Tragically, in today's world, civilian judges and guardianship authorities have to deal with a term such as deprivation of parental rights. A large number of divorced women are increasingly turning to lawyers with the question of how to deprive the father of parental rights. Also, sometimes, rarely, but still, the question arises as to deprive the mother of parental rights. Termination of parental rights - is not easy.
What you need to know about such a process, as the deprivation of parental rights, and about how this procedure should be carried out? It is mandatory if the order is necessary to resort to a lawyer, or can be dealt with in such a matter as the deprivation of parental rights of their own? To answer this question, read this article for details about de termination of parental rights. Knowing this information will help you avoid unnecessary disturbances and loss of time.
The first thing you should define this circle of persons who have the right to legal action in the civil court. This list is set by Article 70 of the Family Code of the Russian Federation:
- The mother or father. The fact with anyone at the moment the child lives together, does not matter. The initiator of this process, as the deprivation of parental rights, may equally serve both parents.
- Persons who officially replaced the parents - adoptive parents, foster parents and guardians.
- Bodies whose function is to protect the rights of the child. Bodies of trusteeship, guardianship, home - boarding schools, children's homes.
- Commissions on Minors (inspection PDN).
- The prosecutor also may initiate termination of parental rights.
Contrary to popular belief, the child's relatives - grandparents, aunt, uncle, and so on - are not eligible to apply to the court for deprivation of parental rights. The only thing they can do - is to appeal to the guardianship authorities with the statement that had been taken immediate steps to protect the rights and interests of the child. The guardianship authorities are obliged within three days to review the application, investigate and take the necessary steps, if needed.
Why are civil judges are increasingly faced with claims for deprivation of parental rights? Typically, in each case, each family their motivation similar activity. However, almost all the causes can be divided into three distinct categories which are described below:
- Very often one of the parents suing for deprivation of parental rights in order to have an opportunity to eliminate the obstacle in the form of the second parent to adopt a child stepfamilies.
- Also, very often it filed for termination of parental rights of the parents who never show any concern about the child and did not provide him financially. This is done so that in the future a negligent parent was not possible to demand that the adult child of the material content.
- Deprivation of parental rights, leading asocial way of life and pose a threat to the physical and emotional condition of the child.
Just how serious these grounds for termination of parental rights? If in the case when parents are their child serious a real threat, the need for deprivation of parental rights is not in doubt, the first two reasons do not always cause the need to resort to such drastic measures.
If the parent with whom the child lives, remarries and his stepfather or stepmother wants to adopt a child, deprivation of parental rights is not always necessary. Please contact your local guardianship authorities - the staff prompt you the principle of adoption procedures in such cases.
In the same case, if a parent does not take any part in the life and education of the child, does not help him financially, in order to protect the child, after he grows up, the requirements for payment of child support elderly parents, deprivation of rights is also not necessary. If, as an adult, the child will receive such a requirement, it will need to apply to the court. In that case, if the court is established that the parent does not participate in the upbringing and maintenance of the child, the child will be released from the duty to maintain their disabled parents.
In the event that the case is heard about deprivation and limitation of parental rights, the defendant in this case can act as both parents or one of them. In some cases, one parent deprived of parental rights, and the other - to restrict the rights. The Family Code provides for the possibility of bringing an action for deprivation of parental rights of the parents of the child who has not attained at the time of filing suit the age of sixteen.
The procedure for deprivation of parental rights standard. By place of residence of the defendant filed a claim for deprivation of parental rights. In the same case, if reliably establish the place of residence is not available possible lawsuit is filed at the place of the last known residence of the parent - the defendant or of the place where are his things. Due to the fact that it is often impossible to determine the location of the defendant, usually the father, the suit served a double - and the deprivation of parental rights, and the appointment of child support. Such an action may be brought at the place of residence of the father, and it will be announced on the wanted list of the - of the non-payment of alimony. Termination of parental rights and child support are often seen as part of a trial.
Documents required for deprivation of parental rights
In that case, if you want to deprivation of parental rights of the foreigner, the procedure must take place in accordance with the law of the country in which the child resides. This provision is regulated by the first paragraph of Article 32 of the Convention legal assistance in civil and family matters.
Anyone who applies for a termination of parental rights is obliged to strictly follow the requirements on the content and form of filing a claim. It is sure to really assess how reasonable the deprivation of parental rights in a specific case, is it possible to do without it. There is a list of documents that must be submitted to the court with a lawsuit:
- Child's birth certificate, or all of the children in respect of which is the question of deprivation of parental rights.
- The certificate of marriage or its dissolution if the marriage was registered officially.
- Act survey of living conditions of the child and each parent.
- Registration certificate of parents and their child on Form 9.
- Information about the characteristics of dwellings each parent, issued in the form 7. information form 7 and 9 are essential in case there is reason to assume that a child will not live at the address of their permanent residence, and in rented accommodation or accommodation in order the parent with whom to live.
- Documents confirming the right of parents to use the living quarters. This could be a certificate of state registration of ownership or rental agreement.
- Personal characteristics obtained by the defendant's place of work.
- Personal characteristics obtained by the plaintiff's place of work.
- In the event that the defendant suffers from alcoholism or drug addiction, the court must provide documentary evidence of this fact - a medical certificate obtained in drug treatment clinic.
- Any other documents, somehow confirming any inappropriate and asocial behavior of the defendant.
- It is also necessary to provide to the court documents confirming the financial situation as the plaintiff and the defendant. Such documents may include: information on the form of personal income tax to 2 working parent, you want to take in the accounting of the enterprise.
- You must also provide the court with a complete reliable information documented on all types of existing sources of income from their parents. This can be extra income, income from rental housing, interest deposits in banks and other.
