For what can deprive the parental rights? Art. 69 SK of the Russian Federation. Deprivation of parental rights
For what can deprive the parental rights? Such a question has always remained topical. What does Russian legislation say about this procedure? On what grounds is it produced and how is it formalized? All of these questions will be answered in the article.
General characteristic of the process
The strictest legal measure that canapply to the parents (or one parent) is the deprivation of the rights to bring up a minor. This measure is aimed at prohibiting the implementation of educational processes for one child.
A citizen is always deprived of parental rights toindefinite term. So, the court is not able to issue a decision, according to which the parent will not be able to perform educational functions for some clear term. Deprivation of the rights to education is always unlimited.
Parent deprived of his rights by lawon the upbringing of the child, does not lose his responsibilities for its maintenance. Such a citizen still has to provide for his offspring - usually financially (by timely paying alimony).
Restriction of rights
The deprivation of the rights of parents should not be confused with theirrestriction. What is the difference between these two concepts? Restriction of the rights to the upkeep and upbringing of the child is a prudent measure for parents who need time to "correct". As a rule, the restriction of rights does not depend on the actions of the parents themselves. For example, a mother or father may become seriously ill, get mental disorders, be away from the child without being able to return to it, etc. The guardianship and trusteeship agencies carefully observe the parents (or one parent) and their behavior. Once the citizen is fully restored, the restriction will be lifted.
Restriction of the rights to the maintenance and education of children- the procedure is rather peculiar, and therefore is rarely used in Russia. Next, we will talk about the procedure for removing parental rights, as well as the reasons for initiating this procedure.
Failure to perform duties
For what can deprive the parental rights? Russian legislation establishes several main reasons why any citizen can be deprived of the rights to raise a child. The first thing to highlight is the banal failure of parental responsibilities.
If the father or mother ignores at least the basicthe child's needs, such as food, clothing, hygiene, medicinal or medical care, it is quite obvious that the parent must lose his rights to raise a child. It is also worth mentioning here also those cases when the parent constantly involves his child in pernicious situations - drunkenness, drug addiction, immorality, disrespect for the elderly, and so on.
A child should not stay in a family where,for example, the mother is an alcoholic, and the father is a drug addict. This will have a detrimental effect on his future life. Separately, it is worth pointing out paragraph 1 of Art. 69 of the Criminal Code of the Russian Federation, which indicates the deprivation of alimony for non-payment, which also applies to non-fulfillment of duties.
Abuse of parental authority
The Russian Family Code spelled outone circumstance, namely, the abuse of the rights to raise a child. What exactly are we talking about? Abuse of parental rights is always the exploitation of the child. This includes coercion to engage in prostitution or begging, the imposition of alcohol or drugs and other violent acts. Any parent who prefers to communicate with his child through violence and cruelty must be deprived of the rights to keep children. The court is obliged to respond in a timely manner to such manifestations, otherwise the pressure on children will acquire a systemic character, and soon it will become a direct exploitation of the child.
Unfortunately, law enforcement agencies areit is very difficult to prove the guilt of the parents on the presented circumstances, and therefore the decision in the form of deprivation of parental rights is taken very rarely. Much more often, the rights to raise children are simply limited.
Ill-treatment of parents with children
Art. 69 The FC RF fixes one of the most frequent reasons for the deprivation of parental rights. It is about the use of violence against a child. Violent actions can be not only physical, but also psychological. If the courts can prove that the child's bodily injuries were left by his ancestors, then the deprivation of parental rights will come immediately. The same applies to mental violence. A child who is often threatened, whose will is suppressed, often begins to behave inadequately. Law enforcement agencies will have to prove that the intentional imposition of threats, fears or intimidation was carried out by the parents.
If the parents did not interfere with the physical or mental violence on their child, then the limitation of parental rights under Article 73 of the Family Code of the Russian Federation may be applied to them.
Severe forms of dependence
Parents-addicts or parents-alcoholicsdefinitely will not be able to raise a child qualitatively. Moreover, it is simply dangerous for children to be in families where their parents are only concerned about receiving a new dose. The Family Code of the Russian Federation ("Deprivation of Parental Rights" - Article 69) does not lead to a clear separation between, for example, alcoholism and drunkenness. To deprive or not to deprive the parental rights - such question concerns only to workers of law enforcement bodies.
It is worth noting that between alcoholism anddrunkenness there is a huge difference. Drunkenness, of course, implies the regularity of drinking. But if this circumstance does not harm the optimal upbringing of the child, the cases of deprivation of parental rights will most likely not be initiated.
Refusing the child and committing a crime
Refusal of the child in the hospital can be due tofor various reasons. So, if a mother has a disability, is seriously ill or simply has no housing, then the refusal to take the child with her will not be considered a ground for depriving the parental rights. And at the same time, the parent who leaves the child in the care of the state without good reason will necessarily lose the rights to education. Especially it concerns those mothers that do not even try to arrange a child in the appropriate state institution, but simply drop it in the hospital.
