Restrictions on birth rights. Grounds, features and consequences of restrictions on parental rights. Who can file a claim for restriction of parental rights

Limitation parental rights This is an alternative to depriving parents of such rights. The grounds, procedure and legal consequences of restricting parental rights are specified in

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Responsibilities for child support

Restriction of rights to a child is not the termination of the kinship rights of parents to their children for a certain time.

After this time, the court makes a decision:

• or in depriving them of their rights (if they have not reformed and leaving children with them is still dangerous);
• or restoration of their rights.

What are the limitations of parents in their rights to their child? This is the removal of a child for a certain period of time without depriving the parents of their rights. Family law considers restriction as a partial deprivation of parents of their rights.

Video: deprivation of rights

Grounds

This type of claim can be filed against one of the parents or both at once.

In relation to other persons, guardians, trustees and legal representatives, it is prohibited.

The other parent may file a counterclaim against the plaintiff. Court hearings in such cases, as a rule, are greatly delayed.

The court must examine:

• all evidence in the case;
• as well as the grounds for the restriction.

It is worth recalling that the court acts in the interests of the child, while protecting his rights.

In civil proceedings

Cases on restriction of parental rights are considered in civil proceedings at the request of the above-mentioned persons.

The jurisdiction of such cases is the district or city court at the place of residence of the defendant, that is, the person whose rights need to be limited.

With the participation of the guardianship authority and the trustee prosecutor

When considering cases of restriction, the following must be present in court:

• as well as the prosecutor.

Before the meeting, they must conduct a thorough check of all the grounds for the claim and make their conclusion. The court takes this conclusion into account when making a decision in the case.

Sample claim for restriction of parental rights

A sample of a claim for restriction of a parent’s rights can be seen on the stand in court. The scheme for drawing up a claim for restriction of parental rights is exactly the same as for drawing up other claims.

An incorrectly drafted claim is grounds for refusal to accept it for consideration.

Documentation

The following documents must be attached to the claim:

• confirming the relationship between the defendant and the child;
• receipt for payment of state duty.

Its size in 2019 is 300 rubles. However, if the claim is filed by one of the parents, then there is no need to pay a fee.

• documents that confirm the grounds for restriction of rights.

This can:

• certificates of calling the police in connection with the behavior of the parents;
• or the conclusions of specialists (for example, a child psychologist) about the impaired mental and psychological health of the child.

Who can file a claim

A claim can only be filed by:

• close relatives of the child - the second parent, his adult and capable brothers and sisters, as well as the child’s grandparents on both sides;
• representatives of guardianship and trusteeship authorities;
• representatives of preschool and school institutions where the child is studying (heads of kindergartens and school directors);
• prosecutor;
• representatives of other state and municipal institutions. For example, the head of the pediatric department at the medical institution where the child is being observed.

Can the court refuse a claim?

The court may refuse to consider a claim if the claim itself is drafted incorrectly. Also, during the court hearing, the court may not satisfy the claim. In this case, the court instructs the guardianship and trusteeship authorities to conduct a more thorough check of the child’s condition and his home environment.

Legal consequences

Restriction of the rights of parents is the actual taking away of a child and placing him under the care of social institutions or with other relatives.

This does not mean deprivation of parental rights. Therefore, a limited parent must financially support his child and bear expenses for his support.

In addition, the court always recovers child support from the parent against whom the claim is filed.

The property rights of neither the parents nor the child are infringed after such a decision is made. That is, a limited parent, unlike a deprived parent, subsequently has the right to receive alimony from his adult child.

For how long

The parent's rights are limited for a certain period of time.

Temporary

The period of restriction of rights is a maximum of six months. After this period, if the parent has not corrected himself, the guardianship and trusteeship authority must file a lawsuit to deprive such parent of his rights.

Partial

If a parent with limited rights reformed before the established deadline, then the court makes a decision to restore his rights before this deadline.

Is it different for mother and father

Restrictions on the rights of a mother or father do not differ from each other in their legal consequences.

Judicial practice of restricting parental rights

Judicial practice in such cases is quite extensive. But every case is different.

The court acts in the interests of the child, therefore:

• if in one case he made a decision on the temporary removal of the child;
• then in another case, he can leave the child in the family, instructing the guardianship authorities to conduct a thorough check.

FAQ

Restriction of parental rights is an ambiguous situation. It is not surprising that many questions arise.

