The President of the Russian Federation signed a decree on the establishment of the position of Commissioner for Children's Rights under the head of state. Aleksey Golovan, who was appointed to this position, promised that the new institution would effectively defend the rights of each individual child and assist in solving systemic issues of child protection.

Parents, in accordance with the Family Code of the Russian Federation, have equal rights and bear equal obligations in relation to their children. Parents are obliged to educate their children, to protect their rights and interests. Parental rights cannot be exercised in conflict with the interests of children. Parents who avoid their parental responsibilities may be deprived of parental rights.

Deprivation of parental rights is an exceptional measure, entailing serious legal consequences for both the parent and his child.

According to Art. 69 of the Family Code of the Russian Federation, parents (or one of them) may be deprived of parental rights. The procedure for this procedure is described in the Family Code of the Russian Federation, as well as the list of grounds for deprivation of parental rights.

There are only 6 grounds for deprivation of parental rights, which must be confirmed by indisputable evidence:

1. Avoiding Parental Responsibilities, including malicious evasion of alimony (avoidance of parental duties involves systematic, that is, repeated failure to fulfill parental duty, lack of care for their children, no matter what it may be. Article 69 of the Family Code of the Russian Federation highlights this form of evasion parental responsibilities as malicious evasion from paying alimony. In this case, it is not necessary that this fact be confirmed by an appropriate court verdict. It is enough to convince the court of the constant desire of the parent to evade the payment of alimony, to refuse material support to their children).
2. Refusal without good reason to take your child from a maternity hospital or other medical institution, educational institution, institution of social protection of the population or from other similar institutions.
3. Abusing your parental rights(creation of conditions that make it difficult or impossible for the full development of the child, education for the child; accustoming him to the use of alcoholic beverages, drugs; using the child in the commission of a crime).
4. Child abuse(abuse of parents with children consists not only in physical, but also mental violence against them. Physical violence is beatings, causing physical suffering in any way. Mental violence is expressed in threats, instilling a sense of fear, suppressing any will of the child).
5. Chronic alcoholism or drug addiction of a parent(chronic alcoholism or drug addiction of the parent must be confirmed by an appropriate medical report. Deprivation of parental rights on this basis can be carried out regardless of the recognition of the defendant as having limited legal capacity through the court).
6. Committing an intentional crime against the life or health of a child or against the life and health of the spouse(in this case, the claim requires a court verdict confirming the crime committed).

Procedure. Deprivation of parental rights is carried out in a judicial proceeding. The case of deprivation of parental rights is considered at the request of one of the parents or persons replacing them, the prosecutor, as well as at the request of the bodies or institutions that are responsible for protecting the rights of minor children (guardianship and guardianship authorities, commissions for minors, institutions for children orphans and children left without parental care).

Circumstances undeniably confirming the parent's guilt and the fact that it is impossible to change the parent's behavior for the better must be proved in the trial.

Deprivation of parental rights does not release parents from the obligation to support their child. There is also an obligation to participate in additional expenses for the child (treatment, education, etc.).

Immediately after the deprivation of parental rights of both parents, the child falls into the category of those left without parental care. The same happens in cases where the other parent cannot or does not want to take full care of their child, which is revealed by the court in the process of considering a claim for deprivation of parental rights, as well as in cases where a single mother or father is deprived of parental rights. raising a child without a mother.

If it is impossible to transfer the child to another parent or in case of deprivation of parental rights of both parents, the child is transferred to the care of the guardianship and guardianship authority. At the same time, the adoption of a child in the event of deprivation of parents (one of them) of parental rights is allowed no earlier than six months from the date of the court decision on depriving the parents, or one of them, of parental rights.

Simultaneously with the decision on the issue of deprivation of parental rights, the court also decides on the issue of further cohabitation of the child and parents (one of them) deprived of parental rights in the manner prescribed by the current housing legislation. Housing Code of the Russian Federation in Art. 91 provides for the possibility of eviction from a dwelling provided under a social tenancy agreement without providing another dwelling for citizens deprived of parental rights, if the cohabitation of these citizens with children in respect of whom they are deprived of parental rights is recognized by the court as impossible. If the apartment is owned by a child or another parent, then the parent deprived of parental rights can also be evicted, because. from the moment of deprivation of parental rights, he is no longer considered a member of his child's family, and such eviction is provided for by the norms of the housing legislation of the Russian Federation. If the parent and child live in an apartment that belongs to them equally, or if the owner of the apartment is the parent himself, deprived of parental rights, then he is not evicted. When a court decides that it is impossible for a child to live together with a parent deprived of parental rights, the child is relocated, but the right of ownership of the dwelling and the right to live there is retained by the child for the entire time of his absence. Children of parents deprived of parental rights remain by law among the heirs of the first stage of their parents.

Consequences. In accordance with Art. 71 of the Family Code of the Russian Federation, parents deprived of parental rights lose all rights based on the fact of kinship with children: for the personal upbringing of their children; to communicate with the child; to protect the rights and interests of the child; to receive maintenance from their adult children in the future; to inherit by law in the event of the death of a son (daughter).

Usually, persons deprived of their parental rights remember their children when they grow old and lack their own means of subsistence. But here it is no longer necessary to talk about the continuity of generations in terms of the mutual care of the elders for the younger (and vice versa), because the connection between them was broken due to the fault of those who did not fulfill their parental duty. Therefore, adult children are exempted from paying alimony to parents deprived of parental rights. For the same reasons, persons who were deprived of parental rights in relation to these children and were not restored in these rights at the time of opening the inheritance were excluded from the list of heirs after their children. However, children have the right to bequeath their property to parents deprived of parental rights. The second group of rights that a person deprived of parental rights loses are the rights associated with various kinds of benefits provided by the state to parents.

All consequences of deprivation of parental rights remain in force until parental rights are restored by the court. By regulating the procedure for protecting the rights and interests of the child by depriving negligent parents of their parental rights, the legislation also provides for the possibility of restoring the original situation. So, according to Art. 72 of the Family Code of the Russian Federation, parents or one of them can be restored in parental rights in cases where they have changed their behavior, lifestyle and (or) attitude to raising a child.

Restoration of parental rights carried out in the same manner as the deprivation, i.e. in the judiciary. The basis for consideration by the court of the issue is the application of the parent deprived of parental rights. Cases on the restoration of parental rights are considered with the participation of the guardianship and guardianship authority, as well as the prosecutor. Simultaneously with the application for the restoration of parental rights, the requirement to return the child to the parents, or to one of them, may be considered. Taking into account the opinion of the child, the court has the right to refuse to satisfy the claim of the parents (one of them) for the restoration of parental rights, if the restoration of parental rights is contrary to the interests of the child. Restoration of parental rights in relation to a child who has reached the age of ten years is possible only with his consent.

Restoration of parental rights, if the child is adopted and the adoption is not canceled, is not allowed.

The material was prepared on the basis of information from open sources

Parental rights are all the rights and obligations that parents have to their minor children. They lose their force after the child reaches the age of 18 or is recognized as capable in the event of a family being created for certain circumstances. Both parents have the same rights and obligations to the child.

The most optimal for children is upbringing in a complete family by biological parents. But under certain circumstances, and only by a court decision, they can be deprived or restricted in their rights. This can happen if facts and evidence of infringement or harm to the child are revealed. The reasons for deprivation of parental rights are spelled out in the Family Code of the Russian Federation. Their interpretation is not accurate and is subject to adjustment in court, taking into account all the circumstances.

One of the main reasons for deprivation is the failure to fulfill the duties of parents, non-payment of alimony for more than 6 months. The duties of parents include the observance and protection of the interests of the child, the receipt of a complete education, the preservation of mental and emotional health, etc. If the parents live separately, then the reason for depriving the rights of the second parent (or both - if they do not live with the child) may be that they did not pay child support for 6 months and did not participate in the child's life in any way.

Parental rights can also be terminated if they are abused. This happens if a parent, using his power, acts against the interests of the child: accustoms him to alcohol / drugs, prohibits education, promotes some views on life that are dangerous for physical or mental health.

Another reason is child abuse, violence against them, as well as the commission of an intentional crime against the life or health of a child or spouse. Parents who suffer from chronic alcoholism or drug addiction may also be deprived of their rights, because. unable to perform their duties properly.

The case of deprivation of parental rights is considered in court at the request of one of the parents, the prosecutor or guardianship authorities. After such a decision is made, the child is transferred to the second parent or guardian appointed by the court, or to an orphanage. At the same time, he does not lose all his property rights (ownership of housing, inheritance). The parent does not have any right to the child, including participation in his life, but is still obliged to pay alimony.

