How to limit the father of a child in parental rights. Procedure for restricting parental rights. Cancellation of restriction of parental rights of one of the parents

Designed to protect children's rights in special cases diseases of parents. The restriction does not represent a complete loss of the sick parent’s rights - exactly to the extent that guarantees the safety and normal development of the child. The court is conducting this procedure in cases established by:

It is necessary to understand that the article describes the most basic situations and does not take into account a number of technical issues. To solve your particular problem, get legal advice on housing issues by calling the hotlines:

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• when a parent, due to mental illness, cannot account for his actions, which carries the risk of an accident or death of the child;
• if the parent suffers from a serious illness that does not allow long-term time together with the child;
• There are other reasons that influence the actions and relationships of the parent, but do not provide such compelling reasons to consider him guilty.

The procedure for limiting parental rights

Deprivation and restriction parental rights may be put into effect only by court. Since the process involves the truncation of rights, you should apply to a general court, territorially close to the defendant’s place of registration (disputes related to alimony are considered at the child’s place of residence). Persons or organizations that exercise control over the fulfillment of the rights of the child in accordance with Article 73 of the RF IC can go to court:

1. The parents themselves ( healthy parent) and their relatives.
2. Prosecutor's office.
3. Bodies of education and upbringing.
4. Organizations involved in guardianship and family conflict resolution.

Persons directly interested in the outcome of the case may participate in the court, government bodies, including the Prosecutor's Office, except for the parent, if he is declared incompetent (the defendant must be competent). During the hearing, the judge must determine whether the threat is real and whether the parent is responsible for it. The condition of both parents may be brought into consideration in court, which threatens to make a decision on restrictions in relation to both. The court may consider several claims of the plaintiff at the same time. Since the law requires the maintenance of children under all circumstances, according to judicial practice, filing a claim for. A verdict is impossible without the conclusion of the guardianship authorities on the child’s living conditions.

The sufficient period for consideration of such a case is two month. If the court has grounds to require additional evidence and examinations, the hearing period may be extended based on. It is possible to appeal a court decision to general procedure (10 days). If restriction of father's parental rights or the mother was found acquitted by the court, to the registry office within three days an extract is sent from court decision.

An exceptional case is the imprisonment of one of the parents, but in a different manner - convicted persons are infringed on many personal rights. However, if they retain parental rights, there are no consequences.

List of documents

The office must provide:

• sample claim statement. You can view and download here: ;
• document issued at birth;
• certificates from the registry office about the state of marriage;
• an extract from the house register of the premises where the child permanently resides;
• characteristics of the parent from the place of work, medical institution;
• characteristics from the child’s place of education;
• a copy of the conclusion of the commission examining cases of minors;
• certificates from police officers about the inability of a person to fulfill the duties of a parent.

The statement of claim includes:

1. Passport details of the plaintiff and defendant.
2. The place of residence of the plaintiff and the known place of residence of the defendant.
3. Information about the guardianship and prosecutorial authorities brought to court (according to the child’s place of residence).
4. Grounds for restriction.
5. Circumstances of place and time within which the rights of a child are violated.
6. List of evidence and witnesses called.
7. Requirements, including the establishment of alimony payments.
8. List of documents provided.
9. Signature.

Consequences of restricting parental rights

The main rule regulating the legal consequences of limiting the rights of a parent is. Parent is deprived:

1. The right to raise your children.
2. Rights to benefits and other payments due to parents, including those with many children.
3. The right to adopt and act as a guardian and trustee for third parties.

But the parent must:

1. Respect the child's housing rights - provide premises for use.
2. Provide inheritance.
3. Maintain the child in accordance with the established procedure, including in the event of a possible assessment of alimony by the court.

In this case, the parent can inherit the child’s property and demand alimony if the child has reached the age of majority. If both parents are recognized as having impaired rights, the competent authorities transfer him to the system of state institutions (boarding schools, but much more often orphanages).

Communication with parents

If the guardianship authorities determine that communication with the parent cannot harm the child, a special regime of meetings and visits is established. The regime is established by:

• second parent (not deprived or limited in rights);
• child protection;
• head of a boarding school or orphanage;
• guardians, including

If the actions of a parent can harm the life and health of the child, as well as cause psychological trauma, the guardianship authorities have the right to prohibit communication with children.

