Why can parental rights be limited? How is parental rights limited? Statement of claim for restriction of parental rights

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

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

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 the personal account 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. Please note that after removal parental restriction 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.

In situations where the legal rights or interests of the child may be harmed by the father, legislation is implemented. It should be understood that such measures in no case completely exclude the possibility of seeing the child, since such restrictions are often approved for reasons that do not depend on the will of the parents themselves.

Children often lack their father's attention

In accordance with the current provisions of Art. 65 of the RF IC, methods of raising minor children in a family should under no circumstances cause mental or physical child, and also provide negative impact on the process of forming moral standards of the future citizen.

In situations where the behavior of a father in the process of raising his child is particularly rude, or cruel, or largely dismissive, entailing a humiliation of human dignity, there is a need to limit the interaction of such fathers with their children.

Various government organizations will always make attempts to ensure the protection of minor children. The initiator of the judicial procedure to limit the parental rights of the father is often the spouse and mother of minor children against whom her husband allows himself to abuse.

Even neighbors who are not characterized by indifference can draw the attention of the guardianship authorities to the developing relationships in the family. Mothers who want to ensure peace of mind for their child after the divorce process may insist on organizing a specific procedure for his interaction with his father. In such situations, two options are possible:

1. Make one with your ex-husband, which will indicate his specific role as a caregiver. The number of possible visits over a certain period, as well as their duration, is also determined;
2. The courts may be asked to draw up such schedules. Such measures are necessary in a situation where the father is driven not by the desire to ensure the well-being of his children, but by the desire for self-affirmation and obtaining certain privileges after the divorce process. Often ex-husbands they do not want to give in to the mothers of their children in such matters.

In different families, the situation with the interaction between parents and children can develop in different ways.

What is the difference between restriction and deprivation of parental rights?

It is not easy to deprive a father of his parental rights...

These two types of legal procedures have certain similarities and differences that must be mentioned. Let's list the common features:

1. Authorized judicial officers are involved to consider this issue;
2. Guardianship authorities and prosecutors are involved in both situations;
3. In such matters, the specific opinion of the child himself is of great importance;
4. The same grounds may serve as a reason for issuing a decision to limit or deprive parental rights;
5. In any case, the parent will be obliged to pay material resources for child support.

Let's list the main differences:

• An application for deprivation of parental rights can be filed by a relatively small circle of persons, which cannot be said about the initiation of the restriction process;
• Once a parent has lost their rights, all contact with the minor ceases.
• When limited, such legal ties will not be completely destroyed;
• A citizen deprived of parental rights no longer has the opportunity to meet with his child.
• Subject to restrictions, such meetings may be held by prior agreement.

Consideration of the issue of deprivation of parental rights can be initiated in a situation where the parent’s behavior remains the same and does not change for the better over a certain period.

Restriction order

Deprivation of parental rights as a way out of a difficult situation

Such restrictions can only be enforced by authorized judicial authorities. Since the result of the proceedings will presumably be a curtailment of the citizen’s rights, the appeal must be submitted to the authority located at the location of the defendant.

Controversial issues related to the payment of alimony obligations should be considered at the actual place of residence of the minor child. Citizens or organizations responsible for monitoring compliance with the legal rights of the child under Art. 73 IC RF.

Such citizens and organizations include:

• The child’s parents, as well as close relatives;
• Educational and training institutions;
• Various organizations responsible for providing guardianship and dealing with various family conflicts.

Citizens directly interested in the outcome of the case, various government organizations, except the parent himself in a situation where he is declared incompetent, can take part in the trial.

The defendant himself on a specific issue must always be in adequate condition and capable. During the proceedings, the reality of the stipulated threat is necessarily determined, as well as the assignment of responsibility for it to the parent himself.

Several applications from the plaintiff may be considered at the same time. Since the issue of child support must always be considered, the most common claims are in most cases related to child support obligations.

The final verdict cannot be made without a definite decision of the guardianship authorities regarding the living conditions of the minor. Such cases are considered within two months. If the courts need to provide additional evidence to allow further proceedings, the hearing period is extended in accordance with Art. 154 Code of Civil Procedure of the Russian Federation. An application to appeal the decision can be written within the next 10 days.

The corresponding extract is provided to the registry office in a situation where the courts have issued a decision to limit the parental rights of the father. As an exception, situations are considered when one of the parents is serving a sentence in prison.

In relation to such citizens, many of their civil rights are infringed. There will be no consequences in such a situation if the prisoners retain their parental rights.

Documentation

Children always suffer from conflicts between parents

Here is a list of required documents when writing an application for restriction:

• Statement;
• Child metric;
• A document confirming marriage;
• An extract from the house register at the child’s place of residence;
• A document from the guardianship authorities (considered only with the participation of representatives of this organization);
• Characteristics of a son or daughter from kindergarten or schools. The degree of participation of each parent in the process of raising a child must be determined;
• Characteristics of the father from the place of actual employment.