A child who was taken from his parents cannot be adopted by other people for six months. This period gives the biological parents of the child to correct their mistakes.

Can parental rights be restored?

Termination of parental rights is neither final nor irrevocable. They can be restored with a fairly large effort. To do this, you must again go to court and start a case, providing evidence of your correction. One has only to remember that if the child is already adopted, then the process becomes irreversible. In addition, a child who has reached the age of 10 may himself refuse to return to his parents, without even giving a reason. In this case, the court takes into account the wishes of the child and refuses to restore the rights of the parents.

Chapter 12 of the Family Code of the Russian Federation (FC RF) provides for the rights and obligations of parents.

According to Art. 63 of the RF IC, parents have the right and obligation to raise their children, strive for their development, take care of physical and mental health, etc.

At the same time, according to Art. 69 of the RF IC, parents, or one of them, may be deprived of parental rights in case of evasion of their duties; in case of malicious evasion from the payment of alimony; abuse of their rights; child abuse; leaving the child in the hospital; chronic alcoholism or drug addiction; committing a crime against a child or other parent.

Deprivation of parental rights is possible only in court at the request of one of the parents, persons replacing them, the prosecutor or guardianship and guardianship authorities, or organizations that are responsible for protecting the rights of minor children.

Deprivation of parental rights of parents (one of them) is possible if the children are minors.

Deprivation of parental rights, main stages.

In accordance with the clarifications of the Plenum of the Supreme Court of the Russian Federation Decree of May 27, 1998 No. 10 “On the application of legislation by the courts in resolving disputes related to the upbringing of children”, deprivation of parental rights is an extreme measure.

As a rule, one ground for deprivation of parental rights is not enough; the court, studying the case materials, takes into account all the circumstances relating to the life of parents and their children.

To deprive parental rights at the request of one of the spouses, you must first go through several stages in order to collect documents that will be submitted to the court.

1. Appeal to law enforcement agencies

One of the grounds for deprivation of parental rights is the intentional crime of one of the parents against their minor child, or against the other spouse.

In the event of violence against a child or other spouse, the victim must first of all record the damage caused to health by contacting a medical institution for examination.

After receiving a medical certificate of damage to health, the victim (legal representative of the child) has the right to file a crime report at the scene of the crime to the police in accordance with Art. 144, 145 Code of Criminal Procedure, with the exception of crimes under paragraph 2 of Art. 20 Code of Criminal Procedure of the Russian Federation.

Based on the results of consideration of the application for a crime by law enforcement agencies, one of three decisions is made: on the initiation of a criminal case; on the refusal to initiate a criminal case; on the transfer of materials under jurisdiction.

If an illegal and unreasonable refusal to initiate a criminal case is issued on the basis of a crime statement, then in accordance with Art. 123,124,125 of the Code of Criminal Procedure of the Russian Federation, the refusal is appealed to the prosecutor's office or the court.

In the event of a criminal case being initiated, the victim, upon a petition from a crime, is recognized as a victim (Article 42 of the Code of Criminal Procedure of the Russian Federation) and a civil plaintiff (Article 44 of the Code of Criminal Procedure of the Russian Federation).

After the preliminary investigation, the materials of the criminal case are transferred to the court. Depending on the proof of guilt, the court issues a guilty verdict against one of the spouses.

A copy of the verdict is issued to the victim and can be used later as proof in a lawsuit to terminate parental rights.

If the committed act contains signs of the composition of the crimes provided for by Art. 115, 116, 128.1 of the Criminal Code of the Russian Federation, then an application for initiating a case on private charges is filed with the Magistrate's Court in accordance with Art. 318 Code of Criminal Procedure of the Russian Federation. The form and content of the application are provided for by this article.

The court, after accepting the case for its proceedings, establishes all the circumstances relating to the crime, and draws a conclusion about the guilt of the person concerned. After the court verdict, it is also necessary to obtain a copy of the verdict, and use the document when preparing a statement of claim for deprivation of parental rights.

2. Contacting the bailiff service.

The activities and powers of bailiffs are regulated, incl. Federal Law No. 229-FZ "On Enforcement Proceedings".

Malicious evasion from paying alimony is one of the grounds for depriving parents of parental rights, while in practice it is possible to prove maliciousness only if a large amount of work has been done beforehand.

After the court decision on the recovery of alimony from one of the parents, the writ of execution received in court is presented to the bailiff service at the place of residence of the spouse from whom the alimony will be collected.

The bailiff sends requests to the state registration authorities in order to establish the place of work and income of the spouse who is obliged to pay alimony.

If, within the framework of enforcement proceedings, the place of work of the debtor, as well as other income from which alimony should be calculated, is not established, but it becomes known that the spouse obliged to pay alimony hides his income and evades paying alimony in every possible way, the bailiff may bring the spouse-debtor to administrative responsibility on the basis of Art. 6 of the Federal Law "On Enforcement Proceedings".

With further attempts to conceal their property and income in order to evade the payment of alimony (arrears in alimony), the spouse obliged to pay alimony may be held criminally liable for malicious evasion under Art. 157 of the Criminal Code of the Russian Federation.

Based on the results of enforcement proceedings, in order to prepare a claim for deprivation of parental rights, it is necessary to obtain a certificate of alimony debt, documents evidencing the imposition of administrative responsibility and bringing the debtor to criminal responsibility.

3. Collection of other documents and testimonies characterizing one of the parents from the negative side.

If one of the parents suffers from chronic alcoholism or is a drug addict, and is also on the appropriate register, it is necessary to select the appropriate documents (certificates, extracts, doctors' conclusions, the names of the doctors who performed the treatment, etc.) confirming the diagnosis and treatment in the medical institutions of this spouse.

In addition, as part of the preparation of documents for a statement of claim for deprivation of parental rights, it is necessary to collect all possible and available documents for one of the parents that characterize him negatively, incl. characteristics from places of work, testimonies of acquaintances and neighbors, officials of schools, kindergartens, etc.

4. Appeal to the guardianship and guardianship authorities

The activities of guardianship and guardianship authorities are regulated, incl. Federal Law No. 48-FZ "On guardianship and guardianship".

Zharov Anton Alekseevich, lawyer, specialist in family placement of children, teacher at the School of Adoptive Parents of the Family Foundation

I would like to thank Aleksey Rudov, Head of the School of Adoptive Parents of the Family Charitable Foundation, for his help in preparing this publication.

Dear parents!

I was asked to make this brochure by employees of the guardianship authorities of the city of Moscow in order to explain in a simple and understandable language to you, who have decided to deprive the parental rights of the second parent of a child, what awaits you and how exactly the process will go. This pamphlet was most likely handed to you by an employee of the guardianship authority so that you can get all the information at once, and not ask him (alas, he is already busy beyond measure) several times.

In 2010, by order of the Department of Family and Youth Policy, several manuals written by me were already published, designed to help both guardianship officials and parents cope with some legal problems on their own. But over the past three years, they, alas, have not been reprinted.

In this small booklet you will find the latest legislation regarding the issue of deprivation of parental rights, an approximate list of necessary documents, as well as an approximate procedure for dealing with this situation.

Of course, going to court without the help of a lawyer is like self-medicating: even the advice of a pharmacist helps some, while others will then have to spend a lot of time on “retreatment” - but still, it’s worth having an idea of ​​​​what deprivation of parental rights is. Evaluate your strengths, consult with the staff of your guardianship authority, and, if you decide, hit the road. I hope my book will help you.

Yours sincerely,

lawyer Anton Zharov

Deprivation of parental rights

Deprivation of parental rights, of course, is a very unpleasant thing. The father (and more and more often, the mother, or even both parents) are removed from raising their own child, leaving him to the mercy of fate. A common misconception is that only an alcoholic or drug addict parent who has not paid child support for many years can be deprived of parental rights. This opinion leads to the fact that they do not try to deprive parental rights even of those who, for example, have not seen their child at all for a decade. And what, not a drug addict, not an alcoholic ... And the parents themselves, who avoided raising their own children, also feel calm: if I pay at least 100 rubles in alimony (some literally pay!) - that's it, there should be no complaints against me.

There is also an opposite opinion. The child is six months old, a month ago the parents stopped living together. “Deprive him of parental rights!” the mother demands.

The truth, of course, is somewhere in the middle between these two positions.

What the law says. Firstly, only the court “may”, but is not obliged to deprive parental rights. And this means that if you start this whole process, you need to be prepared for several months of a certain legal struggle.

Secondly, the list of grounds for deprivation of parental rights is very strictly specified and it will not be possible to expand it.

Thirdly, you need to understand very clearly why you (and your child) need to deprive the parental rights of the second parent. What are you planning to get out of it?