What does the concept of a dangerous environment for a child mean?

This term means that the home environment can cause physical and mental harm to the child.

• parental abuse alcoholic drinks or narcotic substances;
• serious mental disorder of one of the parents;
• protracted family conflict.

How is a child’s housing issue resolved?

A child whose parents have limited rights does not lose their property rights to shared living space with their parents.

Will the child be an heir in the event of the death of the parents?

A child whose parents have limited rights inherits from them by law as a first-degree heir.

Is it possible to cancel

The restriction of parental rights can be canceled if the circumstances that led to it have disappeared.

What rights do parents lose?

Parents lose:

• the right to personal education of the child;
• as well as the right to apply for state benefits and receive social benefits, which is prescribed for some children.

Personal communication between parents and child is allowed.

Is it possible to restrict the rights of someone other than parents?

Restriction of parental rights is a temporary measure to protect the interests of children.

It is applied only by court decision. The reasons for the restrictions are specified in the law, but their list is open. In a number of cases, the court itself determines whether certain grounds are appropriate or not.

The child’s parents are given time to realize their mistakes in upbringing, change their lifestyle, and abandon bad habits. If nothing changes, they are a son or a daughter. Let's figure out what restriction of parental rights means.

What is a restriction on parental rights?

This is only a precautionary measure, which may be followed by a more severe one - deprivation of rights. It, in turn, is final.

The period of restriction of parental rights is six months. It is given to the mother or father to think about their actions and change behavior. Thus, the court warns adults about the unacceptability of illegal behavior and violation of the rights of the child.

If you look at the restriction of parental rights on the part of the child, the measure can be called protective, since the minor is protected from a potential threat to his psyche, health and even life.

Limitation of rights is a warning to adults who take their parental responsibilities seriously.

Differences between deprivation and restriction of parental rights

The difference between these measures is:

• validity period;
• grounds;
• consequences;
• legal status of the parents.

If the restriction is imposed for a time, then the deprivation is forever.

Parental rights can be deprived if they:

• shirk their responsibilities, including not paying alimony;
• refuse to pick up a child from a medical, educational or social organization;
• abuse rights;
• child abuse (mental or physical violence);
• are alcoholics or drug addicts;
• committed a crime against a child, other parent or other family member.

The law provides for another procedure to protect the interests of the child. If a threat is created to the life of a minor or his health, the guardianship authority can take him away from his parents or guardians. In this case, the prosecutor is notified about the incident, and the child is placed in temporary placement. The guardianship authority, within 7 days, goes to court with a demand to deprive one or both parents of their rights.

If you don't take care of your child, you will be deprived of parental rights.

At the same time, parents lose the right to see and communicate with the child, participate in his life, receive information about education and treatment, and claim an inheritance.

When rights are limited, all these possibilities are preserved. The temporary ban applies only to living together with a child and resolving the issue of the minor’s place of residence.

Restriction of parental rights is a temporary measure. You will not be prohibited from communicating with your child.

Who can have parental rights limited?

Only parents - the father and mother of a minor - can limit their rights. Other relatives are not covered by the law.

This measure is introduced if the parent:

• suffers from a serious chronic disease (for example, tuberculosis or HIV);
• is in difficult life circumstances that prevent full parenthood, etc.

A claim for restriction of parental rights can be filed by family members, social organizations, and administration educational institutions, prosecutor or one of the child’s parents.

The law prohibits restricting the rights of incapacitated parents.

How long does restriction of parental rights last?

Temporary restriction of parental rights is introduced for 6 months. As soon as it ends, the court will make a decision - to deprive the parents of their rights or lift the restrictions.

Grounds for restriction of parental rights

Restriction of parental rights is allowed if:

• there remains a danger to the child’s health (for example, if they suffer from a severe chronic disease);
• the parents' actions pose a danger to the minor, but there are no grounds for deprivation of rights.

The main reason for restricting parental rights is a threat to the child’s health.

The procedure for limiting parental rights

The procedure is prescribed in Art. 73 IC RF. The initiator of the introduction of restrictive measures files a claim in court. The guardianship authority and the prosecutor must take part in the case.

If the court rules in favor of the plaintiff, within 3 days a copy of the document is sent to the registry office, where information about the minor is stored.

