotional state of the latter.

The best option would be for the parents to agree on the procedure for communicating with the child before the trial. The nuances of each situation are taken into account. Restriction of rights is considered a forced measure and should not consist of deliberately preventing the other parent from communicating and raising the child.

If you want to restore parental rights, the parent (possibly together with a representative by power of attorney or law) must:

• try to come to an agreement with the second parent who is raising the child, or with the administration of the institution where the minor is located, to reach an agreement on the time of communication with the child (the date of the minor’s visit). You can also establish forms of communication: walking together, talking, visiting children's events;
• contact the guardianship authority with a request to facilitate the abolition of restrictions on parental rights. In practice, court decisions depend on the position of officials. If the authorities are against it, then great attention will need to be paid to collecting evidence. It will be needed in order to confirm the socially approved lifestyle of the parent, his employment, income, marital status;
• file a claim in court. Cancellation of restrictions is possible only by court decision.

The procedure depends on the reasons why the parent was deprived of the right to personal education of the child. If a parent is seriously ill, stabilization of his health condition, including long-term remission, will be required.

Then the guardianship and the court study the submitted medical documentation.

Read also: Maternity capital for the third child: the amount if you have already received for the second

If rights are limited due to reasons of a social and (or) interpersonal nature, it will be necessary to convince the guardianship authorities and the court that the parent has corrected his behavior.

Filing a claim

Court proceedings are considered a mandatory procedure for restoration of parental rights. The statement of claim is filed at the location of the defendant or his permanent registration. The document should be drawn up according to the rules provided for in the Code of Civil Procedure of the Russian Federation - Art. 131-132. The statement of claim indicates the name of the court and information about the parties.

The defendant is the second parent or legal representative with whom the child is actually located. Guardianship authorities and prosecutors' offices are indicated as third parties. Their representatives must be present at the trial.

The statement of claim must have a title. The document should describe the current situation in detail: indicate the reasons why the parent was limited in his rights.

It is also necessary to indicate in detail the circumstances that contributed to the correction of the second parent - he found a job, acquired residential premises on the basis of ownership or long-term lease, and improved his lifestyle.

If the parent periodically communicated with the child after the restriction of rights, then this should also be mentioned. In the petition part you will need to indicate a request for restoration of parental rights.

The following documents will need to be attached to the claim:

• a copy of the applicant's passport;
• a copy of the minor's birth certificate;
• information about income, copies of title documents for real estate;
• copies of administrative acts (if available);
• receipt of payment of state duty - 300 rubles.

The number of copies of the claim must be equal to the number of participants in the proceedings, including one set of documentation for the court. The final list of documents depends on the specific situation. It is advisable to know the defendant’s position in advance.

The court has the right to ask the opinion of the minor. His attitude may also vary. It is possible that the second parent may influence the opinion of the minor. The court must take into account the interests of the child. He has the right to refuse the claim if he is convinced that restoration of rights is contrary to the interests of the minor.

The Family Code of the Russian Federation does not name specific situations when a parent’s desire to restore their rights to independent and personal upbringing of a child contradicts the interests of a minor. Taking into account judicial practice, this happens when a child does not remember the second parent well or does not remember him (when the child is small) and is brought up in a wealthy foster family.

The claim to cancel the restriction on parental rights will be satisfied when the parent can convince the guardianship and the court that being near the child and raising him will not negatively affect the health of the minor.

The opinion of the second parent and guardian is taken into account, who should not abuse their rights and approach their implementation formally.

Interaction with guardianship authorities and litigation will require qualified legal support.

Source: https://lawinfo24.ru/family/lishenie/otmena-ogranicheniya-roditelskix-prav

Lawsuit to cancel restriction of parental rights in 2020 - sample, who the defendant is, evidence

Restriction of parental rights is only a temporary measure that is used in situations where raising and cohabiting a child with his father (mother) may pose a danger to him.