Cancellation of restrictions on parental rights

If the reasons for which the restriction was imposed are eliminated, the court decision is canceled after reconsideration. Consideration of the case on cancellation occurs in the same manner as in case of restriction, with the exception that the court, considering the evidence, must come to the conclusion about the possibility of lifting the restrictions.

Grounds for refusal to restore rights:

• grounds for restricting the parental rights of the father according to the Family Code valid and not eliminated;
• the child has reached the age of ten and does not want to live and communicate with the parent;
• there is no approval from the guardianship authorities, the opportunity to inspect the living conditions was not provided;
• violation of procedure, as well as filing a claim to cancel a decision earlier than six months after it was made.

If the court nevertheless decides to cancel the restriction of parental rights, it is obliged to notify the civil registry office in three days. From this moment on, the issuance of all necessary certificates will be available and other social and property rights of the parent in relation to the child will be fully restored.

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 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.

Limitation of father's parental rights require certain grounds and relevant evidence. Read more about how to limit a father’s parental rights and what legal consequences will occur after this procedure is completed.

What is a restriction on parental rights?

This is one of the measures of judicial protection for minor children, which consists in the fact that the child is taken away from the parent and transferred either to the second parent, or to a relative, or to the guardianship authorities for placement in a social protection organization. Restriction of rights is allowed when a child’s presence with a parent is dangerous to health or life, but is not enough to deprive parental rights, or when the father cannot, for objective reasons, fully care for the child and bear responsibilities towards the child.

How does restriction differ from deprivation of parental rights?

The father, while limiting parental rights, retains the right to see and meet the child, personally participate in his life, upbringing, education, and make decisions on other issues relating to the child. Such a father has the right to subsequently receive maintenance from the grown child and inherit from him. The restriction consists only of a ban on living together with a child and on deciding the issue of the child’s place of residence.

Deprivation of parental rights is absolute and consists of taking away all rights to the child.

Who can be limited in parental rights

Parental rights belong in full to the father and mother of the child. Therefore, only the father or mother is limited in them. Other relatives and legal representatives of children do not have parental rights and, accordingly, cannot be limited in them.

If the father is incompetent and there is a corresponding court decision, then he cannot act as a defendant in a claim for restriction of parental rights. That's why It is impossible to limit an incapacitated father's parental rights.

What are the grounds for restricting a father's parental rights?

The father's parental rights are limited in the following cases:

• If he suffers from mental illness;
• If you suffer from another chronic disease, for example, tuberculosis or HIV infection;
• Is in difficult life circumstances that prevent full parenthood;
• Other reasons.

Unlike the list of grounds for deprivation of parental rights, the list of grounds for restricting parental rights is open and can be supplemented with reasons worthy of attention.

The procedure for limiting a father's parental rights

A father can be limited in parental rights only by a court on the basis of an appropriate decision.

You have the right to submit an application:

1. mother of the child;
2. adult relatives or family members;
3. social service organizations providing social assistance to families;
4. educational organizations that the child attends;
5. the prosecutor, if he became aware of circumstances that could serve as grounds for restricting parental rights.

The claim indicates the grounds for restricting parental rights, substantiates the arguments why the child cannot stay with the father, and attaches evidence.

The prosecutor and guardianship authorities must participate in the case.

It is advisable to invite witnesses or obtain written testimony from them confirmed by personal signature.

The claim is accompanied by documents about the birth of the child, a reference from the child’s place of study with an assessment of his relationship with the father, a reference from the father’s place of residence (if he works and/or studies, then also from the place of work/study), and other relevant documents. In this lawsuit, you can demand payment of child support from the father.

What evidence is needed to restrict parental rights?

It is necessary to prove all the facts stated in the statement of claim.

If the father is mentally ill, then a conclusion from a psychiatrist with a diagnosis, description of the behavior of such a patient and a prognosis is necessary.

If the father has a chronic illness, then an extract from the medical record is needed. The court has no right to require an additional medical opinion to confirm or refute the diagnosis.

Evidence is also needed to confirm that the father is actually in circumstances that prevent the normal living, maintenance of the child, upbringing, education and other forms of participation in the life of the minor child.