Let's start with the consequences of deprivation of parental rights. First of all, a parent deprived of parental rights loses the right to raise his child, does not have the right to see him, be interested in his successes and problems at school, kindergarten or clinic. In addition, a person deprived of parental rights loses the ability to allow or prohibit something to a child. First of all, this concerns permits and prohibitions related to traveling abroad, as well as when seeking medical help.

Deprived of parental rights will not inherit the child (if this happens, God forbid). But the child will inherit the property of the parent deprived of parental rights. In addition, the obligation to pay alimony does not depend on the deprivation of parental rights: the “deprived” continue to pay them in any case.

It should be noted that, despite the fact that a parent may be deprived of parental rights, relatives on his part (for example, the child's grandparents) do not lose rights based on kinship with the child. But their implementation is a separate issue that will not be considered here.

Another important consequence of the deprivation of parental rights: the child may be later (after 6 months from the date of the court decision on deprivation of parental rights) adopted by the spouse of the remaining parent.

When raising the issue of deprivation of parental rights before the court, it is necessary to understand that this issue is considered by the court according to the rules of action proceedings, which means that the circumstances that you refer to in substantiating your request for deprivation of parental rights must be proven to the court by documents, explanations, testimonies of witnesses , photographs and any other evidence (an indicative list of documents is given below).

What do you need to prove to the court? Substantiate the grounds that may serve for the deprivation of parental rights. A complete list is given in Art. 69 of the Family Code of the Russian Federation (excerpts from it are in the relevant section).

First, about the "simple" grounds. This is the notorious drug addiction and alcoholism. Evidence in this case can only serve as a certificate from the relevant narcological dispensary stating that the parent who is deprived of parental rights is registered there as a drug addict or alcohol addict. An ordinary certificate from a doctor or an extract from the medical history cannot serve as conclusive evidence for the deprivation of parental rights on this basis. However, it is very likely that drug addiction or alcoholism itself is not the only reason for deprivation of parental rights in this particular case.

A parent may be deprived of parental rights if he has committed a crime against the life or health of his spouse or children. The law does not limit which spouse the crime is committed against (perhaps not against the parent of the child in respect of whom he is deprived of parental rights), or against which child (not necessarily the one in respect of which he is deprived of parental rights). In order to justify the deprivation of parental rights on this basis, it is necessary to submit to the court a court verdict that has entered into legal force, which will establish the parent's guilt in the relevant crime (beating, bodily injury, etc. up to murder).

A separate ground for deprivation of parental rights is the parent's abuse of the child, including an attempt on the child's sexual integrity, physical or mental abuse. It should be noted that in this case, as a rule, we are talking about the commission of a criminal offense, and as evidence, a court verdict against the parent is appropriate here. However, there are cases when the existence of ill-treatment can be proved in a civil process, however, this presents some difficulty: in a criminal case, the evidence is collected by the investigator, the interrogating officer is a representative of the state, and in the civil process, evidence will have to be obtained by yourself. As practice shows, on this basis, parental rights are most often deprived of in relation to children who are left without parental care at all, and both parents are deprived at once.

It is highly unlikely that the other parent of your child will be deprived of parental rights on the basis that he (or she) refuses to “without good reason take their child from a maternity hospital (department) or from another medical institution, educational institution, social protection institution or from similar organizations. Most likely, your child is at home, and this reason does not apply in your case.

Another ground for deprivation of parental rights is when parents "abuse their parental rights." What is meant. This is the behavior of a parent, which, being based on parental rights, leads to negative consequences for the child. For example, a parent can (and this type of “revenge” on a former spouse is quite common) prevent a child from going abroad on vacation, “take away” documents from the school where the child studied and unmotivatedly transfer him to another, the parent can refuse medical care to the child ( sometimes parents motivate this with religious ideas), in the end, a parent can prevent the child from communicating with the second parent, taking advantage of the fact that the child lives with him. All of the above situations, and any other situations of the use of parental rights to the detriment of the child, can be presented to the court as grounds for considering the issue of deprivation of parental rights. It should be noted that the deprivation of parental rights on this basis is a rather rare occurrence. This is due to the difficulty of proving these circumstances. But if there are other grounds for deprivation of parental rights, data on the abuse of parental rights (even with “weak” evidence, such as explanations from the second parent) will not be superfluous to add to the claim.

The largest number of deprivations of parental rights occurs on the grounds provided for in paragraph two of Article 69 of the RF IC. This is the case when parents "evade the fulfillment of the duties of parents, including in the case of malicious evasion of the payment of alimony."

A common mistake is to assume that if a parent does not evade paying child support (or evades, but not "maliciously"), then it is impossible to deprive him of parental rights. I have heard such an interpretation of the law even from prosecutors. However, literally the law does not indicate that evasion of alimony is a mandatory element for deprivation of parental rights. Of course not.

In itself, malicious evasion of the payment of alimony is a criminal offense. And if you have a verdict “in your pocket” that finds the parent guilty of it, going to court with a claim for deprivation of parental rights on this basis will most likely be successful. However, as practice shows, the application of Art. 157 of the Criminal Code of the Russian Federation, which provides for liability for malicious evasion of the payment of alimony - a rather rare event (especially in Moscow).

It is much more correct to look at the entire list of parental responsibilities provided for by law (first of all, articles 63, 64 and 65 of the RF IC) and assess how this parent fulfills them. Whether he brings up his child, whether he participates in their education, whether he takes care of his health - all this is important. And, of course, whether he pays money (alimony) for the maintenance of his child. If most (or even all) parental responsibilities are not fulfilled by the parent, this is an occasion to think about depriving parental rights.

When resolving the issue of depriving one of the parents of parental rights, the court is obliged to check that the other parent can raise the child in proper conditions, therefore, the court will need to submit documents on their income (that the child has something to feed), and also be ready to give explanations on this question.

Cases on deprivation of parental rights are considered with the obligatory participation of a representative of the guardianship authority (both where you live with the child and where the other parent lives) and the prosecutor. In order to give an opinion on your case, guardianship officers will definitely visit your home and, possibly, talk with the child (custodial officers call this “conducting a survey of living conditions”).

After applying to the court, do not forget to transfer to the guardianship authority a copy of your claim, the documents attached to the claim, and also agree at what time an employee of the guardianship authority will visit you to conduct an “act”. Try to have everyone in the household at this time, especially if they have something to say on the issue under consideration in the lawsuit.

It must be borne in mind that the deprivation of parental rights is called the “last resort” of parental responsibility, and therefore, it is likely that in your case, especially if the second parent shows some persistence, the court will “go forward” and will not deprive parental rights, warning, however, about what you need to be more responsible about your parental responsibilities. In this case, there are two ways out: either the parent will really “take up his mind” and the child will have a normal, loving father or caring mother, or ... Or after some time (usually at least six months) you will again have to go to court with a claim for deprivation parental rights.

List of required documents

1. Birth certificate of the child

This document contains information about the name of the child, the date of his birth, as well as the names of his parents. The birth certificate is the main document submitted to the court as evidence and proves who exactly the parents of the child are.

If you do not have a birth certificate, you can get a second one by contacting the registry office where the birth of the child was registered.

2. Certificate of paternity

Establishing the fact of paternity in relation to a particular child. It is necessary to apply if the child was born out of wedlock and paternity was established in relation to him. If you do not have a certificate of paternity, it can be issued by the registry office where it was made, at your request.

3. Single housing document

Currently replaces about 13 previously issued documents in relation to real estate. If EZhD is not yet issued in your area, then you need to attach an extract from the house book (as proof of your residence in a certain place) and a financial and personal account (as proof of the grounds for such residence). These documents are issued in Moscow at an organization called the EIRTs, in other cities - in similar ZhEKs, DEZs, etc. housing organizations.

4. Document confirming the payment of the state fee

The state fee for filing a claim for deprivation of parental rights is calculated in accordance with Art. 333.19 of the Tax Code of the Russian Federation. As of 09/01/2013, the amount of the state duty is 200 rubles.

5. Document confirming the parent's income

As mentioned above, the court must provide documents confirming the level of income of the plaintiff, as an indicator of the possibility of supporting a child.

5.1 Help 2 personal income tax (“certificate of employment”)

You can get it from the accounting department at your place of work. Since it is issued only for the year, it is reasonable to apply not only for the current year, but also for the previous one, if the year has just begun.

5.2 Certificate from the place of work indicating the average salary

“Standard” form, indicating the position, length of service in this organization and average salary (often replaces the provision of 2-personal income tax).