If all the circumstances that caused the restrictions to be applied have disappeared, then the parent can file a claim with the court and have them canceled.

What it is

 The current legislation in the Russian Federation traditionally puts the interests of the child first.

• If a minor child living together with his father (mother) poses a danger to him, then the court may impose restrictions on parental rights.
• This measure is used when circumstances beyond the control of the parents pose a danger, for example, serious illness or a sharp deterioration in financial situation.
• Sometimes restriction of parental rights is also used as a measure of temporary influence on parents, if the grounds for deprivation are still insufficient or collecting the necessary evidence requires considerable time.

Restriction of rights is a temporary measure and this is established by current legal norms.

The circumstances that led to the imposition of such a sanction may disappear over time. This will give the parents (one of them) the opportunity to go to court to lift the restrictions and restore their rights.

Current legislature

The possibility of limiting the rights of parents and the temporary nature of such measures are established by the Family Code of the Russian Federation.

It also gives the father (mother) the opportunity to file a claim for restoration of parental rights. When drawing up an application, you will need to be guided by the current norms of the Code of Civil Procedure of the Russian Federation.

What are the grounds

When submitting claims to the court, it is imperative to provide their reasons. Considering the peculiarity of this category of disputes, they can only be based on the fact that the reasons for applying restrictive measures to the parent have disappeared.

The most common causes of action that may support the need to lift restrictions are:

 The recovery of the parent, confirmed by relevant medical documents. Changes in lifestyle and attitude towards raising the child. Improvement in the financial situation and the availability of the necessary funds to provide for the child.

Depending on the specific situation, there may be others when a claim is filed to cancel restrictions, for example, the payment of alimony by the father has become regular.

Subjects of the process

Any claim concerning the interests of the child must be considered with the involvement of representatives of the guardianship and trusteeship authorities in the process.

The decision made by the court often depends on their conclusions. Additionally, a prosecutor must be involved in the process of this category.

1. This need is due to the fact that the issue concerns restrictions on one of the fundamental rights provided for in the Constitution.
2. Naturally, the plaintiff and the defendant must participate in the trial.
3. The child’s opinion will play a huge role for the court, because the decision must necessarily take into account his interests.

If the child has already reached the age of 10 years, then he can be heard directly at the court hearing; in other situations, the issue will be resolved strictly individually. Most likely, his opinion will be taken into account from the words of representatives of the guardianship authorities.

Who is the defendant

The defendant in a claim to cancel restrictions is the person who initiated their introduction.

Most often, these are guardianship authorities, but in some situations they may also be other persons, for example, if the restriction of parental rights was initiated by a close relative of the child, for example, the second parent.

If during the period of restrictions the child was placed in a family, then the defendant in the document must still indicate the guardianship authorities, but the actual defendant, depending on the situation, will be the adoptive parents, guardian or trustee.

Important! Cancellation of the restriction of parental rights will automatically lead to the cancellation of the decision to establish guardianship and trusteeship.

Plaintiff

The plaintiff in such cases may be a person whose parental rights were limited by the court. Those. this is the mother or father of the child.

There may be situations where both parents are plaintiffs at the same time. This happens if restrictions were simultaneously imposed on the parental rights of the mother and father, for example, according to a claim from the guardianship authorities.

Video: restoration of parental rights

Claim for cancellation of restriction of parental rights (sample)

Any claim must be drawn up taking into account the specific situation. A sample statement of claim for restoration of parental rights can be downloaded here. But using such statements as a template without any modifications is pointless.

They provide a good basis that allows you not to miss important points, but you shouldn’t trust them completely. If possible, do not neglect the help of professional lawyers.

Let us consider in the table the structure and summary of the main parts of the claim:

 Introductory part (head of the claim) Reasoning part Petition Name of the judicial body and its address, details of the plaintiff, defendant and third parties (guardianship authorities, if they are not the defendant) Grounds for canceling restrictions on parental rights Specific requirements - cancel restrictions, restore parental rights, return the child, etc.