Limitation of parental rights is a serious procedure, so the plaintiff should take care of the evidence in advance. They may be:

• a doctor's conclusion about the presence of a serious illness;
• extract from the medical card;
• documents confirming the difficult life circumstances of the defendant.

The judge cannot require an additional medical examination if the plaintiff already has a doctor’s report.

Cases on restriction of parental rights are heard by the district (city) court.

Statement of claim for restriction of parental rights

A sample application for restriction of parental rights can be obtained from the court office, on the website of the judicial authority, or asked from the lawyer you contacted for help. The document must include:

• name and address of the court;
• details of the plaintiff, defendant, as well as full name. child;
• a list of circumstances that are grounds for restricting parental rights;
• an indication of which parent should be temporarily removed from parenting;
• plaintiff's claims;
• references to legal norms;
• list of supporting documents;
• date and signature.

In the text of the claim for restriction of parental rights, you can indicate the plaintiff’s opinion about the minor’s place of residence and the establishment of child support obligations.

The statement of claim is filed with the court at the defendant’s place of residence. Based on the outcome of the consideration of the case, the court may transfer the child to one of the parents or the guardianship and trusteeship authorities.

Objections to a claim for restriction of parental rights

If a claim for restriction of parental rights is filed against the mother or father, they have the right to file an objection. In the objection, it is necessary to strictly adhere to the requirements of the claim and provide justifying counterarguments on all counts. At the same time, do not forget to confirm - attach documents, invite witnesses, etc.

It should indicate:

• name of the court;
• FULL NAME. and the address of the defendant;
• information about the filed claim and the plaintiff;
• the essence of the objections;
• a description of the situation from the defendant's point of view;
• disagreement with the plaintiff's demands.

It is best to involve a competent lawyer in drawing up an objection.

Legal consequences of restricting parental rights

Let's consider what restriction of parental rights gives. The child's mother and father no longer have the right to personally participate in his upbringing and lose the opportunity to receive government benefits and child benefits. They cannot represent a minor or adopt anyone.

A parent with limited rights can:

• see the child with the consent of the second parent or guardianship authority;
• receive alimony from an adult child;
• claim the child's property after his death.

But at the same time, they are not exempt from the obligation to support the child. Parents still have to pay for the minor’s education, buy him food, clothes, etc. The child does not lose ownership of the mother's or father's home.

The child will be transferred to the care of the guardianship authority if the mother and father have their rights limited.

Cancel restriction

Restrictive measures can be canceled only in one case - the grounds on which they were introduced no longer exist. But parents will have to file a lawsuit. If the judge rules in their favor, the child will return to the family. Within 3 days from the date of the verdict, an extract from the court decision is sent to the registry office.

In order for restrictive measures to be lifted, evidence must be presented. The court will accept both written and oral evidence. You will have to convince the judge that:

• the parent changed his attitude towards fulfilling his duties and corrected his behavior;
• There is no longer any danger for the child.

The reasons why your rights were limited have disappeared - ask the court to cancel it.

When preparing evidence, one should rely on the grounds for restricting parental rights specified in a previous court decision. The fact that the danger to a minor has disappeared can be confirmed:

• a doctor's report;
• testimony of witnesses;
• certificates from social services.

At the same time, the court will decide the issue of returning the child to the family. For example, he will refuse parents who have recovered from alcoholism, but are not trying to find a job and do not have the means to provide for their son or daughter.

The consent of the child himself is also important. His opinion expressed during the trial is taken into account. Moreover, this only applies to returning to the family. If the minor is categorically against this, the court may lift the restriction, but without returning to the parents.

It will not be possible to lift the restriction of parental rights if the child is against it.

Participants in the process of lifting restrictions on parental rights are the plaintiff, the defendant, a representative of the guardianship authority and the prosecutor. Only the parent whose rights were limited can file a claim. The defendant is the person who previously initiated the procedure for introducing restrictions. In practice, most often the defendants are the guardianship and trusteeship authorities.

To restore parental rights after restriction, you must file a claim. Indicate in it:

• name of the court;
• details of the plaintiff and defendant;
• details of the court decision on restriction of parental rights;
• your requirements;
• justification of the requirements (evidence that there is no danger to the child).

Attach to the claim:

• a copy of the court decision on restriction of parental rights;
• a copy of the court decision establishing guardianship and trusteeship of the child (if there was one);
• copies of the plaintiff’s passport and the child’s birth certificate;
• receipt of payment of state duty;
• written evidence (references from work, testimonies of neighbors, doctors' opinions, etc.).