5.3 Other documents containing information about income

Perhaps you are submitting a 3-personal income tax return to the tax office or are a pensioner, in which case you need to submit the available income documents (a copy of the declaration with a mark of acceptance, a certificate from the pension fund on the payment of your pension or allowance).

6. Other available written evidence on the claim

Other documents are understood as a non-exhaustive list of documents that confirm the circumstances of the parent's failure to fulfill their obligations to raise a child, the creation of a threat to the life or health of a spouse or child, documents characterizing the parties, and others.

6.1. Court decision refusing to terminate parental rights

Perhaps you have already applied to the court with such a claim and you have been denied. A copy of the judgment must be attached to this application. Please note that a copy of the court decision must be properly certified in the court that issued such a decision (please note that each entry “copy is correct” or “entered into legal force ...” is certified by the signature of the judge and official seal).

If you do not have a copy of the court decision (or it is not properly certified), the court where the case was heard will give you a certified copy. Considering that the case about this is most likely already in the archive, this issue should be taken care of at least a few weeks in advance.

Also keep in mind that parental termination cases are only kept on file for five years - you should consider getting several copies of the decision in advance.

6.2. Court order for the recovery of alimony or court order

Please note that these documents must also be certified, as indicated in the previous paragraph.

6.3. Certificate of bailiffs on the payment (arrears in payment) of alimony

It can be obtained from the department of the Bailiff Service where the court decision on the recovery of alimony is enforced.

Of course, such a certificate will be issued to you if you have already collected alimony by a court decision or are collecting them through the bailiff service under a notarial agreement on the payment of alimony. The calculation of the debt on the payment of alimony, based on practice, rarely takes less than a month from the bailiff. Keep this in mind.

6.4. References from educational institutions

Information about what classes the child attends, in which educational organizations he studies. Ask the leaders of these organizations to indicate on the certificate whether the parent who is being deprived of parental rights has contacted these organizations. And if so, when.

It would also be nice to attach a description of the child, where teachers could conclude that everything is fine with the child, and mom (or dad) takes part in the activities of the educational organization (or does not).

6.5. References from medical organizations

Similar to the previous point.

If possible, also ask to indicate who brought the child to the doctor's appointment, at what address the doctor was called to the child's house.

6.6. Court sentence

If the basis for deprivation of parental rights is the commission of a crime. The verdict of the court must be certified as specified in clause 6.1.

Please note that this list may not be exhaustive, and as many documents as possible substantiating your arguments should be attached to the claim.

It is definitely not worth attaching “extra” documents, although they confirm some aspects of the child’s life, but not those that are grounds for deprivation of parental rights. For example, copies of checks or contracts confirming the expenses for the child are absolutely not needed in the case (however, the contract with educational organizations should be attached - it proves who exactly concluded this contract. As a rule, the parent who is deprived of parental rights has nothing to do with this). Do not smooth over diaries, certificates, lists of grades, copies of medical records, etc., they will only scatter the attention of the court.

You can transfer copies (photocopies) of documents to the case by presenting the originals to the court “for review” at the meeting. In this case, the judge himself will certify copies of the documents available in the case. Alternatively, you may submit notarized copies to the file. Of course, documents like a certificate from the place of work or an extract from the house register should be submitted in originals.

Do not forget that when filing, you will need enough copies (photocopies) of all documents attached to the claim to transfer to other persons involved in the case (including the defendant, the prosecutor, the guardianship authority ...).

Procedure

Deprivation of parental rights is in the exclusive competence of the court.

An application for deprivation of parental rights is filed with the district court at the place of residence of the defendant and is considered in the order of action proceedings, i.e. The form of application to the court is a statement of claim.

Preparation of documents

Attached to the statement of claim (Art. 132 Code of Civil Procedure of the Russian Federation):

documents confirming the circumstances on which the plaintiff bases his claims, copies of these documents for the defendants and third parties, if they do not have copies.

As mentioned earlier in the “List of Required Documents”, you need to collect this package of documents to attach to your claim. It should be noted that this package must be attached not only to the main statement of claim to the court, but also to copies of the claim for the parties.

Preparation of a statement of claim in court

The statement of claim must meet the requirements of Art. 131 Code of Civil Procedure of the Russian Federation. The statement of claim must reflect the actual circumstances of the case that violate the rights and legitimate interests of the child.

In accordance with Art. 69 of the RF IC, parents (one of them) may be deprived of parental rights if they:

This list is exhaustive.

Filing a claim

A statement of claim for deprivation of parental rights is filed with the court at the place of residence of the defendant (Article 28 of the Code of Civil Procedure of the Russian Federation). An exception to this rule is the filing of a claim at the place of residence of the plaintiff, in the event of a combination of claims for deprivation of parental rights and for the recovery of alimony (part 3 of article 29 of the Code of Civil Procedure of the Russian Federation).

The district courts of Moscow (district and city courts of the Moscow region or another subject of the federation) act as the court of first instance (the court considering the claim for the first time).

The statement of claim can be sent by mail to the court, or in person, by contacting the court through the expedition, or at the reception of the judge. We recommend that if you prepare and file a claim on your own, do it at a judge's appointment in order to immediately check the compliance of the claim with the requirements established by the legislation of the Russian Federation.

If the claim is considered in another city, then, of course, you will have to submit it by mail. Use registered mail (letter or package) with acknowledgment of receipt.

Within 5 days after the receipt of the statement of claim in the court, the judge is obliged to find out the appointment of the court. meetings

Delivery of the summons to the body of guardianship and guardianship and examination of living conditions

In accordance with paragraph 2 of Art. 78 of the Family Code of the Russian Federation, the guardianship and guardianship authority is obliged to conduct an examination of the living conditions of the child and the person (persons) applying for his upbringing, and submit to the court an examination report and a conclusion based on it on the merits of the dispute.

Since this rule obliges the guardianship and guardianship authority to conduct an examination of living conditions and give a conclusion based on it on the merits of the dispute, it is important to agree on the date and time of the said examination report at the child's place of residence.

Therefore, in order to save time and save the Russian Post from stress, it is better if you deliver the subpoena for the guardianship and guardianship authority from the court yourself. Ask the judge to issue this summons (together with the claim and, perhaps, with the decision to conduct an inspection of your living conditions) into your hands, and you will deliver it yourself, having received a receipt on the back of the summons. Then this receipt will have to be returned to the court.

When examining living conditions (agree on the date and time with the employee when you will send the summons) is made in order to conclude that the child is doing well at the moment, as well as directly obtain information on the case (for example, about participation of the second parent in the upbringing of the child). As a rule, at the time of the examination, an employee of the guardianship authority talks with the child. Do not worry, your baby will not be tormented by questions about whether he agrees to deprive his parent of parental rights. No, most likely, the conversation will be held in a playful way, and the child will simply be asked to talk about his family (and he will tell, for example, that he lives with his mother and grandmother, but will remain silent about his father).

The result of the survey will be an act that the employee of the guardianship authority will bring to the court.

Trial

This category of cases is considered with the obligatory participation of the prosecutor and the body of guardianship and guardianship, regardless of who filed the claim. Both the prosecutor and the body of guardianship and guardianship give their opinions on the case.

When considering a case in a district court, there will be only one judge (who is also the presiding judge) in the composition of the court. It is he (or she, most of the judges are women) who will decide the fate of you and your child. The judge must be respected, at least, at least for this. Even if the judge behaves in some way incomprehensible to you (for example, he raises his voice or says things that you do not understand), you must remain in a position of unconditional respect for the court, do not argue, do not object, if something is unclear, ask for clarification.

Appeals to the court (requests) are called “petition”, with emphasis on the first “a” (petition). You, as a party to the case, have the right to file a petition (apply to the court with a request) on any issue important to the case: to call witnesses, to request evidence, to postpone the meeting for any reason, to give you time to familiarize yourself with some document brought to court by the other party. The court must allow (make a decision on it) each petition. An interlocutory decision of the court, for example, on the resolution of your application, is taken in the form of a ruling (the judge says so: “the court determined”), and cannot be appealed.

Litigation is a separate type of human activity, subject to certain, fairly strict rules, to know, understand and use which is a special skill that has been studied for a long time, first at a law school, and then with long experience in courts, your lawyer representing your interests in court . Of course, there is nothing impossible in taking part in a court hearing in your own case, but there is no doubt that any lawyer (does your procedural opponent have one, by the way?) Will do this much more efficiently.

Several court hearings await you, at least: preliminary (where the case is not heard on the merits, but only some evidence is passed to each other, requests, subpoenas, etc. are received) and the main one, where the case will be considered on the merits of the issue. Meetings can be postponed, that is, rescheduled for another day (usually for 3-4 weeks) in order for some actions to be performed: the defendant is summoned, documents are requested, witnesses are called, etc. So the hearing of the case can take several months and even a year.