The application itself must contain the following information:

• The name of the government agency to which the application is submitted;
• Information about the minor’s parents;
• Information about the organization of guardianship;
• Specific requirements regarding the order of interaction with the child. Outline positive sides similar schedule;
• There must be a specific reason why the matter may be litigated.

The application, as well as the list of the above documents, will be submitted to the territorial branch of the district court at the father’s residence address. If the father's actual residence address is not established, the application is sent to the department located at the last known place of residence. The option of submitting an application to the department at the location of the father’s material property may also be considered.

Possible consequences of the restriction

Not all fathers are real dads!

The main norm determining the possible legal consequences of the restriction is considered to be Art. 74 of the RF IC, according to which the father may lose:

• Opportunities for raising a son or daughter;
• and other social benefits provided to parents;
• Possibility of adoption and registration of guardianship or guardianship in relation to third parties;
• Respect the specific housing rights of the son or daughter, which consist in providing residential premises for use;
• Register for a child;
• Maintain your son or daughter in a certain order, even in a situation where the courts have ordered the payment of alimony.

It must be taken into account that a father, in respect of whom certain restrictions have been approved, can claim the inheritance of his child’s material property and even apply for alimony in a situation where his son or daughter reaches the age of majority.

If restrictions on rights are approved in relation to both parents, authorized organizations are allowed to transfer children to certain institutions. A specially organized regime of visits and periodic meetings can be approved in a situation where the authorities state power they come to the conclusion that a father with limited rights cannot harm the child during such interaction.

The following take part in determining such a regime:

1. The second parent, provided that certain restrictions have not been imposed on him;
2. Child protection;
3. Citizens who have legal custody of children;
4. A leading employee of an institution where minor children are kept.

In a situation where the actions of a parent in the future may cause certain harm to the health of a minor child, or traumatize him psychologically, the guardianship authorities will have to completely limit communication with the children by the father.

Cancel restriction

To deprive a father of parental rights, you must file a corresponding application with the court.

To be able to cancel the restriction, each father can submit a corresponding petition to the court. You should be properly prepared for this, since the courts always carefully consider such cases.

A parent with limited rights provides, but the guardianship authorities in this situation will have to respond adequately and find out the situation in which a particular citizen lives.

Based on the data obtained, a certain act is drawn up, indicating that restoration of paternity is considered quite possible. It is also necessary to take into account the possibility of a positive impact of such a reunion on the child. No moral or physical harm should be caused to the minor son or daughter as a result of such a decision.

Expert lawyer's opinion:

The article describes in detail the situation with the possible restriction of the father's parental rights. Although the same procedure is possible in relation to the mother of the child, if he is together and at legally lives with his father. Deprivation of parental rights, although a similar situation, but by its nature it looks completely different. The article provides a discriminative analysis. It is important that during the trial, the guardianship and trusteeship authorities delve into the real picture of the child’s life and bring it to the court.

Often the child becomes a hostage to the parents' relationship. Personal animosities and disagreements become the real reason going to court to impose restrictions on a parent’s parental rights. The court, in turn, is also obliged, when resolving a dispute, to proceed exclusively from the interests of the child. This will promote the principles of reasonableness and fairness both in relation to the child and in relation to the parents.

The exercise of human and civil rights and freedoms should not violate the rights and freedoms of other persons, as stated in Article 17 of the Constitution of the Russian Federation. Therefore, the courts approach the resolution of such disputes more fundamentally, without paying attention to the emotional aspects of the problem.

A video consultation with a lawyer will provide answers to various questions:

Restriction of the mother’s parental rights (grounds) are the very factors that can serve as a reason for the successful implementation of this procedure.

So what are the (direct) grounds for limiting the parental rights of the mother:

1. The mother is sick with a serious mental disorder.

Since this accusation is very significant, in order for the restriction of rights to take place on this basis, it must be confirmed. The only and most reliable confirmation will be the presence of a medical certificate.

2. The mother has another illness that prevents her from exercising sufficiently

child, to provide him with a decent life and existence.

To confirm this fact, you will also need a special

In addition, a medical certificate will need to prove a real investigative connection between the illness and the child’s suffering.

3. The baby’s mother has difficult circumstances in her life, due to which she cannot raise and support the child herself.

The grounds listed above for limiting the parental rights of the mother are direct and directly specified in the law specifically for this procedure.

But it is worth noting that there are a number of other grounds for which the mother’s rights may be limited.

The reasons that we will give below are also relevant for depriving a mother of her rights to a child (you can read more about this), but often, due to their insufficient expression or lack of proof of the mother’s direct and immediate guilt, they are used to initially limit her rights.