When preparing a claim, the plaintiff should pay great attention to the descriptive (motivational) part.

It describes the grounds for lifting the restrictions, for example, the plaintiff has revised his lifestyle and is going to take an active part in raising the child, or the disease that caused the restrictions has been cured, etc.

An application is submitted to the district (city) court. Territorial jurisdiction should be determined by the place of residence (location) of the defendant.

Incorrectly determined jurisdiction can lead to the return of the claim and an increase in time to resolve the issue, due to the need to file the claim again in the appropriate court.

Important! You need to know that cases on the abolition of restrictions on parental rights cannot be considered by magistrates.

There is no need to pay a state fee when filing a claim in this category. In the petition part, you can include a request for exemption from its payment with reference to Art. 333.36 Tax Code of the Russian Federation.

Providing evidence

The plaintiff will have to prove that the circumstances that caused the restrictions introduced have ceased.

To do this, you can use various documents, testimony of witnesses, among whom may be relatives, neighbors, medical workers, and so on.

The court is most confident in evidence presented by official documents, which may include the following:

 Certificate of health issued by the relevant medical institution Certificates and reports from guardianship authorities Various characteristics issued at the place of work or study

The second point that the applicant must prove is the expediency of returning the child. Usually this is precisely the goal that the applicant pursues when filing a claim in court.

But in reality it can be quite difficult. In this matter, the position of the minor child himself will be of great importance.

Additionally, to confirm the feasibility of returning, you can submit the following documents:

• salary certificate;
• a copy of the work book;
• documents confirming the availability of appropriate living conditions (lease agreement, certificate of ownership of the apartment, etc.).

Even the presence of all the necessary supporting documents does not at all guarantee that, having canceled the restrictions on parental rights, the court will decide to return the child.

The fact is that the return of a child should not affect his interests, rights, or well-being.

Often the court decides that it would be better for him to remain with a guardian, especially if he is a close relative (grandparents, etc.).

Additional documents

The application must be accompanied by copies of all documents according to the number of persons participating in the case.

Evidence alone will not be enough; the following documents must be attached to the claim:

 A copy of the court decision that established restrictions. Child’s birth certificate/establishment of paternity. Petitions to call witnesses and request evidence (if necessary) 

Can they refuse?

The court may refuse the requirements at the very beginning. For example, if an application is made with errors or filed in the wrong court, it will be returned.

If it turns out that an identical claim is already being considered or a decision has been made on it, then a new one will also be refused.

After consideration of the claim, the claims may also be denied. For example, if the circumstances that caused the restrictions have not completely disappeared and the danger to the child still remains.

Read also: Marriage procedure: what documents are needed in 2020

The court may refuse the requirements, taking into account the opinion of the child himself, if he objects to the restoration of the parent(s) in rights.

The court satisfies the demands only partially, refusing to return the child, considering it inappropriate.

Family disputes regarding children are one of the most difficult categories of proceedings that courts of general jurisdiction have to deal with.

And claims for the abolition of restrictions on parental rights are no exception. Even if all the circumstances that caused the initial decision have disappeared, this does not mean that the plaintiff’s demands for the abolition of restrictions will be fully satisfied.

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

Source: http://yurday.ru/isk-ob-otmene-ogranichenija-roditelskih-prav/

Statement of claim for restriction of parental rights

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

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

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

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

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

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

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

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

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

Statement of claim

on restrictions on parental rights

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

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

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

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

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

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

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

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

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

 

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

Cancellation of restrictions on parental rights in 2019: judicial practice, statement of claim

The restriction of parental rights will be canceled if the grounds for such a court order have disappeared, and the parent has gone to court and presented significant evidence of improvement in his behavior.

Let's consider how to draw up a claim, what documents will need to be prepared and what actions need to be taken in order to regain the right to participate in the life of your child.

