How to deprive a father of parental rights without his consent? How to deprive a child's father of parental rights and is it worth doing? How to deprive a father of rights to a child

Deprivation of parental rights is, to put it mildly, not a pleasant procedure. Before going to court with such a claim, think a hundred times whether it is worth doing. But if your husband has disappeared from your life for a long time or treats your son or daughter poorly, then there is nothing else left to do but to deprive the child’s father of parental rights.

Reasons for deprivation of parental rights

We would like to note that not only the father, but also the mother can be released from all rights to the child. As a rule, this happens much less frequently, but still current legislation gives both parents the same rights and responsibilities.

So, why is a father deprived of his parental rights? Naturally, the mother's desire alone will not be enough. For this, the Family Code provides a specific list of reasons:

Persistent evasion of child support or failure to fulfill other parental responsibilities;

For refusal to pick up another institution;

Manipulation of parental rights (for example, when one parent does not allow the other to see and communicate with the child, to raise him);

Inhumane treatment of a child (attempt, sexual harassment and other actions);

Parental alcohol or drug abuse;

Other criminal acts that pose a significant threat to the child.

How to deprive a child's father of parental rights: file a lawsuit

In order to deprive the father of all rights to the child, you first need to go to court. To do this, you need to prepare a claim, where you must indicate the following:

Name of the court;

Details and address of the plaintiff;

Consequences of deprivation of parental rights

Before depriving the father of a child of parental rights, the court carefully examines all the grounds and evidence to make a correct and legal decision. Sometimes it is very difficult to prove the defendant's guilt. If, nevertheless, the court deprives the father of the rights to the child, then the parent, accordingly, loses all the powers that he had on the basis of his relationship with his daughter or son. Namely:

Receive any benefits that may be due to citizens who have children;

Have the right to future maintenance from an adult child;

From a child (if he, God forbid, dies).

For the child, in turn, nothing changes materially. He will also receive alimony (if established), has the parent’s property, and remains to live in the premises where he lived before the court’s decision. The mother, without the father's permission, can travel abroad with the child, change his surname, and her new husband will have the opportunity to adopt the child.

It should also be remembered that the court has the power not only to deprive parental rights, but also to deprive the father (mother) in the future. If the parent reconsiders his behavior and subsequently proves in court that he has completely changed, then all lost rights can be returned to him.

If you are thinking about how to deprive a child's father of parental rights, first ask the opinion of the son or daughter himself. Perhaps your desire is provoked by resentment, revenge, or a desire to simply attract attention, but not by common sense. In any case, approach this problem very thoughtfully and seriously.

How to deprive a father of parental rights? Unfortunately, this question often arises in many families. Women have to fight the arbitrariness of the head of the family in radical ways, but there is simply no other way out when the life and health (both physical and mental) of their beloved child is threatened by a domestic tyrant. The procedure for depriving the rights of one of the parents is complex and involves a large number of bureaucratic delays. That is why it is so important to know all the aspects and nuances of future litigation. If you cannot afford the advice of a professional lawyer, be sure to read the tips below.

What should every parent do?

To ensure that no one can challenge your parental rights and responsibilities, you must take proper care of your child. What exactly does Russian legislation require from mothers and fathers in relation to their beloved offspring? The main postulates usually look like this:

• health care;
• development of the child in the psychological, moral and physical areas;
• ensuring secondary education;
• representation of rights;
• protection of interests.

It was initially established that both parents indicated on the birth certificate have equal rights and responsibilities for raising the baby from the moment of his birth until he reaches adulthood. This period may be reduced if the child is recognized as fully capable before the age of eighteen (married, working since the age of 16). If the mother of a minor notes that the father negatively influences the condition and health of their common offspring, her tasks will include ensuring the protection of the interests of the child.

The main reasons for limiting the rights of a parent

First of all, it should be noted that it is quite difficult to deprive a father of his rights to raise a child; the reasons for such an event must be truly serious and not raise doubts in the court. Among the most realistic grounds for a positive resolution of such a dispute are the following prerequisites:

• regular evasion of child support payments;
• use of parental rights for any selfish and illegal purposes;
• physical or psychological violence against a minor;
• sexual violence against a child;
• alcohol or drug abuse;
• attempt on the life and health of the second parent;
• attempt on the life and health of a minor;
• refusal to perform direct parental responsibilities;
• refusal to pick up a child from a maternity hospital, medical or educational institution without serious circumstances.