You can ask for an adjournment of a meeting, for example, if you are ill. Such a petition can be made in writing and submitted to the court (through the expedition) in advance.

At the hearing, the parties give explanations. You - supporting the claim, the defendant - objecting to the claim. It is allowed (and even necessary) to ask the defendant certain questions. Questions are also asked to witnesses being interrogated in the case. All questions are asked with the permission (or at the suggestion) of the chairman. Questions may not be asked to the prosecutor or the court.

Within the framework of the brochure it is impossible to cover all aspects of proper behavior in court, and, even more so, questions of tactics and strategy for interrogating witnesses or the defendant. In any case, you should not ask questions, the answer to which will not prove anything that is relevant specifically to your claim. You should not ask the defendant how he got to such a life, or why he did not see the child. It is not your business to understand the motives of his behavior, it is important for you to prove whether he communicated with the child or not.

For example, it is correct to ask the respondent to name the date when he saw the child for the last time (most likely he will not lie, and will approximately answer something like “three years ago”), but it is wrong to ask if he went to school with the child (you there is a certificate that he didn’t come in - it’s not your job to refute it), or to be interested in why he doesn’t go to the child (you will hear the reason for this or that degree of “respect”, which will deprive you of the opportunity to say that there are no obstacles to communicating with the child It was).

In any case, one should never “argue” with a witness or defendant if he is telling a lie. Present evidence to the contrary, and don't just express your indignation.

A child over the age of 10 may be questioned in court as part of a lawsuit to terminate parental rights. As a rule, the question is not put before the child in this way, his relationship with the parent who is deprived of parental rights is simply clarified: when did he last see how he treats him, when was the last time he talked on the phone, etc.

The consideration of the case ends with the study of the case materials (at this moment ask the judge to pay attention to this or that document, if necessary), the conclusion of the prosecutor and the debate of the parties. In the debate, each side summarizes the available evidence. Here is the time to talk about the lies of the witnesses, citing evidence that refutes their testimony. Again, speaking in a debate requires separate preparation, and a separate training course. In any case, your lawyer must prepare for the debate, he was taught this.

The court's decision

A court decision that satisfies the claims for deprivation of parental rights shall enter into force upon expiration of 30 days from the date of issuance of a reasoned decision (if it has not been appealed. Otherwise, after consideration of the case by a court of second instance).

In order to enter the relevant information into the record of the civil status act of the child in connection with the deprivation of the parent of parental rights, the court sends an extract from the decision to the territorial body of the registry office.

Even if the parent's guilty behavior is proved in court, in exceptional cases the court, taking into account the nature of his behavior, personality and other noteworthy circumstances, has the right to refuse to satisfy the claim for deprivation of parental rights.

In this case, the defendant is warned by the court about the need to change his attitude to the upbringing of children, and the guardianship and guardianship authorities are charged with monitoring the fulfillment of parental duties.

As a rule, the court makes a decision in a short (incomplete) form, announcing in the court session only the operative part of the decision (in fact, what he decided: to deprive the parental rights of the name in relation to his child, for example). The full decision of the court will be made after some time. According to the law, this period is 5 days, however, as a rule, it is never kept (at least in Moscow and the metropolitan region). This is due to the huge load on the judges - they do not have time to write.

So, in two or three weeks (usually such a period) you will receive a court decision. However, it did not take effect! Those who do not agree with this decision have a month to appeal against it (from the moment the decision was made in its final, complete form. Please note: it was made, not the date it was issued to you!).

If the appeal did not take place, contact the court and receive a mark on its entry into force. If the decision is appealed, it will be reviewed by the court of second instance (in Moscow - the Moscow City Court, in the Moscow Region - the Moscow Regional Court, etc.), which may change the decision or leave it unchanged.

In this case, the decision of the court will come into force after its revision in the court of the second (appeal) instance.

We recommend that you obtain a court decision on deprivation of parental rights that has entered into legal force in court in several (at least three) copies at once: this may be useful, for example, when considering the adoption of a child.

Claim Form

Preobrazhensky District Court of the city of Moscow (Bukhvostova 2nd st., 4, Moscow, 107076)

Claimant: Ivanova Elena Ivanovna (Landysheva street, 10, Moscow, 123466)

Respondent: Sergey Petrovich Sidorov (Oleniy Val st., 11 building 8, apartment 60, Moscow, 107105)

Other persons involved in the case:
1. Prosecutor

2. Authority of guardianship and guardianship - Department of social protection of the population of the Borogodskoye district

3. Authority of guardianship and guardianship - Administration of the urban district of Kurkino

State duty: 200 rubles

Statement of claim

On August 11, 2009, I, Elena Ivanovna Ivanova, born on July 10, 1985, had a daughter, Maria Sergeevna Ivanova (birth certificate dated August 10, 2009 No. 354 in the Savelovsky registry office department of the Moscow registry office), in respect of which Sidorov Sergey Petrovich, born on January 22, 1980, acknowledged his paternity (record of establishing paternity dated August 10, 2009 No. 564 in the Savelovsky Department of the Civil Registry Office of the Civil Registry Office of Moscow).

Since birth, Maria has lived with me, my father lives separately. I am the only one in charge of raising a child. Maria's father actually withdrew from her upbringing, did not show any desire to meet her, did not take any part in her life.

The defendant avoids fulfilling the duties of a parent, is not interested in the life and health of his son, does not participate in his upbringing, education, does not care about moral and physical development, does not take part in the maintenance of the child, although he has a real opportunity to do so. Also, the defendant did not participate in the additional expenses for the child associated with medical care, summer vacations and sanatorium treatment. The defendant does not take care of the moral and physical development of the child, education, does not fulfill his other parental duties.

(give reasons and justifications for your arguments)

In accordance with Art. 69 of the RF IC, parents (one of them) may be deprived of parental rights if they evade the duties of parents.

Thus, I believe that there are sufficient grounds for depriving Sergei Petrovich Sidorov, born on January 22, 1980, of parental rights in relation to the minor Maria Sergeevna Ivanova, born on August 11, 2009.

Based on the foregoing, guided by Article.Article. 63, 69-71 RF IC, please:

to deprive Sidorov Sergey Petrovich, born on January 22, 1980, of parental rights in relation to the minor Ivanova Maria Sergeevna, born on August 11, 2009.

Attachments: 1. Document confirming the payment of the state fee.

2. Copies of the statement of claim for the persons participating in the case (with all attached documents.

3. Copy of the child's birth certificate.

4. A copy of the certificate of paternity.

5. Extract from the house book at the place of residence of the plaintiff.

Plaintiff (signature)

Ivanova E. I.

Regulations

Family Code of the Russian Federation (extracts)

Article 54. The right of a child to live and be brought up in a family

1. A child is a person who has not reached the age of eighteen years (majority).

2. Every child has the right to live and be brought up in a family, as far as possible, the right to know his parents, the right to be cared for by them, the right to live with them, except in cases where this is contrary to his interests.

The child has the right to be raised by his parents, ensure his interests, comprehensive development, respect for his human dignity.

In the absence of parents, in the event of deprivation of their parental rights and in other cases of loss of parental care, the child's right to be raised in a family is ensured by the guardianship and guardianship body in the manner prescribed by Chapter 18 of this Code.

Article 55. The right of a child to communicate with parents and other relatives

1. The child has the right to communicate with both parents, grandparents, brothers, sisters and other relatives. The dissolution of the marriage of the parents, its annulment or the separation of the parents does not affect the rights of the child.

In the case of separation of parents, the child has the right to communicate with each of them. The child has the right to communicate with his parents also in the case of their residence in different states.

2. A child in an emergency situation (detention, arrest, detention, stay in a medical institution, etc.) has the right to communicate with his parents (persons replacing them) and other relatives in the manner prescribed by law.

Article 56. The child's right to protection

1. The child has the right to protection of his rights and legitimate interests.

The protection of the rights and legitimate interests of the child is carried out by the parents (persons replacing them), and in the cases provided for by this Code, by the guardianship and guardianship authority, the prosecutor and the court.

A minor, recognized in accordance with the law as fully capable before reaching the age of majority, has the right to independently exercise his rights and obligations, including the right to protection.

2. The child has the right to protection from abuse by parents (persons replacing them).

In case of violation of the rights and legitimate interests of the child, including in case of failure or improper performance by parents (one of them) of the duties of raising, educating the child or in case of abuse of parental rights, the child has the right to independently apply for their protection to the guardianship and guardianship body, and reaching the age of fourteen years before the court.