Basic information

If a parent is limited in the corresponding rights, then the child is taken away from him. It is necessary to separate the concepts of restriction of parental rights and their deprivation.

There is a list of circumstances defined by law in which a parent’s rights to a child are limited:

• the presence of a parent is dangerous to the health and life of a minor (an adult has been diagnosed with a mental disorder or serious illness);
• the adult committed any unlawful acts: left the minor unattended, often caused scandals in the family due to aggression, alcoholism, drug addiction, attempted the life and health of children and other family members and close relatives.

Restriction of parental rights leads to the fact that a person can no longer raise a minor, live with him in the same territory, and also receive state benefits and benefits that were transferred to his child.

According to current legislation, a parent has the right to go to court to cancel the restriction of his rights if the grounds for this have disappeared.

How to file a claim

The claim must be made in writing. It is necessary to comply with all legal subtleties and nuances - otherwise the claim will be rejected by the court.

Download a sample statement of claim for restoration of parental rights

The claim must contain the following information:

• personal information about the applicant: his full name without any abbreviations, date and address of birth/place of residence;
• personal information about the defendant;
• appealing to the court with a request to cancel the restrictions imposed on the parental rights of the plaintiff, providing a reference to the cessation of circumstances that harm the health and life of the child, as well as to change one’s attitude towards the upbringing and provision of the minor;
• list of attached documentation;
• signature of the applicant, date of writing the application.

The court examines the circumstances of the case, listens to the participants in the trial, and then makes its decision. It enters into legal force after 6 months - this period is intended to ensure that the plaintiff has the opportunity to appeal a negative decision to cancel the restrictions imposed on his parental rights.

Required Documentation

The following package of documentation will need to be attached to the claim:

• birth certificate of a minor (you must first make a photocopy of the document);
• a receipt confirming the fact of payment of the state duty;
• a court order imposing restrictions on parental rights (you will need to provide a photocopy of the court decision);
• photocopy of the plaintiff's passport;
• characteristics from the place of employment;
• witness's testimonies;
• a certificate from a medical institution stating that the plaintiff does not have mental disorders and that the serious illness has been cured.

If the minor has reached the age of 10, then his opinion will be taken into account during the trial. For example, when a child resists in every possible way a positive court decision to lift restrictions, does not want to meet with a parent, firmly expressing his intentions not to live with him in the future, then the court can meet him halfway.

Legal consequences of satisfying claims

If the court satisfies the claim, then the applicant’s parental rights are returned. However, in some situations, a minor child may remain with the other parent.

After the court has made its decision, 1 calendar month must pass for it to enter into legal force. After 3 days, the court sends a certificate to the registry office. The parent gets the opportunity to pick up his child.

The applicant also gets the opportunity to continue to take part in raising the child and use state financial assistance if he was entitled to it.

Grounds for refusal

The following list of circumstances may serve as a basis for refusing to cancel restrictions on the rights of a child:

• the drafted claim contains errors;
• the applicant has not submitted the required documents;
• the court ruled that the plaintiff’s evidence was insufficient to cancel the restrictions on his rights as a parent, that he continues to pose a danger to his child and poses a threat to his life and health;
• the applicant provided the court with information that did not correspond to reality, and during the consideration of the case this fact was revealed.

If the statement of claim is drawn up illiterately or if any documents are missing, the application will not be accepted for consideration.

If the plaintiff has provided insufficient evidence of correction of his behavior, then the court may issue a dismissal of the case - either full or partial.

Let's sum it up

Current family legislation aims to protect the rights of minors and promote the creation of strong, family unions where adults are fully aware of their responsibility for the well-being of children. If one of the parents abuses his rights, posing a significant threat to the life and health of the child, then his rights may be limited or completely revoked.

If the circumstances for restricting parental rights are eliminated, then the person has the right to apply to the district court to remove them. When the court issues a court order, it will provide the parent with the opportunity to become involved in their child's life again.

If you want to find out how to solve your particular problem, please use the online consultant form below or call :

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