Any basis on which you plan to rely must be confirmed by the appropriate set of documents, only then can you send an official statement to the court. Deprivation of the father's parental rights must be supported by relevant original documents. Otherwise, the case will not even be considered. Let us present a detailed list of necessary actions in several specific cases described above.

What to do if violence is committed?

How to deprive a father of parental rights if he raises his hand against a child? Such an offense on the part of the head of the family is, of course, a very serious reason for a ban on his communication with the baby in the future. To begin with, you are advised to calm down and in the future make the most informed decisions possible, without emotions.

The first institution you will need to visit is a hospital or clinic. Medical workers will record the beatings inflicted and issue a corresponding certificate. In addition, the baby will be provided with the necessary assistance, perhaps even of a psychological nature.

This document (certificate) must be submitted to the police along with a statement of claim. Having examined the submitted papers, law enforcement agencies have the right to refuse to initiate a case against you or, conversely, to proceed with it. If you disagree with the resolution they adopted, you can always challenge it in higher authorities. If those in charge decide that a crime has occurred, an investigation begins. Upon completion of the investigative actions, the evidence found of guilt or lack thereof is transferred to the court.

What to do if you don’t want to pay child support?

A claim for deprivation of a father’s parental rights can also be filed if a man evades the obligation to support his child, that is, to pay alimony. Do not forget that the father must provide for his minor offspring regardless of whether the official marriage with the child’s mother is dissolved or not. If for several months a woman does not receive money for food, clothing and other basic needs, then she has the right to turn to the bailiffs to resolve this issue. You should know that it is quite difficult to prove the fact of non-payment of finances, so it is recommended to be patient. To resolve this issue, you will need to prepare the following official documents:

• writ of execution imposing a penalty;
• certificate of debt.

It is also extremely important to find out whether the parent is hiding part of his income by deliberately understating his salary or not registering his employment. In this case, the careless dad can easily be brought not only to administrative, but also criminal liability, because such actions are classified by law as illegal and criminal.

What to do if a parent has bad habits?

Drug addiction and alcoholism are a real scourge of our time; every year more and more people plunge into the abyss of addictions, forgetting about their real life and responsibilities in it. A person who lives for the sake of alcoholic drinks or drugs cannot be aware of his actions and absolutely cannot raise minor children. In this case, deprivation of parental rights of the parents (parent) will be carried out on the basis of medical documents and certificates from the place of work or study with negative characteristics confirming the presence of addictions.

Instructions: how to proceed?

Before you go to court with a package of documents, do not forget to visit. They will ask you for a list of papers that must be submitted. Among other things, employees will most likely conduct an inspection and evaluate the living conditions at the place of residence of both the father and the child. For children over 10 years of age, it is possible to express their own opinion about their desire or unwillingness to be with their parent.

The next stage is submitting documents and applications to the court. During the hearing of the case, not only the judge, but also all the same guardianship authorities will become familiar with the data provided. The decision on the further fate of the father’s rights will be made collectively by the participants in the process listed above.

Approximate list of necessary documents for the court

What does it take to initiate termination of parental rights? The grounds have been determined, it’s time to take care of the documents supporting them. Since decisions of this kind are made only in the court, it is the court that determines the necessary list of papers. It should be noted that in some cases it can be expanded. The basic kit includes documents such as:

• an application for deprivation of parental rights from a specific person (this may be the child’s mother or guardian);
• photocopy of basic documents (applicant’s passport, birth certificate of a minor);
• an official conclusion from a psychologist based on the results of communication with the child;
• documents confirming the fact of evasion or improper performance of duties;
• a reference from the applicant’s place of study or work that describes him in a positive light;
• a certificate of income of the applicant confirming his financial stability;
• a certificate of the child’s place of study, as well as a description of his behavioral characteristics and level of perception of knowledge;
• a document containing data on the living conditions of all participants in the legal dispute (father, mother, child, guardian, if any);
• certificate from the place of registration of the applicant.