The claim is sent to the office of the district or city court at the place of residence (stay) of the defendant.

State fee for filing a claim to cancel the restriction of parental rights - 300 rub.

Sometimes children need protection from relatives who perform their parental functions in bad faith.

In order not to use extreme measures - taking away the rights of motherhood/paternity, it is often recommended to limit the parental rights of the mother, father or both parents.

The reflection period provided by the court gives them a chance to improve, change their views on their behavior and return the kids.

Grounds for limitation and features of filing a claim

Restriction of parental rights is permitted according to legal grounds:

The mother's cruelty during the organization of the educational process is designated as a basis for restricting parental rights. She forces the child to study using moral humiliation, mental pressure, and physical punishment. When treated in this way, a minor citizen is in danger; he may develop psychosis, neurosis, depression, and the appearance of a desire for suicide.

Regular drinking of alcoholic beverages and leaving a child unattended due to intoxication can also serve as a reason for restricting maternal and paternal rights.

A statement of claim for restriction of the parental rights of a mother or father can be filed by:

A statement of claim for restriction of parental rights is written according to the sample presented in the court office, taking into account the individual characteristics of the case.

Sample text:

To the district court of Tula

Plaintiff: Yurov Ignat Ivanovich, Tula, st. Shkolnaya, 34, apt. 23

Defendant: Yurova Irina Karlovna, Tula, st. Tenistaya, 20

Guardianship and trusteeship authorities of Tula, st. Dekabristov, 78

Prosecutor's office of Tula, st. Vostochnaya, 13

Statement of claim

On restriction of parental rights

The defendant, Irina Karlovna Yurova, is the mother of the minor Yana Ignatovna Yurova, born May 14, 2010. As I learned, due to regular abuse of alcoholic beverages, the daughter was taken away from the defendant and sent to live in the Tula children's special boarding school.

Ask:

1. Limit maternal rights Yurova I.K. in relation to the minor Yurova Ya.I.
2. Organize the collection of child support payments in the amount of 25% of wages.
3. Determine the place of residence of the child Yurova Ya. I. with his father. Yurov I. I.

02/27/2015

Signature (Yurov I. I.)

Package of documents

Sample statement of claim provides for the indication in the papers of a list of documents attached to the claim:

To provide evidence, the plaintiff must collect the following information:

• from the district police officer about the defendant’s unlawful behavior;
• testimony from educators and teachers about which parent takes care of the minor;
• a certificate of non-payment of alimony, which is presented by bailiffs.

Consequences of a decision to limit parental rights

The procedure for limiting the parental rights of the father and mother involves the removal of children from the family for a period of up to 6 months.

According to the law, this period is enough for independent adult citizens to improve and begin to properly fulfill their parental obligations.

Consequences of restricting parental rights include the following:

The consequences of restricting parental rights include the continuation of child support payments. Also, mother and father have the right:

1. Communicate with children if permitted by the guardian or trustee.
2. Dating a minor if the meetings do not have a negative impact on the child.
3. Retain rights to property shared with the minor.

Important! Restrictions on rights do not apply to guardians, trustees, and legal representatives. Only the mother or father, as well as both parents, the court can determine the boundaries of raising children.

Therefore, they must take into account the rather severe consequences of limiting parental rights. If the parents do not improve within 6 months, the judge may issue a resolution on the deprivation of paternal and maternal rights.

Counterclaim

The mother filed a lawsuit to establish the boundaries of the father's rights, since the father is mentally unstable and poses a danger to the children.

The father, using legal grounds in the form of the mother’s frequent use of alcoholic beverages, can file a counterclaim.

This will not help to lift the restriction on the father's parental rights, but may result in establishing boundaries of parental custody for both.

Sample statement of claim:

District Court of Tyumen

Plaintiff: Petrenko Inga Viktorovna, Tyumen, st. Tenisnaya, 27

Defendant: Petrenko Semyon Semenovich, Tyumen, st. Shichnaya, 12, apt. 23

Guardianship and trusteeship authorities: Tyumen, st. Dekabrskaya, 143

Prosecutor's office: Tyumen, st. Eternity, no. 98

Objections to the statement of claim for restriction of parental rights Articles 73 and 74 of the Family Code of the Russian Federation

I, Petrenko I.V., am raising a young son, Petrenko Viktor Semenovich, born May 17, 2012. In the winter of this year, I had a difficult life situation; after the divorce, I began to drink alcohol. Husband, Petrenko S.S. did not help in any way, refused to communicate with his son, did not make child support payments for more than six months. The kindergarten staff took my son away from me after I picked him up drunk several times. A minor citizen was assigned to live in a shelter, and my husband demanded that my rights be limited. At the moment, I have been coded, I work in a kindergarten as an assistant teacher, and I constantly visit my son in the orphanage.