If the plaintiff refers to the fact that it is dangerous for the child to be with his father, then this must be substantiated. If the danger is caused by the father’s insanity or his behavior provoked by a mental disorder, then this should be indicated in the extract from the card of the psychoneurological dispensary or other institution where the defendant is observed.

If the father has a chronic disease, confirmed by a medical report or other document, then it serves as a basis for restricting the father’s parental rights when the child has a high risk of contracting such a disease, and when the father is in a serious condition that precludes the exercise of rights and the responsibilities of a parent.

Legal consequences of restricting parental rights

Rights lost by a parent:

• For the personal education of your child;
• To protect the rights and interests of a minor child and represent them;
• To receive benefits, benefits, the right to which arose with the birth (adoption) of a child;
• The opportunity to become a foster parent, adopt or take custody of a child.

Responsibilities Retained:

• For the maintenance of the child, including payment of alimony and incurring additional expenses.

Rights reserved by the parent:

• The right to receive maintenance from an adult able-bodied child, including alimony;
• Other property rights based on relationship with the child.

Child's rights:

• For the use or ownership of the residential premises where the child lived with the father;
• Other property rights based on relationship with the father and his relatives.

Cancel restriction

The father has the right to see the child with the consent of the mother (other legal representative) and the guardianship authorities, if such meetings do not harm the child.

The father has the right to apply to the court to cancel the restriction of his parental rights if the grounds for the decision on the restriction no longer exist.

The procedure for limiting parental rights differs from deprivation of rights. The main difference here is that when a regime of restriction of parental rights is introduced, the child is taken away from the parent, but he is not deprived of parental rights.

If the authority for the child, son or daughter is limited, they are transferred to the second parent, other relatives or guardianship and trusteeship institutions.

When does restriction of parental rights apply?

Restriction of parental rights on the basis of Art. 73 of the RF IC occurs only when the interests of the child are taken into account if the following circumstances arise:

1. the parent suffers from some kind of psychological disorder;
2. suffers from some chronic disease, and it is dangerous for the child;
3. under a combination of grave circumstances and in some other cases.

It is also possible to impose restrictions on parental rights if there is strong evidence that the parent may threaten the safety of the child, but there are insufficient grounds for depriving him of parental rights.

Restriction of rights for parents is established as a measure of responsibility that is applied due to failure to fulfill their obligations as parents. Also, such a measure can be used as a preventive measure to protect the child from parents who are not able to understand the meaning of their actions or who have a serious illness that may pose a danger to the child.

Consequently, the grounds on which a child’s rights can be restricted are divided into two categories:

• Circumstances independent of the person, this could be a mental disorder or difficult life circumstances.
• Inappropriate behavior of the parent(s) that can harm the child.

As for the second reason, if inappropriate behavior continues for 6 months after the court’s decision, the guardianship and trusteeship authority is authorized to file. In exceptional cases, if it is in the interests of the child, the period for going to court may be reduced.

Who can file a claim for restriction of parental rights

Submit lawsuit seeking to restrict the rights of one of the parents The following persons can act for a child:

1. second parent;
2. the child's closest relative (grandparents, brothers and sisters, if already adults);
3. guardianship and trusteeship authorities and other organizations that protect the rights of minor citizens - homes for orphans, commissions for minors, and other organizations;
4. prosecutor;
5. preschool educational institutions, school management, other educational institutions.

Important: restriction of parental rights cannot be applied to a parent who is declared incompetent by the court, since he cannot act as a defendant in court.

How to properly file a claim for restriction of parental rights

Before filing a claim, you must prepare the following documents:

• certificate of marriage or divorce;
• birth certificate of a child;
• a copy of the personal account at the child’s residence address;
• an extract from the house register at the residence address of the son/daughter;
• characteristics of the father/mother whose rights must be limited (from his place of residence or work;
• a characteristic that is issued to a child from the institution where he studies. This document indicates how the parent participates in raising the child;
• conclusion from the commission that deals with minors. This conclusion is given on the condition that the issue of limiting the rights of a parent was discussed in the commission;
• a certificate from the executive service about the presence/absence of alimony debt;
• a police certificate from the local inspector stating that it has been recorded that the parent is evading the upbringing of his son or daughter.