Possible nuances of the process of deprivation of parental rights

Now you know how to deprive your father of parental rights. In addition, you need to know certain basic information that will help you navigate the nuances of the case much easier. First of all, pay attention to the fact who may be the applicant on the above issue. The deprivation or restriction of a father’s parental rights can be initiated by:

• mother of the child;
• legal guardian/representative;
• prosecutor;
• guardianship and trusteeship authorities.

It is also extremely important to know that while the court is reviewing the case, the parent is still required to pay child support for his or her child or children. If the highest authority made a positive decision, and the father lost the court, then he is necessarily deprived of all rights and privileges, he cannot claim benefits, cash benefits associated with having a child, and also in the future demand financial support from his offspring .

At the same time, the father will continue to be obliged to support the minor until he reaches the age of eighteen or is recognized as legally competent. If desired, the parent can agree with the court on the transfer of alimony to the son/daughter's bank account. As for the child himself, he does not lose the right to live in the parent’s living space, and also has the right to claim the inheritance left by him or his close relatives.

Not to deprive, but to limit!

In some cases, restriction of parental rights is also allowed. It is also carried out exclusively by court decision on the basis of sufficiently compelling reasons supported by evidence and facts. A prerequisite for making such a decision may be a risk to the health (physical and mental) of the child when being near one of the parents (in this case, the father).

Please note how the issue under consideration differs from such a procedure as deprivation of parental rights. The reasons for the restriction are usually not as significant as in the first case. The main difference of this punishment is that the father is given a probationary period for six months. If during the specified period the parent does not change his behavior, he will be permanently deprived of his rights in relation to the child. The initiator of the rights process can be the second parent (mother), guardian or legal representative, prosecutor or employee of the guardianship authorities. The restriction of rights applies only to personal communication between father and child, but does not relieve the former from financial obligations.

How is deprivation of parental rights carried out? Sample application

Let's talk about what a statement (claim) for deprivation of parental rights should look like. The document can be roughly divided into three parts: a header, a general text and a conclusion listing the attached certificates.

• The first section should contain information about which authority the paper is being submitted to, from whom, who is the defendant, and who is the third party.

• The main text contains information about rights, responsibilities and possible violations, that is, what tasks the child’s father cannot cope with, what illegal actions he commits.

• At the end, you must express your request, as well as list a list of documents that serve as evidence of violations.

Below you can see what the application looks like, or rather, a typical example of it.

Deprivation of parental rights can only be achieved with a lot of effort, in particular, by collecting all the necessary documents and correctly filing a statement of claim. The advice of a professional lawyer will also be very useful to you, because only a specialist in his field knows the smallest nuances and details. If you take into account all the details in advance, it will help reduce bureaucratic red tape and speed up the process.

Can I get my rights back?

How is restoration of parental rights carried out and is it even possible? There are several basic recommendations that, if followed, will help you become an exemplary parent again. The main ones boil down to:

• restoration of positive social status;
• improving living conditions;
• having a permanent job;
• satisfactory financial condition;
• eliminating the reason for restriction or deprivation of parental rights.

Restoration of parental rights is also carried out strictly through the court. It is very important to contact the authority in a timely manner, because in just six months a child from an orphanage may be adopted, but subsequently not be handed over to his former parents. Of course, such information is relevant only if the plaintiff is the guardianship authority, and not the mother. Try to collect as much documentary evidence as possible of correcting a past negative situation.

It is important not only to know how to deprive a father of parental rights, but also what such an extreme measure can lead to. Remember: it is worth separating dad and baby only in the most rare, exceptional cases. Such interference can have a negative impact on the child’s psychological state and cause serious harm to him in the future. Try visiting a psychologist first. Perhaps the help of a professional will help you solve the problems that have arisen and prevent a significant deterioration of the existing situation.

Last update: 02/02/2019

Deprivation of parental rights is a legislative method of influencing parents if they use their status to the detriment of the child (Article 69 of the Family Code of the Russian Federation contains all the grounds under which deprivation of parental rights can occur).