Ask:

1. Refuse the plaintiff to satisfy his demands.
2. Return the child to me and determine where my son will live with me.

Certificates are attached to the application.

03/12/2015

Signature (Petrenko I.V.)

If the plaintiffs do not have documentary evidence of guilt, there is insufficient testimony, and the consideration of cases may be delayed for a long time.

Is it possible to remove the restriction?

Proceedings on deprivation of parental rights or restrictions are carried out in the presence of a prosecutor, as well as a representative of the guardianship authorities. Cancellation of restrictions on the parental rights of a mother or father is permissible if there are legal grounds for this:

One of the parents can file a claim. A sample application can be found by the mother or father on the information boards in the courthouse.

Cancellation of restriction of parental rights has the following claim form:

To the district court of Rostov

Plaintiff: Elena Nikolaevna Kipen, Rostov, st. Morskaya, 65

Defendant: Kipen Yan Valerievich, Rostov, st. Lenina, 4, apt. 3

Guardianship and trusteeship authorities: Rostov, st. Schastya, 55

Prosecutor's office: Rostov, st. Nadezhdy, 23

Statement of claim

On the abolition of restrictions on parental rights

By decision of the judge of the city of Tula dated March 30, 2015, I was limited in parental rights in relation to the minor Kipen Irina Yanovna, born October 12, 2011. I got a job in kindergarten, I don’t drink alcohol, I’m going to get coded. The circumstances due to which the judge adopted a resolution to limit maternal rights have disappeared.

Ask:

1. Cancel the restriction on maternity rights established by the decision of the Rostov court dated March 30, 2015 in relation to Irina Yanovna Kipen, born October 12, 2011.
2. Restore my parental rights in relation to Irina Yanovna Kipen, born 10/12/2011.

According to Article 333.36 Tax Code I ask the Russian Federation to exempt you from paying state duty.

I am attaching documents (list) to the application.

06/04/2015

Signature (Kipen E. N.)

First of all, the court proposes lifting the restriction of rights, and then returning the child to the family. In this case, the collection of alimony payments may be stopped.

Repeated restriction of parental rights

Taking into account the legal grounds, the legal representatives of the child can initiate repeated withdrawal of rights from the parents if the minor citizen is in danger.

Usually, you can count on determining the boundaries of paternity and maternity if a sufficiently long period, several years, has passed since the first restriction was lifted.

According to the law, it is mandatory to indicate not only the reasons provided for in the first appeal, but also new precedents for the restriction. If not much time has passed since the removal, the judge may decide to terminate maternity or paternity.

An experienced lawyer can provide a sample claim, taking into account all the nuances of the case.

Sample text:

To the district court of Ufa

Plaintiff: Mirny Vadim Ivanovich, Ufa, st. Pervaya, no. 34, apt. 23

Defendant: Mirnaya Oksana Vladimirovna, Ufa, st. Lesnaya, 20

Guardianship and trusteeship authorities: Ufa, st. Metrostroy, 78

Prosecutor's office: Ufa, st. Frunze, 13

Statement of claim

On repeated restriction of parental rights

The defendant, Mirnaya Oksana Vladimirovna, is the mother of the minor Mirnaya Yulia Vadimovna, born on August 19, 2013. By a decision of the Ufa court dated March 30, 2015, Oksana Vladimirovna Mirnaya is limited in maternal rights regarding Yulia Vadimovna Mirnaya. Born 08/19/2013 and is required to pay child support. By decision of the judge dated August 15, 2015, Oksana Vladimirovna Mirnaya was restored to her rights as a mother, but was not exempt from paying alimony. Since December 2015, the woman regularly drinks alcohol and does not work. My daughter lives with me. Mirnaya Oksana Vladimirovna sometimes comes in a state of alcohol intoxication, scares the child, swears. Alimony payments have not been made since December 2015.