Other reasons for limiting a mother’s rights to a child:

1. The mother drinks heavily or uses drugs.

To confirm this fact, the courts require a medical certificate from the relevant dispensary. Since in life it often happens that a certificate in the form of evidence is not provided, the court often accepts indirect evidence:

Certificate of coding for alcohol dependence;

Witness statements;

Police arrest warrant for being drunk on the street;

Resolution on the withdrawal of driving licenses for drinking alcohol while driving.

Arrest warrant for narcotic substances.

1. The mother categorically refuses to support the child.

This is confirmed by a certificate from the bailiffs with the calculation of the debt, as well as testimony of witnesses.

1. The mother uses unacceptable, cruel methods of education.

Usually, if there is cruelty in the mother’s behavior, this fact is confirmed by the following:

A certificate from a doctor confirming the presence of beatings;

Psychologist's report;

Certificate of guardianship/precinct/police;

1. The mother refuses to take care of the child.

This is the most complex and vague basis in its formulation. In order to confirm it, you need to try to collect as many documents as possible that will indicate that the mother does not care about the health, upbringing, or education of the baby.

To do this, you must provide the court with:

Certificate and characteristics from the child’s school;

Certificate and characteristics from kindergarten;

Certificate from the clinic;

Certificate from other educational clubs;

Testimony of witnesses.

The procedure for limiting the parental rights of a child’s mother is extremely complicated and is further complicated by the fact that the courts are extremely reluctant to interrupt the legal and family ties of the child with the mother.

In order to successfully carry out such a procedure, you need to seriously prepare and have significant experience in handling such cases.

Our lawyers are professionals who will help you understand even the most complex conflicts.

Call us, we will definitely tell you a way out of this situation!

Limitation of parental rights 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

Reasons

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 to support him.

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's 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?

The state stands for the protection of the health, rights and interests of children. However, unfortunately, there are often cases when in the interests of the children themselves, the law deprives them of their parents or limits their parents’ rights, both mother and father.

The reasons for this are stated in Family Code of the Russian Federation (Article 69). Restriction of rights is a measure when society sees no reason for the final separation of the father from the child, but considers lifestyle and behavior incompatible with the role of parent and educator. At the same time, we are not talking about deprivation of rights (Article 73 of the Criminal Code).

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You will need the following papers:

• statement of claim;
• metric of son or daughter;
• and about divorce;
• an extract from the house register where the child lives;
• conclusion of guardianship authorities(the court will consider the case only with their participation);
• characteristics of the child from educational institution. The document indicates the degree of parental participation in upbringing.
• father's testimonial from the organization where he works or place of residence.

The statement of claim must indicate:

• full name of the judicial authority;
• data of parents, child;
• name of the guardianship and trusteeship authority;
• requirement to describe the procedure for communicating with the child. Indicate why this particular schedule will be most useful;
• the reason for resolving the issue in court

The procedure for limiting rights

In accordance with Article 71 of the RF IC, cases of restriction of parental rights are considered with the participation of the prosecutor and the guardianship and trusteeship authority.

A statement of claim is filed with the court. As already mentioned, such an application can be submitted by:

• close relatives minor child;
• child protection and guardianship;
• representatives of children's and educational institutions(school director, kindergarten manager);
• representatives health authorities(district doctor);
• law enforcement agencies(precinct);
• representative prosecutor's office.

Statement of claim and all accompanying papers are provided to the office of the district court at the place of residence of the father.

If it is not known where he lives, then at last residential address, or by where his property is located.

If the mother, in addition, wants to file a claim, she applies to the district court at her place of residence.

The court considers the case within two months after the claim was accepted.

The court may, taking into account the interests of the child, decide to remove the child from the parent without. This is just a case of restriction of rights.

Restriction of parental rights occurs when the court has established a real threat to the health, life or upbringing of a child that has arisen as a result of inappropriate behavior of a parent.

When the decision is made, the judge sends the extract to the district registry office within three days where the child is registered.

Legal consequences

What exactly does such a “limited” person lose? court decision father?

• Benefits, allowances, which the state assigns for children;
• opportunities to personally educate offspring;
• free communication with your son or daughter;
• opportunities to become an adoptive parent or guardian other children.

Father with limited parental rights is deprived of the opportunity to personally participate in raising the child and the right to live together.

In the presence of court decisions to limit the parental rights of the father and documents confirming the danger to the health and life of the child living in the same apartment (acts of offense drawn up by the police, for example), the “limited” father can be evicted from the home.

What functions and capabilities does the father retain:

1. maintenance obligations (alimony);
2. property rights arising from kinship.

Cancellation of restrictions on paternal rights

To cancel the restriction of parental rights, the father must file a petition. It is worth carefully preparing for this, because the court always considers cases of this kind with special care.

"Excommunicated" father writes and submits corresponding lawsuit, but the guardianship authorities will intervene here too. They conduct an examination of the environment in which the citizen lives.

Based on this, an act is concluded that restoration of paternity is possible and, most importantly, this will have a positive effect on your son or daughter and will not cause them moral or physical trauma.