Also, this process applies to persons officially identified as the child’s parents, that is, their data is recorded in the child’s birth certificate. A person who has received parental authority, after passing a test to establish paternity, is deprived of it in accordance with the general procedure (to establish paternity by consent of the person, the norms of paragraph 4 of Article 48 of the RF IC are applied, the court establishes paternity based on the norms of Article 49 of the RF IC ).

Provided that there is more than one child in the family, deprivation of parental rights is applied individually to each of them, taking into account all interests. A one-time deprivation of rights for all children of a family is unacceptable.

Before depriving parents of their rights, it is necessary to establish two facts:

• Before this, all methods were tried to correct the behavior of parents in the direction of improving their attitude and conditions for the child. Explanatory conversations were held, perhaps the guardianship and trusteeship authorities issued a warning, there were conversations with police officers, support and comprehensive assistance was received. But the result of the behavior did not change;
• Obvious and provable guilt of the parent.

If there are such facts and grounds, a lawsuit is filed and the court has no choice but to deprive the mother, father, or both, of parental rights (Article 77 of the RF IC establishes the possibility of the guardianship and trusteeship authority to take the child from the parents, until a court decision on deprivation of parental rights , taking into account the danger to the health or life of the child).

Ground 1: Parents do not fulfill their responsibilities

A study of judicial practice indicates that evasion consists of regular failure to fulfill parental obligations, elementary ignorance of the basic needs of the child, such as food, clothing, medical care. Also, there are cases of a child being involved in situations that have a detrimental effect on his upbringing - drunkenness, immorality, lack of respect for older people, ridicule of the disabled, and so on.

Often, regular communication with people who have alcohol or drug addiction leads a child to commit acts of an immoral nature: humiliating the weak, insulting elders, petty hooliganism, and sometimes committing criminal acts.

In the text of paragraph 1 of Art. 69 of the RF IC mentions malicious evasion of paying alimony, which is an example of evasion from fulfilling the duties of a parent. To accept such a fact as grounds for deprivation of parental rights, it does not necessarily have to be recognized as a criminal offense under Article 157 of the Criminal Code of the Russian Federation:

• it is important to have regular payment evasion
• delay in payment
• incorrect amount of alimony
• creating obstacles to obtaining them

If a parent is unable to pay child support for reasons that cannot be overcome, this fact is not considered by the court to deprive the parents of their rights.

Ground 2: Refusal to pick up a child from medical institutions or social organizations

It should be understood that the refusal must be made at the will of the parents. If parents, due to insurmountable circumstances (severe illness, disability, unfitness or lack of housing), cannot pick up the child, then this is not considered grounds for deprivation of parental rights.

Example: If a single mother leaves her child in the maternity hospital without good reason, without intending to place him in a family for guardianship or in the appropriate government agency, then this fact is considered grounds for deprivation of parental rights.

Ground 3: Parents abuse their rights

This circumstance is based on the fact of the parent’s dominance over the child, his powerlessness before being forced to perform any actions: drinking alcohol, drugs, forced begging or forced prostitution. Practice shows that such pressure from parents on children is systemic and over time turns into exploitation of the child.

Often, it is very difficult to prove the guilt of parents on this basis, therefore the provisions of Art. 73 of the RF IC “Limitation of parental rights.”

Ground 4: Child Abuse

This circumstance is characterized by violence against children: physical, including sexual and mental. Physical violence is the regular, deliberate infliction of bodily harm on a child, regardless of the degree of severity and method of infliction. Mental violence can be in the form of deliberate imposition of feelings of fear, suppression of will, and threats.

If one of the relatives exercises physical or mental violent influence on the child, but the parents do not oppose this, a restriction of parental rights may be applied to them under Art. 73 IC RF.

Ground 5: Parents are chronically ill with alcoholism or drug addiction

These diseases are severe and completely suppress a person’s will. Therefore, parents are physically unable to fulfill their duties, and the child finds himself in a situation that is dangerous to his life and health. The presence of chronic stages of the above diseases must be confirmed by a medical report.