Ask:

1. Limit the maternal rights of Mirna O. V. in relation to the minor Mirna Yu. V.
2. Collect alimony debt from Mirna O.V.

I am attaching documents (list) to the application.

July 27, 2016

Signature (Mirny A.I.)

Mother and father are role models for descendants. If parents commit illegal acts against their own children, they will not be able to raise responsible citizens.

In this case, restriction of parental rights (maternal, paternal) is a necessary measure.

Limitation of parental rights is a legal way to protect the interests of a child who has not reached the age of majority.

This measure is applied only on the basis of a court decision and only if there are proven serious grounds enshrined in Russian legislation.

Grounds for restriction

The Family Code (Article 73, paragraph 2) clearly states that the basis for applying such a harsh measure as restricting parental rights is a dangerous situation for a minor.

Danger to a child can arise for a variety of reasons. Conventionally, they can be divided into two categories:
1. Circumstances that arose not through the fault of the parents (for example, serious illness of parents, mental disorder, severe family conflict and other objective situations that create a real threat to the normal life and existence of the child);
2. Circumstances caused by the guilty unlawful behavior of one parent (or both parents), namely:

• systematic abandonment of a minor by parents;
• parents maintaining a drug den;
• frequent family quarrels and scandals associated with parental abuse of alcoholic beverages;
• other illegal behavior.

It is important that restriction of parental rights occurs only when the court has established a real threat to the health, life or upbringing of the child that has arisen as a result of the behavior of the parent(s). Moreover, if a threat really exists, it does not matter whether the parent is guilty of actions (inaction).

If there is guilt in the actions of the parent, the judge decides on the ability of this parent to continue raising the child. If the court, having considered all the circumstances, does not establish sufficient reasons and grounds for depriving a parent (both parents) of parental rights, it may make an appropriate decision to limit the guilty citizens’ parental rights.

Restriction functions

The main legal function of restricting parental rights is to protect the rights of a minor child in a dangerous situation.

In the event that a judge applies a measure to restrict the rights of a child’s parents who acted guilty, this legal measure also serves as a legal sanction. Restriction of parental rights, appointed by the court, can act for guilty parents as a temporary measure of family legal responsibility, preceding a more serious punishment (), or be an independent sanction.

Using such a sanction as a temporary measure, the court similarly warns parents about the inadmissibility of unlawful behavior that violates the rights of the child, and gives them the opportunity to somehow correct this behavior and reconsider their attitude towards fulfilling parental obligations.

According to the Russian Family Code, if six months after the court’s decision to limit the rights of parents, the perpetrators have not changed their behavior and continue to commit illegal actions that pose a potential threat to the child, then the guardianship authorities will file a statement of claim demanding. Such a claim may be brought before the end of the six-month period established by the RF IC, if the guardianship authorities consider that this is necessary for the timely protection of the interests of the child.

The procedure for limiting the rights of parents

As already mentioned, this legal measure, which ensures the interests of the child, can only be established by the court after a careful study of all the circumstances of the case.

In such trials that decide the fate of minor children, a representative of the guardianship authority and a prosecutor are required to participate.

Guardianship authorities or other applicants who demand that parental rights be limited to parents are not always able to collect sufficient evidence of the parents’ unsatisfactory treatment of the child, or the minor’s lack of conditions for normal upbringing and living.

In such situations, as a rule, court proceedings are delayed, since the judge needs to reliably determine whether the parent acting as the defendant is capable or unable to adequately fulfill his parental obligations and ensure the safety of the child.

A claim requiring restriction of the rights of a parent(s) can only be brought directly against the parents. Similar claims are not brought against other legal representatives (trustees, guardians).

Only a limited number of persons and organizations directly named in the Family Code can file a claim indicating the existence of grounds for restricting the rights of parents. These include:

• close relatives of a minor whose interests are violated by their parents - adult brothers and sisters, grandparents;
• guardianship and guardianship authorities monitoring compliance with children's rights;
• representatives of educational institutions (school directors);
• representatives of other municipal or government agencies (for example, health care);
• prosecutor.

Legal consequences of the restriction

The very restriction of parental rights in practice consists of taking a child away from the father or mother (from both parents) without actually depriving the latter of parental rights.

Limiting the rights of parents has nothing to do with the infringement of the property rights of the child. Therefore, parents to whom such a measure was applied to protect the rights of a minor are not released from the obligation to financially support the child.