Another reason for the deprivation of parental rights -committing a crime against a spouse, spouse or child. This includes violence, murder, attempt, suicide, and inaction, which led to the death of one of the members of the family.
What can deprive the parental rights of a person? As already clear from the above reasons, for any action or omission, one way or another, delivering the child harm. Next, we will talk about how to deprive the parental rights of a citizen.
Who can initiate a question?
To start the disqualification processthe upbringing of children, someone's initiative is needed. Who can initiate the issue of denial of the rights to raise children in accordance with the legislation of the Russian Federation? The existing regulatory framework is regulated by a fairly limited number of persons. In particular, here it is worth highlighting:
- one of the parents (father or mother);
- caregiver or legal guardian;
- heads of the guardianship authority, orphanage, orphanage and other organizations for the protection of children's rights;
All these persons are able to file a claim and file itto court. The rest of the citizens can act as witnesses. It is also worth noting that the opinion of the child is also taken into account, but only if he reached the age of ten.
The father is deprived of right
For what can deprive the parental rights of the father? All the main reasons have already been named above. At the same time, the most frequent and widespread circumstance, according to which a parent can be deprived of the right to raise children, is evasion of paying alimony.
The fact of non-payment of child support is absolutely necessaryto prove. Often this is not so simple; for example, a father can present evidence to the court that he can not regularly pay out money. For example, a parent may fall under a contraction at work, become seriously ill, get a disability, be registered with the employment service, etc. If the father is deprived of parental rights, you can think about applying to the court of cassation.
There are cases when the location of the father is completely unknown. Then the court has the right to apply to the police and the FMS to provide information about the missing parent.
The mother is deprived of rights
It should be noted right away that depriving parentsthe right mother is very hard. This is truly an extreme measure, which the court very rarely addresses. The reason for this is quite simple: any child is very attached to his mother, no matter how terrible a person it may be.
Reasons for depriving mothers of the rights to upbringingthe child is the same as for the fathers. In this case, courts prefer to restrict the mother to parental rights, but not to deprive them of the opportunity to raise a child.
The most common reason for depriving a mother of rightsparent - rejection of the child in the hospital. From the legal point of view, this is a "refusal to adopt". The so-called rejection mothers give their child to the care of the state or biological father.
The question of what can be deprived of parentalthe right mother, very uneasy. Recently there has been a tendency for a certain "feminization" of the judicial system: very rarely children remain with their father, and mothers are often deprived of their parental rights. Whether it is good or not is a controversial issue. For example, when a divorce court prefers to "give" the child to an irresponsible mother, and not to a secured and respectable father. All such decisions depend only on the judges, and therefore refer to a specific law here will not work.
Where to go?
Having analyzed all the main causes of deprivationparental rights, it is necessary to pay attention to the very order of the process under consideration. Where should I go, wanting to initiate the question of depriving a citizen of parental rights?
If there is evidenceviolent actions, it is worth contacting law enforcement. Experts will fix the damage and conduct an examination. If it is a question of non-payment of alimony, you will have to turn to court bailiffs. The bodies of guardianship and trusteeship will help to attract the parent to administrative or criminal responsibility, to fix the fact of alcoholism or drug addiction. If it is a question of a dysfunctional family, then the case should be handled by the local prosecutor.
Drawing up a claim
A little more is worth telling about what constitutes a claim for the deprivation of parental rights, submitted to the district court.
The application form is always written. Since neither the Family Code nor the Civil Code fixes any clear pattern, it is possible to make out the application in any convenient way. In this case, the following items must be present in the claim:
- full name of the court in which the plaintiff submits the application;
- information about the plaintiff himself (who he is, date and place of birth, where he works, etc.);
- information about the defendant (the person to be deprived of parental rights);
- detailed requirements of the applicant and bringing the facts of violation of rights (violence, evasion of payment of maintenance, maintenance, etc.);
- list of documents attached to the claim.
The suit must be signed by the legal representative, and then sent to the district court.
Having dealt with the question of how to depriveparental rights of a citizen, it is worth paying attention to the consequences of the judicial process. The issue of the consequences of deprivation of parental rights should be considered from two positions: the child and the parent. Here's what awaits the child:
- possible adoption only six months after the entry of a legal decision to deprive parents of their rights;
- full preservation of the right to inherit or use all the property of parents.
But what consequences do parents expect?
- transfer of the child to the mother or father for the further residence of the child and his upbringing; If both parents are deprived of their rights, the child is sent to the guardianship and trusteeship bodies.
- a parent who is deprived of the rights to raise a child is not deprived of the obligation to support him;
- a parent who is deprived of the right to raise a child may be evicted from the apartment by a court decision.
Thus, the procedure for the deprivation of parental rights in Russia is built fairly competently and thoughtfully, although it requires some legal additions.