There is a definite difference between chronic alcoholism and drunkenness. Drunkenness does not imply psychological dependence on the use of alcoholic beverages, despite the regularity of their use. In this case, it is necessary to turn to the first reason.

Ground 6: Committing an intentional crime against a child or spouse

In this case, a crime means not only violence in its physical manifestation, but also the fact of an attempt, ignoring the danger to a child, incitement to suicide, etc. If the crime is committed against the second spouse, the child does not have to be a witness. To deprive a person of his parental rights on this basis, a court verdict on committing a crime against a child or spouse is required.

Restriction of parental rights

When considering a claim, the court decides why a father or mother can be deprived of parental rights and why their rights can be limited. Some of the grounds for deprivation of rights may also serve to limit them. But basically, restrictions on parental rights occur due to reasons beyond the control of the parents themselves. These are cases in which there is a danger to the child’s life, for example, illness or mental disorder of the parents. Sometimes restriction of parental rights is chosen as a preventive measure for parents, with a deadline set for correction. If the parents pass this period, under the supervision of the guardianship and trusteeship service, the restriction is lifted.

Deprivation of rights, as well as restrictions, applies only to parents. Persons replacing them cannot be deprived of parental rights. They go through a different procedure.

Consequences of deprivation and restriction of parental rights

A person who is deprived of the right of a parent loses the opportunity to have any influence on the future life of the child, on benefits associated with the child, on social benefits and inheritance. Sometimes, by court decision, parents can be evicted from a municipal apartment without providing alternative housing.

A person who has received restriction of parental rights lives separately from his children and does not participate in their upbringing and receipt of social benefits and benefits. At the same time, parents are required to pay child support. With the consent of the guardians, parents can see the child, provided that the meetings do not have a detrimental effect on his upbringing.

What does it take to terminate parental rights?

Deprivation and restriction of the rights of parents occurs by court decision. To do this, a corresponding claim is filed in the court located at the place of residence of the parent who is the defendant.

The claim and all additional documents, in the case of deprivation of parental rights, can be filed: by the second spouse, regardless of the fact of living with the child; a person who replaces a parent; employee of the prosecutor's office; employee of the bodies protecting the rights of minors. There are known cases of children themselves filing a claim.

A claim for restriction of parental rights can be filed by:

• Closest relatives of the child or parents: brother or sister, grandmother, grandfather.
• Bodies involved in the protection of children's rights;
• Preschool and general education institutions;
• Health care and social protection institutions;
• Prosecutor's office.

If you have questions about the topic of the article, please do not hesitate to ask them in the comments. We will definitely answer all your questions within a few days.

The recent news that in the Norwegian city of Tromso local authorities took away a five-year-old son from a Russian family seems incredible. The baby had a loose baby tooth, which the mother pulled out, perhaps even accidentally, while putting a T-shirt on the child. At school, the sociable Oscar told his classmates about this, and the teachers told him “where to go.” Norwegian child protection officers without warning removed the child, who is a Russian citizen, and sent him to a foster family.

It’s probably hard to think of a more stupid reason. But Oscar's parents are definitely not laughing - they will have to go to court for a long time to get their child back.

There are many similar absurd cases, due to which children are deprived of a normal family, in different countries. But how are things going with this? Can a prosperous Russian family be deprived of a child and for what?

What a law...

According to experts, about 300 social orphans appear in Russia every day. These children are taken from their families, and their parents are deprived of the right to raise them. Today, it turns out that it is not difficult for the guardianship authorities in Russia to take a child from the family - the law gives them the broadest powers for this.

One of the main documents that gives the right to take a child away from the parents is the Family Code of the Russian Federation.

The following actions are grounds for deprivation of parental rights (Family Code, Article 69):

Evasion of parental responsibilities, including evasion of child support;

Refusal without good reason to pick up a child from a maternity hospital, hospital or other institutions;

Abuse of parental rights;

Child abuse, mental or physical abuse;

Chronic alcoholism or drug addiction;

Committing a deliberate crime against the life and health of children or a spouse.