The court always obliges to collect alimony from the respondent parent in favor of the minor (if this has not already been done before, for example, during the divorce of the parents). At the same time, the property rights of parents, based on the fact of kinship with the child, are also preserved after a court decision to limit parental rights.

Consequently, a parent, whose rights are limited for a certain time, has the right in the future to receive alimony from children who have reached the age of majority, and also, in certain cases, to receive a survivor’s pension, and to act as the heir of their child by law.

The period of restriction on the rights of a parent appointed by the court cannot exceed six months.. If the lifestyle of the parent with limited rights and his behavior do not change for the better over these six months, he is deprived of parental rights by court.

If within the period established by the court the grounds for restricting the rights of the parents have disappeared, the court cancels these restrictions. As a result, the selected child is returned to his parents. To do this, the judge must first cancel the imposed restriction of rights, and then, by the same court ruling, allow the return of the child to the family.

It is worth saying that when lifting restrictions on the rights of parents, the judge does not always make a decision on the return of the children. This is justified by the fact that the upcoming return of a minor to his family of origin is not always the best option for the child.

Parents whose rights are limited by the court do not lose their child completely.

Restriction of rights is a temporary measure. The court gives the court six months for negligent fathers and mothers to come to their senses, realize, and get treatment - after 6 months, if nothing changes, they will be deprived of their rights completely.

Deprivation of rights is an indefinite measure, although reversible within the next 6 months after the court verdict. After this, the child can be adopted, and in this case all paths back for the would-be parents will be cut off.

The interests of children in our country are protected very strictly. Parents who ignore their responsibilities, violate children's rights and endanger their lives are punished with all severity. Restrictions on parental rights: grounds, procedure, consequences will be discussed in the article.

Grounds for imposing restrictions on parents

Limiting contact with parents is intended to protect the baby from their harmful influence, aggression emanating from them and to protect from potential danger associated with lifestyle, behavior, moral principles prevailing in the family, or with a parental illness.

The child is temporarily isolated from his parents if the threat to life during his stay with his parents is obvious (IC Article 73, paragraph 2). Potentially dangerous circumstances that pose a threat to the health and life of a child:

• objective (immoral behavior, debauchery, drunkenness, drug use, family squabbles and scandals, beatings, systematic abandonment, etc.);
• subjective (difficult life situation, combination of unfavorable circumstances, neurotic disorder, mental complication, serious illness).

Restrictive sanctions are imposed when there are no good reasons to deprive a parent of his rights.

Incapacitated parents are not subject to restrictions in their rights, which is due to their status and the inability to act as a defendant (Civil Code Art. 29; Criminal Code Art. 19).

The decision to temporarily isolate a child from the parent(s) is made only by the court.

Restrictive functions

The main purpose of limiting parental rights is to provide the child with safe living conditions, protect his rights and preserve his health.

The court's restriction of the rights of parents performs the following functions (Civil Code Art. -77):

• Preventive function (or preventive): restriction of rights can be considered as a signal about the possibility of more serious consequences of an irresponsible approach to the upbringing and upbringing of a child. Deprivation of rights, which will finally separate the parent and the child, will in any case cause moral suffering to both parties, affect the child’s psyche and distort his worldview.
• Punitive function: A court ruling against a parent who has failed to fulfill their responsibilities is nothing more than punishment. The mother and/or father created conditions that threaten the life of their child, for which they are now paying.
• Educational function: parents, if they realize their guilt and take measures to radically change the situation, living conditions, material well-being and lifestyle, can be released by the court from the imposed restrictions and return the child to the family. The unfortunate parents were given six months to realize, repent and eliminate the reason that led to such serious sanctions. Balancing for several months on the slippery edge of “restriction-deprivation” quite often “clears the minds” of careless parents and forces them to return to the right path.

On the other hand, restricting the rights of parents with the temporary transfer of the child to relatives or specialized institutions may also look like an independent act, when the parent turned out to be guilty in relation to the child not due to malicious intent or due to a disregard for the child, but due to illness.

Thus, he unintentionally endangered the child, created a threat to his life and turned out to be, to some extent, “guilty without guilt.”

In what order can this be done? Case consideration period

It will take time to prepare a package of documents. Procedure:

• collection of documents (in advance you must obtain the conclusion of the commission on minors’ affairs and the conclusion of the guardianship authority on the child’s living conditions);
• drawing up a statement of claim;
• filing documents with the court at the defendant’s place of residence;
• participation in judicial proceedings.