To file a claim requesting that a parent have their rights limited, the following information must be provided:

1. Name of the district court. A claim of this category must be filed at the defendant’s place of residence.
2. Full name of the plaintiff and defendant.
3. Name of the guardianship authority (indicate the address of this authority, which is located at the child’s place of residence).
4. The prosecutor is also involved in cases of restrictions on rights, so indicate the address of the prosecutor's office (at the minor's place of residence).

In the text of the statement of claim itself, indicate what exactly is the danger to the child on the part of one of the parents, what is the violation of the interests and rights of the child. Briefly describe the characteristics of the parent, indicate how he participates in raising the child, whether he supports the child financially, takes care of education, recreation, creating comfortable living conditions for the child, etc.

If there are witnesses who can confirm any facts that are relevant to the case, petition to have them subpoenaed. At the end of the descriptive part, indicate that you are asking the court to limit the other parent’s rights to the child. If necessary, also indicate what is required from the parent. At the end of the statement of claim, a list of documents that are attached as evidence is indicated.

Serve a claim seeking restriction of the parental rights of one of the child’s parents should go to the district court; if the place of residence of the father (mother) is unknown, then you need to go to the court at their last place of residence. These categories of disputes are not subject to state duty. If, along with a claim for restriction of powers over a child, a claim is filed for the collection of unpaid alimony, then the application is similarly submitted to the district court, however, the plaintiff can apply to the court at his place of residence, and not at the defendant’s address, and there is no need to pay a state fee.

Time limits for consideration of a claim

The consideration of the case on restriction of parental rights is carried out after two months from the day the mother (father, other relatives, guardianship and trusteeship authorities) file a lawsuit. In exceptional cases, this period may be extended.

The start of the trial will begin only after the guardianship and trusteeship authority provides an inspection report on the child’s living conditions and gives a conclusion based on its investigation. If the court considers that the father (mother) can really pose a danger to the child or the parent cannot raise the child as a result of a combination of grave circumstances, then the claim will be satisfied.

Within 3 days from the date of the decision, the court sends this document to the registry office. Civil registry office employees must make an entry about the restriction of a parent’s rights in the birth certificate of a son or daughter. The child himself is transferred to the care of the second parent, if there are no parents or they both have limited rights - to close relatives, a guardian, etc. Orphanage family type.

Consequences of restricting the parental rights of one of the parents

When a court decision is made to restrict the rights of a child, the parent is deprived of the right to raise the child (children). It can be noted that the legal consequences of limiting powers on children are similar to the complete deprivation of parental rights.

Thus, when rights are limited, parents are deprived of the authority to raise a child and protect his interests, but their obligation to support the child still remains unchanged.

However, between deprivation and the concept of restrictions on the parental rights of one of the parents there are a number of differences:

• the rights to the child are not terminated, but are temporarily limited;
• Communication with the child is permissible, but according to the procedure specified in Art. 75 RF IC;
• The opinion of the second parent with limited rights is taken into account if it is necessary to change the child’s surname.

Also, child support obligations do not stop; contact with the child may be allowed if this does not cause harm to the son or daughter. At the same time, the concept “can have bad influence per child” is not disclosed in the law. This means that such a harmful influence can be proven by the testimony of witnesses, acts of representatives of guardianship and trusteeship authorities.

If the parent is limited in contact with the child not of his own free will, for example, because he suffers from a mental illness, then he is allowed to communicate with the child after recovery.

Cancellation of restriction of parental rights of one of the parents

Cancellation of the restriction of powers on a child through the court is possible in cases where the reasons for which the decision was made have disappeared. The parent who was limited in rights must prove that there is every reason to lift the restrictions. Proof of this can be a medical report on full recovery, restoration of the father (mother) to legal capacity, reports of an examination of the parent’s living conditions. When canceling such a decision, which are provided for in family, civil legislation and other regulations.

Along with the issue of lifting restrictions on communication with the child, the issue of returning the child to this parent may also be considered. However, the return of the child is carried out if it is in the interests of the son or daughter. The child’s opinion on this matter is taken into account if he is over 10 years old.

Deprivation and restriction of parental rights differ significantly from each other. The first measure of influence can be called extreme, and the restriction of rights can be temporary and less severe.