Individual paragraphs of this law can be interpreted in your own way, depending on the “wish” of the employee of the guardianship and trusteeship authority. Let’s say the Supreme Court of the Russian Federation (resolution No. 10 of May 27, 1998) explains that “abuse of parental rights” should be understood as the use of these rights to the detriment of the interests of children - for example, creating obstacles in learning, inducing them to begging, theft, prostitution, drug use alcoholic drinks or drugs, etc. (paragraph 3, paragraph 11).

In general, “abuse of parental rights” is a fairly broad and easily interpreted wording for deprivation of parental rights. Almost all forms of child upbringing can take place under this very “abuse”: for example, punishment and forced assistance (in particular, washing the dishes before sitting down to homework).

Article 77 of the Family Code allows a child to be taken away from his parents simply immediately if there is an immediate threat to his life or health.

Perhaps in this way the legislation protects the rights of children, but at the same time deprives them of a normal loving family.

You can find many reasons

In general, lawyers note, the concept of family “trouble” is so vague and non-specific that it opens the way to real juvenile arbitrariness, and parents often find themselves powerless to prove their right to their child in court. He may be removed from his family for rent arrears, because the apartment has not been renovated for a long time, and because dirty dishes have accumulated in the sink. Simply because there is no fruit in the refrigerator, and the baseboard is not nailed down in the room. This is the law.

One of the many stories of unjustified and cynical removal of a one-year-old child from a family happened to Russian citizen Maria Shakirzanova. Employees of the Tagansky Department of Internal Affairs took the daughter from her mother when she came to the passport office to clarify its operating hours on holidays. After a young mother turned to an employee of the institution with a question about where she could feed her infant, she decided that the woman was homeless and called the police. Law enforcement officers caught Maria just during the feeding period. This did not stop the men with machine guns; they asked the woman to present documents for the child.

At that moment, Maria only had a birth certificate for her daughter; the rest of the documents were being re-registered at the passport office. The police were not satisfied with this; they took the child and took him away. And there are any number of such examples.

How will children be protected in Crimea?

As it turned out, it’s difficult to talk about this yet. Irina Klyueva, who was appointed about two months ago to the position of Commissioner for Children’s Rights, admits that work in this direction is just getting better.

Irina Klyueva, Commissioner for Children’s Rights in the Republic of Kazakhstan:

“Everything is still at the registration stage. So that we understand: the commissioner has been appointed, but the service as such has not yet begun to work, since such an institution did not exist before. Now, out of the blue, almost everything needs to start..."

According to Irina Klyueva, many requests have already been received from Crimeans in need of urgent help.

Irina Klyueva:

“We are starting to work, in particular, with alimony defaulters. In addition, a lot of controversy arises - we did not even suspect this - which parent can communicate with the child, how, and for how long. We are receiving appeals about the eviction of children from an apartment, about the illegal appropriation of their housing... There are many different everyday issues that affect the interests of the child, and this is already our sphere...”

Advice from lawyers

How to prevent juvenile technologists from taking your child away from you

The main thing that you need to understand from the very beginning: if the guardianship authorities have taken you for granted, it is unlikely that you will be able to come to an amicable agreement with them. In the future you need to be very careful.

If the situation is advanced and guardianship officials are rushing into the apartment? The legally sound options are as follows. First: do not disclose to the guardianship authorities at all; if they come unannounced, you are under no obligation to let them in. Second option: if you still decide to let them in, then show in every possible way that they are not the owners of the house. You can immediately force them, for example, to take off their shoes, put on slippers and wash their hands. Wearing slippers will make it more difficult for them to escape. You can prohibit both the guardianship authorities and even the police from entering rooms where you do not want them to go for some reason.

Guardianship officials should not be accepted alone. It is necessary to call as witnesses everyone possible: friends, neighbors, acquaintances. It is necessary to make audio and video recordings. Moreover, it is better if several people do this at once.

At the very end, guardianship officials are required to draw up an apartment inspection report. They must present this act to you, it must be photographed, as well as all the documents they have (IDs, etc.).

Anton PAVLOV
Photo Archive "KT"
The material was published in the Crimean Telegraph newspaper No. 303 dated October 31, 2014