3. Officials of organizations and other citizens who become aware of a threat to the life or health of a child, a violation of his rights and legitimate interests, are obliged to report this to the guardianship and guardianship authority at the actual location of the child. Upon receipt of such information, the guardianship and guardianship body is obliged to take the necessary measures to protect the rights and legitimate interests of the child.

Article 57. The right of the child to express his opinion

The child has the right to express his opinion in resolving any issue in the family that affects his interests, as well as to be heard in the course of any judicial or administrative proceedings. Consideration of the opinion of a child who has reached the age of ten is mandatory, except in cases where this is contrary to his interests. In the cases provided for by this Code articles 59, 72, 132, 134, 136, 143, 145), the guardianship and guardianship authorities or the court may make a decision only with the consent of a child who has reached the age of ten years.

Article 63

1. Parents have the right and duty to raise their children.

Parents are responsible for the upbringing and development of their children. They are obliged to take care of the health, physical, mental, spiritual and moral development of their children.

Parents have a preferential right to raise their children over all other persons.

2. Parents are obliged to ensure that their children receive a basic general education and create conditions for them to receive a secondary (complete) general education.

Parents, taking into account the opinion of their children, have the right to choose an educational institution and the form of education for their children.

Article 66. Exercise of parental rights by a parent living separately from the child

1. A parent living separately from the child has the right to communicate with the child, participate in his upbringing and resolve issues of the child's education.

The parent with whom the child lives must not interfere with the communication of the child with the other parent, if such communication does not harm the physical and mental health of the child, his moral development.

2. Parents have the right to conclude an agreement in writing on the procedure for exercising parental rights by a parent living separately from the child.

If the parents cannot reach an agreement, the dispute is resolved by the court with the participation of the guardianship and guardianship authority at the request of the parents (one of them). At the request of the parents (one of them) in the manner prescribed by the civil procedural legislation, the court with the obligatory participation of the guardianship and guardianship body has the right to determine the procedure for exercising parental rights for the period until the court decision enters into legal force.

3. In case of failure to comply with the court decision, the measures provided for by the civil procedural legislation are applied to the guilty parent. In case of malicious failure to comply with the court decision, the court, at the request of a parent living separately from the child, may decide to transfer the child to him based on the interests of the child and taking into account the opinion of the child.

4. A parent living separately from the child has the right to receive information about their child from educational institutions, medical institutions, institutions of social protection of the population and similar organizations. The provision of information may be refused only if there is a threat to the life and health of the child on the part of the parent. Refusal to provide information may be challenged in court.

Article 69. Deprivation of parental rights

Parents (one of them) may be deprived of parental rights if they:

evade the fulfillment of the duties of parents, including in the case of malicious evasion from the payment of alimony;

refuse without good reason to take their child from a maternity hospital (department) or from another medical institution, educational institution, institution of social protection of the population or from similar organizations;

abuse their parental rights;

mistreat children, including exercise physical or mental violence against them, encroach on their sexual inviolability;

are patients with chronic alcoholism or drug addiction;

have committed an intentional crime against the life or health of their children or against the life or health of their spouse.

Article 70. Procedure for deprivation of parental rights

1. Deprivation of parental rights is carried out in a judicial proceeding.

Cases on the deprivation of parental rights are considered upon the application of one of the parents or persons replacing them, the application of the prosecutor, as well as on the applications of bodies or organizations that are responsible for protecting the rights of minor children (guardianship and guardianship authorities, commissions for minors, organizations for orphans and children left without parental care, and others).

2. Cases on deprivation of parental rights are considered with the participation of the prosecutor and the body of guardianship and guardianship.

3. When considering a case on deprivation of parental rights, the court decides on the recovery of alimony for the child from the parents (one of them) deprived of parental rights.

4. If the court, when considering a case on deprivation of parental rights, finds signs of a criminally punishable act in the actions of the parents (one of them), it is obliged to notify the prosecutor about this.

5. The court is obliged, within three days from the date of entry into force of the court decision on the deprivation of parental rights, to send an extract from this court decision to the civil registry office at the place of state registration of the birth of the child.

Article 71. Consequences of deprivation of parental rights

1. Parents deprived of parental rights shall lose all rights based on the fact of kinship with the child in respect of whom they have been deprived of parental rights, including the right to receive maintenance from him (Article 87 of this Code), as well as the right to benefits and state benefits established for citizens with children.

2. Deprivation of parental rights does not release parents from the obligation to support their child.

3. The issue of further cohabitation of the child and parents (one of them), deprived of parental rights, is decided by the court in the manner prescribed by housing legislation.

4. A child in respect of whom the parents (one of them) have been deprived of parental rights shall retain the right of ownership to the living quarters or the right to use the living quarters, as well as retain property rights based on the fact of kinship with parents and other relatives, including the right to receiving an inheritance.

5. If it is impossible to transfer the child to another parent or in case of deprivation of parental rights of both parents, the child is transferred to the care of the guardianship and guardianship authority.

6. Adoption of a child in case of deprivation of parents (one of them) of parental rights is allowed not earlier than six months from the date of the court decision on deprivation of parents (one of them) of parental rights.

Article 72. Restoration of parental rights

1. Parents (one of them) can be reinstated in parental rights in cases where they have changed their behavior, lifestyle and (or) attitude to raising a child.

2. Restoration of parental rights is carried out in court at the request of a parent deprived of parental rights. Cases on the restoration of parental rights are considered with the participation of the guardianship and guardianship authority, as well as the prosecutor.

3. Simultaneously with the application of the parents (one of them) for the restoration of parental rights, the request for the return of the child to the parents (one of them) may be considered.

4. The court has the right, taking into account the opinion of the child, to refuse to satisfy the claim of the parents (one of them) for the restoration of parental rights, if the restoration of parental rights is contrary to the interests of the child.

Restoration of parental rights in relation to a child who has reached the age of ten years is possible only with his consent.

Restoration of parental rights is not allowed if the child is adopted and the adoption is not canceled (Article 140 of this Code).

5. Within three days from the date of entry into force of the court decision on the restoration of parental rights, the court sends an extract from such a court decision to the civil registry office at the place of state registration of the birth of the child.

Article 78

1. When the court considers disputes related to the upbringing of children, regardless of who filed a claim in defense of the child, the body of guardianship and guardianship must be involved in the case.

2. The guardianship and guardianship body is obliged to conduct an examination of the living conditions of the child and the person (persons) applying for his upbringing, and submit to the court an examination report and a conclusion based on it on the merits of the dispute.

Article 80

1. Parents are obliged to support their minor children. The procedure and form of providing maintenance to minor children are determined by the parents independently.

Parents have the right to conclude an agreement on the maintenance of their minor children (agreement on the payment of alimony) in accordance with Chapter 16 of this Code.

2. In the event that parents do not provide maintenance for their minor children, funds for the maintenance of minor children (alimony) are collected from the parents in a judicial proceeding.

3. In the absence of an agreement between the parents on the payment of alimony, in the event of failure to provide maintenance to minor children and in case of failure to file a claim in court, the guardianship and guardianship body has the right to bring a claim for the recovery of alimony for minor children against their parents (one of them).

Article 163. Rights and obligations of parents and children

The rights and obligations of parents and children, including the obligation of parents to support children, are determined by the legislation of the state in whose territory they have a joint place of residence. In the absence of a joint place of residence of parents and children, the rights and obligations of parents and children are determined by the legislation of the state of which the child is a citizen. At the request of the plaintiff, the legislation of the state in whose territory the child permanently resides may be applied to maintenance obligations and to other relations between parents and children.

Civil Procedure Code of the Russian Federation (extracts)

Article 55. Evidence

1. Evidence in a case is information about facts obtained in the manner prescribed by law, on the basis of which the court establishes the presence or absence of circumstances substantiating the claims and objections of the parties, as well as other circumstances that are important for the correct consideration and resolution of the case.

This information can be obtained from the explanations of the parties and third parties, the testimony of witnesses, written and material evidence, audio and video recordings, expert opinions.

2. Evidence obtained in violation of the law has no legal force and cannot be used as the basis for a court decision.

§ 56. Duty of proof

1. Each party must prove the circumstances to which it refers as the grounds for its claims and objections, unless otherwise provided by federal law.

2. The court determines which circumstances are relevant to the case, which party is to prove them, submits the circumstances for discussion, even if the parties did not refer to any of them.

Article 57

1. Evidence is presented by the parties and other persons participating in the case. The court has the right to invite them to submit additional evidence. If it is difficult for these persons to present the necessary evidence, the court, at their request, assists in collecting and demanding evidence.