If the procedure for termination of parental rights initiated because of the threat to the health and safety of the child, the following documents:
- If there has been abuse of a child, you must submit proof of this fact.
- If there has been a deliberate crime against a child or other family member, the court must submit documents confirming this fact.
- Also on display Court must submit the personal characteristics of the child from the school, which teachers need to display the level of the overall development of the child's emotional state, and the fact most of the parents bringing up a child.
- The plaintiff must make sure to take all the necessary information from your local inspector.
- You must also provide the court with documents that confirm the fact of voluntary abandonment. This may be a refusal to take him home from the hospital, the institution of social protection, and so on. D.
If the defendant does not take part in the material content of their minor child, the applicant must provide the court:
- In the event that alimony was going through the court, a copy of the judgment for alimony.
- A copy of the writ of execution on the recovery of maintenance.
- It is also required to present a certificate of the amount of arrears of child support, which is necessary to obtain the bailiffs. However, this is only possible if the alimony exacted through the court, or the court has previously forced to sue for recovery of maintenance from the respondent.
- In that case, if the defendant is wanted as malicious defaulters of alimony, the plaintiff must also present this certificate, which can also be taken to the court bailiffs.
In that case, if the mother sued the deprivation of parental rights of his father, it is necessary to write a statement, observing certain requirements. As a rule, the court is always a sample of such statements, however, in any case, the following describes the main points that need to be described in a statement:
- The application must specify the header name of the court to which the plaintiff submits the application.
- Also in the header must be specified plaintiff, his name (if it is not a private person), the address of the defendant and his phone.
- In the statement should describe what exactly lies the failure to comply with their parental responsibilities by the defendant.
- It is necessary to describe the circumstances of what is happening, and the proof of these facts.
- At the end of the application must specify the list of all the documents attached to the application.
- Also at the bottom of the application is necessary to put the date of its filing and its signature.
These are the basic documents for the deprivation of parental rights. Perhaps in the case need any - any additional documents, so the plaintiff must advance to find out.
In the event that the reasons for termination of parental rights constitute a real threat to the health and even the life of the child, the guardianship authorities are forced to withdraw from the family of the child even before the court decision on the deprivation of parental rights. If the action is brought against only one of the parents, the child's place of residence until a court decision is determined by the other parent.
Progress in the judicial investigation
During the trial, the judge will find out how it is related to the performance of their parental responsibilities, both sides - the plaintiff and the defendant. This explains the fact that the other parent is often attracted to the litigation as a third party. If the trial court finds it necessary to restrict the rights of the other parent, he would bring order to the guardianship authorities over which oblige sue for deprivation or restriction of parental rights of the other parent.
When the deprivation of parental rights for a child older than three years of age, the child also has the right during the trial to be heard. Russian legislation does not contain any indication of what should be the minimum age limit. The United Nations Convention Rights of the Child on the matter reads as follows. A child is able to formulate their attitude towards this issue can be heard during the trial, which affected his personal interests.
However, it must be remembered that the process of termination of parental rights hearing the views of the child allows for a more objective assessment, but is not obliged to take into account its opinion. It was only after the child reaches the age of ten his opinion is taken into account by the court when deciding.
In any case, the child's views to be heard. And if it is for some - any reason will not be taken into account, the court must justify in writing the refusal. That is why the child's wishes were not taken into account, have to be displayed during the trial. Questioning the child does not have to be carried out during the official meeting. The opinion of the child can be found in advance by teachers or by the guardianship authorities.
If the defendant is well aware of the consequences of termination of parental rights, and does not want to lose them, he must cooperate with the court. He can promise that will immediately begin treatment for alcoholism or drug addiction, get a job, stop behaving anti-social way of life, spend more time with the child. In such a case, the court may adjourn the proceedings for a specified period of time necessary to correct the defendant.
The effects of deprivation
The population is very widespread misconception that the termination of parental rights entails a complete loss of communication with the child. However, this is not the case - if the parents are deprived of parental rights, it does not mean that they are exempt from the obligation to maintain their child. As mentioned above, together with a claim for deprivation of parental rights, as a rule, to sue for the recovery of maintenance for the minor child. However, in some cases, such a claim may be missing. In this case, the court may go beyond the boundaries of the claim and make their own decisions on the appointment of deprivation of parental rights of the defendant alimony penalties for child until his adulthood.
After depriving parents of their parental rights, family changes - the legal status of both children and parents. However, the information in the records of civil status does not change, as well as in the documents of the parents do not put any mark that they are deprived of parental rights. In that case, if the parents are not conscientious and honest, they later can use their parental rights, which they have denied.
It is in order to avoid such situations, the court shall, within three working days from the date of entry into force of the court decision on deprivation of parental rights in writing, notify the authorities of the registry office. After that, they will need the appropriate note in the child's birth certificate.
Also worth mentioning about the deportation of parents deprived of parental rights. In the event that the parent deprived of parental rights and the child live together in the privatized housing, and the Court concluded the impossibility of living together, devoid of the rights of parents may be evicted without alternative accommodation.
In the same case, if the apartment is owned in equal parts as a child and a parent, the parent eviction is impossible. In this case, the child should be evicted. However, the ownership of the child remains for life.
In addition, even if the parents are deprived of parental rights, after their death, the heirs of the first stage are their children.
Limitation of parental rights
In addition to termination of parental rights, the court may restrict them. In some cases, a petition for termination of parental rights by the court can be rejected, but instead made a decision to restrict parental rights. Limitation of parental rights shall be made in cases where the abandonment of a child with one parent or both can be dangerous for the child, but for the deprivation of parental rights in full enough reason.
Also, the court may temporarily restrict the parental rights of the parent who has committed certain offenses, for reasons beyond its control - for example, mental illness, or concurrence of difficult life circumstances.