Restriction of parental rights may be established in court. In the trial in which the fate of the child is decided, the prosecutor and a representative of the guardianship authorities must take part. The limitation is that, by court decision, the child (children) will be taken away from the mother or father, without permanently depriving them of parental rights.

Changing the status of parents' rights does not in any way affect the rights of the child. That's why restriction and deprivation of parental rights are not a reason not to support a child. The court obliges the defendant to collect alimony in favor of the child (if this has not been done earlier, for example, during a divorce). The property rights of parents, which are based on the fact of kinship with this child, are preserved after a court ruling. A parent with limited rights can receive alimony from children (only adults), receive a pension in the event of the loss of a breadwinner, and inherit by law.

Preserving the family, building friendly family relationships, strengthening parental ties can serve as prerequisites for lifting restrictions on parental rights. The abolition of the restriction of rights can be established in court. The result of such cancellation is the return of the selected child to the parents. This means that the court must first cancel the restriction of rights, and then, by the same decision, allow him to return to the family. It should be noted that when restrictions are lifted, the court does not always give a decision on the return of the child. This is explained by the fact that the upcoming return of the child to his family will not always be for his benefit.

The irresponsible life of parents, in which they take poor care of the child, leads to legal proceedings. Goes to court claim for restriction of parental rights rights both parents of the child or one of them. This claim can be filed by:

• close relatives of the child - brothers, sisters, grandparents;
• guardianship and guardianship authorities, institutions that are obliged to monitor compliance with the rights of the child;
• general educational institutions (school directors, etc.);
• other institutions (eg health care);
• prosecutor.

A claim regarding restriction of rights can only be brought against parents.

To limit parents' rights, it is necessary to establish the presence of a real threat to the health and life of the child due to inappropriate behavior of the parents. Grounds for restricting parental rights can be quite serious. Especially when leaving a child with a parent seems unsafe. This situation can arise for various reasons. For example, due to a parent’s illness for a long time, when the child is left unattended. It is especially dangerous to leave a child with a parent if the adult can have a bad influence on the minor. Drinking alcohol, scandals, and fights interfere with the proper upbringing of a child.

In court proceedings, the plaintiff is not always able to provide evidence of mistreatment of the child or the lack of conditions for normal living in order to achieve deprivation of the defendant’s rights. In such a borderline situation, the court needs some time to determine whether the parent can or cannot adequately fulfill his responsibilities.

The court appoints period of restriction on parental rights. It cannot be more than six months and is, in general, probationary. If a parent's behavior and lifestyle do not change for the better, he or she is deprived of parental rights.

There are often cases when a father treats his parental responsibilities with disdain: he does not pay child support, often drinks alcohol and, in general, negatively affects the child’s psyche. In this case, it is possible to deprive the parent of his rights through the court, but this will be an exceptional measure. Initially, it is advisable for authorized persons to obtain a court order providing limitation father's parental rights. Such a measure in relation to the father may force him to change his attitude towards the upbringing and maintenance of the child. If you want to avoid infringement of your interests, then you need legal assistance from a qualified lawyer.

Less common are situations where a mother neglects her maternal responsibilities, does not raise her child properly, and has a craving for alcohol. In such cases, the legislation provides for measures that limit the rights of the mother in relation to her children (child). Restriction of mother's parental rights is used when her actions do not have direct intent to harm the child. By court decision, the child will be taken away from her for 6 months. Legal assistance from a lawyer can significantly influence the court’s decision to lift the restriction of rights. Our lawyer will enter into negotiations with the persons with whom the child lives so that their positive opinion about the child’s mother is heard in court and taken into account when making a court decision.

Reasons for restricting parental rights arise in family relationships themselves. This may be when a child’s being with his parents is dangerous for him for reasons beyond the parents’ control, or when a child’s being with his parents is dangerous for him due to their illegal behavior, but there are no serious grounds yet to deprive the parents of their rights.

After the restriction of parents’ rights comes into effect, the child retains property rights, which are based on the legal right of kinship with parents and other relatives, as well as the right of inheritance. The lawyers of our office will be able to provide you with legal assistance when opening an inheritance, will help you enter into an inheritance and register property.