2. In a petition for the retrieval of evidence, evidence must be indicated, as well as what circumstances that are important for the correct consideration and resolution of the case can be confirmed or refuted by this evidence, the reasons preventing the receipt of evidence, and the location of the evidence. The court issues a request to the party to obtain evidence or requests evidence directly. The person who has the evidence requested by the court shall send it to the court or hand it over to the person who has the appropriate request for presentation to the court.

3. Officials or citizens who are not able to present the required evidence at all or within the period established by the court must notify the court of this within five days from the date of receipt of the request, indicating the reasons. In case of failure to notify the court, as well as in case of failure to comply with the court’s requirement to present evidence for reasons recognized by the court as unjustified, guilty officials or citizens who are not persons participating in the case are fined - on officials in the amount of up to one thousand rubles , for citizens - up to five hundred rubles.

4. The imposition of a fine does not relieve the relevant officials and citizens in possession of the required evidence from the obligation to present it to the court.

Article 68. Explanations of the parties and third parties

1. Explanations of the parties and third parties about the circumstances known to them, which are important for the correct consideration of the case, are subject to verification and evaluation along with other evidence. If the party obliged to prove its claims or objections retains the evidence in its possession and does not present them to the court, the court has the right to substantiate its conclusions with the explanations of the other party.

2. Recognition by a party of the circumstances on which the other party bases its claims or objections, releases the latter from the need to further prove these circumstances. The confession is recorded in the minutes of the court session. The confession stated in the written statement shall be attached to the case file.

3. If the court has reason to believe that the confession was made in order to conceal the real circumstances of the case or under the influence of deceit, violence, threat, honest delusion, the court shall not accept the confession, about which the court issues a ruling. In this case, these circumstances are subject to proof on a general basis.

Article 69

1. A witness is a person who may know any information about the circumstances that are important for the consideration and resolution of the case. Information provided by a witness is not evidence if he cannot indicate the source of his knowledge.

2. A person petitioning to call a witness must indicate what circumstances relevant to the consideration and resolution of the case can be confirmed by the witness, and inform the court of his name, patronymic, surname and place of residence.

3. Not subject to interrogation as witnesses:

1) representatives in a civil case, or defenders in a criminal case, a case of an administrative offense, or mediators - about the circumstances that became known to them in connection with the performance of the duties of a representative, defense counsel or mediator;

2) judges, jurors, people's or arbitration assessors - about the issues that arose in the deliberation room in connection with the discussion of the circumstances of the case when the court decision or sentence was passed;

3) clergy of religious organizations that have passed state registration - about the circumstances that became known to them from confession.

4. The right to refuse to testify:

1) a citizen against himself;

2) spouse against spouse, children, including adopted children, against parents, adoptive parents, parents, adoptive parents against children, including adopted children;

3) brothers, sisters against each other, grandfather, grandmother against grandchildren and grandchildren against grandfather, grandmother;

4) deputies of legislative bodies - in relation to information that became known to them in connection with the exercise of deputy powers;

5) The Commissioner for Human Rights in the Russian Federation - in relation to information that became known to him in connection with the performance of his duties.

Article 70. Obligations and rights of a witness

1. A person summoned as a witness is obliged to appear in court at the appointed time and give truthful testimony. A witness may be interrogated by the court at the place of his residence, if he is unable to appear when summoned by the court due to illness, old age, disability or other valid reasons.

2. For giving a knowingly false testimony and for refusing to give evidence for motives not provided for by federal law, a witness shall bear liability under the Criminal Code of the Russian Federation.

3. The witness has the right to reimbursement of expenses associated with the summons to court and to receive monetary compensation in connection with the loss of time.

Article 71. Written evidence

1. Written evidence is containing information about the circumstances relevant to the consideration and resolution of the case, acts, contracts, certificates, business correspondence, other documents and materials made in the form of a digital, graphic record, including those received by facsimile, electronic or other communication or in any other way allowing to establish the authenticity of the document. Written evidence includes sentences and court decisions, other court decisions, protocols for the commission of procedural actions, protocols of court sessions, annexes to the protocols for the commission of procedural actions (diagrams, maps, plans, drawings).

2. Written evidence shall be submitted in the original or in the form of a duly certified copy.

Original documents are submitted when the circumstances of the case, in accordance with laws or other regulatory legal acts, are subject to confirmation only by such documents, when the case cannot be resolved without original documents, or when copies of the document are presented that differ in their content.

3. Copies of written evidence submitted to the court by a person participating in the case or requested by the court shall be sent to other persons participating in the case.

4. A document received in a foreign state is recognized as written evidence in court, if its authenticity is not refuted and it is legalized in accordance with the established procedure.

5. Foreign official documents are recognized in court as written evidence without their legalization in cases provided for by an international treaty of the Russian Federation.

Article 131. Form and content of a statement of claim

1. The statement of claim shall be submitted to the court in writing.

2. The statement of claim must contain:

1) the name of the court to which the application is submitted;

2) the name of the plaintiff, his place of residence or, if the plaintiff is an organization, its location, as well as the name of the representative and his address, if the application is submitted by a representative;

3) the name of the defendant, his place of residence or, if the defendant is an organization, its location;

4) what is the violation or threat of violation of the rights, freedoms or legitimate interests of the plaintiff and his claim;

5) the circumstances on which the plaintiff bases his claims and the evidence confirming these circumstances;

6) the value of the claim, if it is subject to evaluation, as well as the calculation of the sums of money recovered or disputed;

7) information on compliance with the pre-trial procedure for applying to the defendant, if this is established by federal law or provided for by an agreement between the parties;

8) a list of documents attached to the application.

The application may contain telephone numbers, fax numbers, e-mail addresses of the plaintiff, his representative, the defendant, other information relevant to the consideration and resolution of the case, as well as the petitions of the plaintiff.

4. The statement of claim is signed by the plaintiff or his representative if he has the authority to sign the statement and present it to the court.

Article 132. Documents attached to the statement of claim

Attached to the claim are:

its copies in accordance with the number of defendants and third parties;

a document confirming the payment of the state fee;

a power of attorney or other document certifying the authority of the plaintiff's representative;

documents confirming the circumstances on which the plaintiff bases his claims, copies of these documents for the defendants and third parties, if they do not have copies;

evidence confirming the implementation of the mandatory pre-trial procedure for resolving the dispute, if such a procedure is provided for by federal law or an agreement;

Calculation of the exacted or contested amount of money, signed by the plaintiff, his representative, with copies in accordance with the number of defendants and third parties.

Article 177

1. Each witness is interrogated separately. The witness may be interrogated through the use of video conferencing systems. The interrogation of a witness through the use of videoconferencing systems is carried out by the court considering the civil case on the merits, according to the general rules established by this Code, taking into account the specifics provided for in Article 155.1 of this Code.

2. The presiding judge ascertains the attitude of the witness to the persons participating in the case and invites the witness to tell the court everything that he personally knows about the circumstances of the case.

3. After that, the witness may be asked questions. The first to ask questions is the person on whose application the witness was summoned, the representative of this person, and then other persons participating in the case, their representatives. The judges have the right to ask questions to the witness at any moment of his interrogation.

4. If necessary, the court may re-interrogate the witness in the same or in the next court session, as well as re-interrogate witnesses to clarify contradictions in their testimony.

5. The interrogated witness shall remain in the courtroom until the end of the trial of the case, unless the court allows him to leave earlier.

Article 179. Interrogation of a minor witness

1. The interrogation of a witness under the age of fourteen, and at the discretion of the court and the interrogation of a witness between the ages of fourteen and sixteen, shall be carried out with the participation of a pedagogical worker who is summoned to court. If necessary, the parents, adoptive parents, guardian or custodian of the minor witness shall also be summoned. These persons may, with the permission of the presiding judge, put questions to the witness, as well as express their opinion regarding the identity of the witness and the content of his testimony.

2. In exceptional cases, if it is necessary to establish the circumstances of the case, during the interrogation of a minor witness, one or another person participating in the case may be removed from the courtroom on the basis of a court ruling, or any of the citizens present may be removed in the courtroom. The person participating in the case, after returning to the courtroom, must be informed of the content of the testimony of a minor witness and must be given the opportunity to ask the witness questions.

3. A witness who has not reached the age of sixteen years, upon completion of his interrogation, is removed from the courtroom, unless the court recognizes the presence of this witness in the courtroom as necessary.

Decree of the Plenum of the Supreme Court of the Russian Federation of May 27, 1998 No. 10 “On the application of legislation by the courts in resolving disputes related to the upbringing of children” (extracts)

10. In preparing for the trial of a case on the deprivation of parental rights of one of the parents, the judge, in order to protect the rights of the minor and ensure appropriate conditions for his further education, as well as to protect the rights of the parent who does not live with the child, must in each case notify this parent of the time and the place of the trial and explain that he has the right to file a demand for the transfer of the child to him for upbringing.