There is no need to pay a fee (NC Art. 333.36, clause 1, clause 15). No fee is paid on an application for alimony from parents (NC Article 333.36, paragraph 1, paragraph 2; Civil Procedure Code, Article 29, paragraph 3 and Article 24). The trial takes place within 2 months(Civil Procedure Code Art. 154, Art. 6.1). When considering the case, the prosecutor and the guardianship authority must be present (IC Art. 73).

The court may reduce parental authority for any period, but not more than 6 months.

Who can file a claim for restriction of parental rights?

The court can be initiated by one of the parents, the child’s closest relatives, guardianship and guardianship authorities, heads of children’s institutions (preschool, educational, medical), and the Prosecutor’s Office (IC Art. 73). The other parent may file a counterclaim. In such a situation, the consideration of the case is seriously prolonged.

Can the court refuse the claim?

Refusal is possible if the claim is incorrectly drafted and the claims are unfounded. In this situation, the guardianship authorities are asked to once again conduct a more thorough check and objectively assess the condition of the child and his living conditions.

Documentation

• child's birth certificate;
• characteristics of a child from a child care institution indicating the role and participation of parents in the educational and upbringing process;
• certificate of marital status of the spouses (marriage or divorce);
• characteristics from work or place of residence;
• extract from l/s and from the house register;
• documents from the police station about violations and evasion of parental responsibilities (acts of a local police officer or inspector working with minors);
• certificate of arrears of alimony;
• act of the guardianship authority on the condition of the child and his living conditions;
• medical report from a psychologist and/or neuropsychiatrist about the child’s condition.

The law does not specify a complete list of documents. These documents are usually in demand.

Legal consequences

Restriction of parental rights and removal of a child is a temporary measure that does not mean deprivation of rights.

A limitation in rights does not mean a limitation in responsibilities.

For this reason, in court, alimony is collected from the parents for the maintenance of the baby during the entire period of his residence in separation from his mother/father.

The parent is deprived of participation in the child’s life, benefits and allowances. He is not authorized to represent him and protect his interests.

Meetings and telephone conversations with the child for the period established by the court can only be with the consent of the second parent (if he has retained his rights), a temporary guardian or the administration of the children's institution where the child will be kept.

Of course, the opinion/desire of the baby himself will also be taken into account. Communication with your child is possible (permissible), but not necessary. Such a right may be denied to a “disgraced” parent by the person representing the child.

A parent with limited rights cannot raise children that are not his own, that is, he does not have the right to adopt and have guardianship.

The parent retains only property rights; he will lose them only if the rights of the parent are deprived.

The child retains all proprietary and property (including inheritance) rights and living space.

Are the consequences different for mothers and fathers?

There are no differences in the consequences of restrictions on parental rights for mothers and fathers.

Both parents will feel the severity of the sentence imposed equally.

The restrictions established by the court are seriously different from the consequences of deprivation of parental authority: in the latter case, the parent loses absolutely all rights in relation to his child, as well as him.

Lifting of restrictions also occurs in court after the elimination of the reasons that provoked the imposition of such harsh sanctions. It should be borne in mind that after the parental restriction is lifted, the child will not necessarily return to the family. This issue will remain at the discretion of the court and will be decided separately and in the interests of the minor.

The court decision to impose restrictions on the parent(s) and remove them within three days is recorded in the registry office.

Sample claim

The statement of claim must contain:

• full details of the applicant, indicating passport information and place of residence;
• the most complete information about the defendant, full name and registration (or actual residence) must be indicated;
• full name of the court;
• full name and location of the guardianship authority;
• full name and location of the prosecutor's office.

The body of the statement of claim must necessarily contain detailed information:

• in what way the interests and rights of the child are violated, what creates a threat to his life and health;
• describe situations when the responsibility (irresponsibility) of the parent was manifested, describe his participation (inaction) in matters of upbringing, education, health, recreation of the child, his behavior, the share of material investments, efforts to create living conditions for the child, etc.;
• prove with facts the validity of the requirements to limit the parent’s rights;
• name witnesses who can confirm the facts in court;
• emphasize the demands to deprive the parent of his rights and collect child support from him;
• list the attached documents;
• Please sign and date the application.