11. Parents may be deprived by a court of parental rights on the grounds provided for in Article 69 of the RF IC, only in the event of their guilty behavior.

Evasion of parents from fulfilling their duties of raising children can be expressed in a lack of concern for their moral and physical development, education, and preparation for socially useful work.

Abuse of parental rights should be understood as the use of these rights to the detriment of the interests of children, for example, creating obstacles to learning, inducing begging, stealing, prostitution, drinking alcohol or drugs, etc.

Child abuse can manifest itself not only in physical or mental violence against them by parents or in an attempt on their sexual integrity, but also in the use of unacceptable methods of education (in rude, neglectful, degrading treatment of children, abuse or exploitation of children) .

Chronic alcoholism or drug addiction of parents must be confirmed by an appropriate medical certificate. Deprivation of parental rights on this basis may be carried out regardless of the recognition of the defendant as having limited legal capacity.

12. Based on Articles 69, 73 of the RF IC, persons who do not fulfill their parental duties due to a combination of difficult circumstances and for other reasons beyond their control (for example, a mental disorder or other chronic illness, for excluding people suffering from chronic alcoholism or drug addiction). In these cases, and also when, during the consideration of the case, sufficient grounds are not established for depriving the parents (one of them) of parental rights, the court may decide to take the child away and transfer him to the care of guardianship and guardianship authorities, provided that the child is left with parents is dangerous for him (clause 2, article 73 of the RF IC).

In the same manner, the issue of removing children from adoptive parents can be resolved if there are no grounds established by law (Article 141 of the RF IC) for canceling the adoption.

When considering a case on restriction of parental rights, the court must also resolve the issue of collecting child support from the parents (one of them) or adoptive parents.

13. Courts should bear in mind that deprivation of parental rights is a last resort. In exceptional cases, when the parent's guilty behavior is proved, the court, taking into account the nature of his behavior, personality and other specific circumstances, has the right to refuse to satisfy the claim for deprivation of parental rights and warn the defendant about the need to change his attitude to raising children, entrusting the guardianship and guardianship authorities with control over the implementation them parental responsibilities. In refusing a claim for deprivation of parental rights, the court, in the presence of the above circumstances, has the right, in accordance with Article 73 of the RF IC, to also resolve the issue of taking the child away from the parents and transferring it to guardianship and guardianship authorities, if this is required by the interests of the child.

14. The adoption of a decision on deprivation of parental rights entails the loss by the parents (one of them) of not only the rights that they had before the children reached the age of majority, but also others based on the fact of kinship with the child, arising from both family and other legal relations.

15. Considering that a person deprived of parental rights also loses the right to receive pensions, allowances, other payments assigned to children, as well as alimony collected for a child (clause 1, article 71 of the RF IC), the court after the entry into force of the decision on deprivation of parental rights, it is necessary to send a copy of it to the body making these payments, or to the court at the place where the decision on payments was made to discuss the issue of transferring payments to the account of the children's institution or to the person to whom the child was transferred for upbringing.

17. Since, in accordance with paragraph 2 of Article 71 of the RF IC, the deprivation of parental rights does not relieve the parent from the obligation to support his child, the court, in accordance with paragraph 3 of Article 70 of the RF IC, when considering a case on deprivation of parental rights, also decides the issue of collecting child support, regardless of whether such a claim is made.

In case of deprivation of parental rights of one parent and the transfer of the child to be raised by another parent, guardian or trustee or adoptive parents, alimony is collected in favor of these persons in accordance with Articles 81-83, clause 1 of Article 84 of the RF IC. If children have already been placed in children's institutions before the issue of deprivation of parental rights is resolved, the alimony collected from parents deprived of parental rights is credited to the accounts of these institutions, where they are taken into account separately for each child (clause 2 of article 84 of the RF IC).

In case of deprivation of parental rights of both parents or one of them, when the transfer of the child to another parent is impossible, the alimony is not subject to collection by the guardianship and guardianship authority to which the child is transferred in such cases (clause 5 of article 71 of the RF IC), but are transferred to the child’s personal account at the Savings Bank.

18. The court decision on the deprivation of parental rights must indicate to whom the child is being transferred for upbringing: to another parent, guardianship and guardianship authority or guardian (custodian), if he has already been appointed in the prescribed manner.

If it is impossible to transfer the child to another parent or in case of deprivation of parental rights of both parents, when the guardian (custodian) has not yet been appointed, the child is transferred by the court to the custody of the guardianship and guardianship authority.

At the same time, it must be borne in mind that the transfer of a child to be raised by relatives and other persons is allowed only if these persons are appointed as his guardians or trustees.

When transferring a child to the care of guardianship and guardianship authorities (clause 5, article 71, article 121 of the RF IC), the court should not decide how the fate of the child should be determined by these authorities (placement in a children's institution, boarding school, appointment guardian, etc.), since the choice of the method of placement of children is within the competence of the above authorities.

An extract from the court decision on the deprivation of parental rights within three days from the date of its entry into force in accordance with paragraph 5 of Article 70 of the RF IC must be sent by the court to the civil registry office at the place of state registration of the birth of the child.

Thanks!

Thank you for reading this book carefully. I hope the issue of deprivation of parental rights has become a little clearer to you.

Employees of the guardianship authority will always try to help you resolve a particular family conflict related to raising children. But if the situation cannot be resolved, you will have to go to court.

I really hope that now you can handle it yourself.

But if you have any questions, please get in touch.

Last updated February 2019

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

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

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

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

• Prior to this, all methods were tried to correct the behavior of parents in the direction of improving their relationship and the conditions of the child. Explanatory conversations were held, perhaps the guardianship and guardianship authorities issued a warning, there were conversations with police officers, support and comprehensive assistance were received. But the result of the behavior has not changed;
• Clear and provable fault of the parent.

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

Reason 1: Parents do not fulfill their duties

A study of judicial practice indicates that evasion consists in regular failure to fulfill parental obligations, elementary disregard for the basic needs of the child, such as food, clothing, medical care. Also, there are cases of involving a child in situations that adversely affect his upbringing - drunkenness, immorality, lack of respect for the elderly, ridicule of the disabled, and so on.

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

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

• it is important to have regular payment evasion
• late payment
• incorrect amount of child support
• creating obstacles to their receipt

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

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

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

Example: If a single mother leaves the child in the department of the maternity hospital, without good reason, while not intending to place him in a family for guardianship or in an appropriate state institution, then this fact is considered grounds for deprivation of parental rights.

Reason 3: Parents abuse their rights

At the heart of this circumstance is the fact of the parent's dominance over the child, his impotence before coercion to commit any action: the use of alcohol, drugs, forced begging or forced prostitution. Practice shows that such pressure from parents on children is systemic and eventually turns into exploitation of the child.

Often, it is very difficult to prove the guilt of parents on this basis, therefore, the norms of Art. 73 RF IC "Restriction of parental rights".

Ground 4: Child abuse

This circumstance is characterized by violence against children: physical, including sexual and mental. Violence of the physical type - regular, deliberate infliction of bodily harm to a child, regardless of their severity and method of application. Mental violence can be in the form of deliberate imposition of a sense of fear, willpower suppression, threats.

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

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

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

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

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

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

Restriction of parental rights

Considering the claim, the court decides for what it is possible to deprive the father or mother of parental rights, and for what to restrict their rights. Some of the grounds for deprivation of rights may also act for their restriction. But basically, the restriction of parental rights occurs due to reasons beyond the control of the parents themselves. These are cases in which the life of the child is in danger, for example, illness or mental disorders of the parents. Sometimes the restriction of parental rights is chosen as a preventive measure for parents, with a deadline for correction. If the parents pass this period, under the supervision of the guardianship and guardianship service, the restriction is lifted.

Deprivation of rights, as well as restriction, applies only to parents. Persons replacing them may not be deprived of parental rights. They go through a different process.

Consequences of deprivation and restriction of parental rights

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

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

What does it take to terminate parental rights?

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

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

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

• The closest relatives of the child or parents: brother or sister, grandmother, grandfather.
• Bodies involved in the protection of children's rights;
• Preschool and educational institutions;
• Institutions of health care and social protection of the population;
• Prosecutor's offices.

If you have questions about the topic of the article, please feel free to ask them in the comments. We will definitely answer all your questions within a few days. However, carefully read all the questions and answers to the article, if a similar question has a detailed answer, then your question will not be published.