Statement of claim for restriction of parental rights

Deprivation of parental rights is a last resort measure against the parent of a child who does not fulfill his or her parenting responsibilities. This measure can threaten both the father and the mother.

Let's first briefly look at the procedure and grounds for deprivation:

• It is carried out only through the court, even if there is the consent of the other party.
• As a general rule, such an application is submitted to the court at the place of residence of the defendant, but if a minor child lives with the plaintiff, you can submit it at your place of residence (Article 29 of the Code of Civil Procedure of the Russian Federation).
• The deprivation of rights is indefinite.

Restriction and deprivation of parental rights: differences

Limitation of parental rights is a procedure that eliminates the negative influence of a parent on a child. It is usually used before deprivation, when the court considers that there are not enough grounds for the latter and it is necessary to give the mother or father a chance to reform.

After the court decision enters into legal force, the child is transferred to the guardianship authorities. The maximum period of restriction is 6 months, after which the POiP body files another claim - for deprivation. This is done if the parent does not change his behavior, and leaving the minor with him is not possible (Article 73 of the RF IC).

Expert commentary

Kamensky Yuri

Lawyer

Deprivation of parental rights is a more severe measure. It applies if the restriction did not produce results and the parent has not corrected himself, or if the latter committed an act for which preliminary deprivation is impossible.

To understand the difference, it is recommended to familiarize yourself with the table of differences:

How to draw up a claim correctly

A claim for deprivation of the parental rights of a father or mother is filed in writing. To be accepted for consideration, you must write it correctly. The claim document certainly contains several mandatory clauses.

“Hat”, which indicates:

• name and address of the judicial authority where it is submitted;
• information about the plaintiff (name, surname, patronymic, actual and registered address of residence)
• similar information about the defendant;
• information about the representative from the guardianship and guardianship authorities, indicating the location address;
• information about the prosecutor's office indicating the location address.

The motivational part consists of:

• a description of the violation of the plaintiff’s legal rights and interests;
• references to fact to support the claim;
• evidence available to the plaintiff;
• references to legal regulations that indicate the legality of the requirements.

The operative part must contain:

• formulation of requirements (what exactly the court must satisfy);
• a list of all documents and evidence attached to the claim;
• signature of the applicant and date of filing the claim.

Grounds for restricting parental rights

The basis may be circumstances that pose a threat to the psychological or physical health of the minor if the court considers that leaving the child with the parent is not possible until the reasons are eliminated (Article 73 of the RF IC).

Such circumstances include the following:

• Alcoholism, drug addiction, immoral behavior, improper child care or education, frequent leaving of a minor alone;
• Mental disorders, serious illness of a parent and other difficult life situations.

Expert commentary

Gorbunova Olga

Lawyer

The main criterion here is the absence of grounds for deprivation. If they exist, it is deprivation that is carried out, not restriction. For example, for this it is sufficient to commit a deliberate crime against a child or his mother (father), beating, obstruction of education, malicious evasion of alimony payments, attempt on sexual integrity and other reasons specified in Art. 69 RF IC.

How to limit a parent’s rights to a child: step-by-step instructions

First, the initiator needs to determine whether there are grounds for the restriction. This procedure has three main goals, which can be used both in combination and separately:

• Parental warning. As mentioned earlier, restriction is most often a preventive measure, meaning that if repeated offenses are committed, deprivation will follow. This is done so that the parent can understand the situation and take measures to prevent the child from being removed forever.
• Punishment. If the reason for the restriction is an offense that threatens the life of a minor, the mother or father must take measures to prevent this from happening again when the child is returned.
• Upbringing. Often citizens are deprived of their rights to children due to their poor financial situation, as a result of which they cannot provide them with basic things and food. Time is given to them to correct the situation, so that after the return the child lives in normal conditions.

The procedure itself from the initiator’s side looks like this:

• Documents are being collected. If you have previously contacted the guardianship authorities with a problem, you will need the appropriate certificates. A certificate of living conditions will also be required from the POiP.
• A statement of claim is being drawn up. Subsequently, it is submitted to the court along with other documentation confirming the existence of grounds for the restriction.
• The claim is accepted by the judge for proceedings within 5 days. The parties are notified in writing of the scheduled court hearing.
• On the date specified in the notice, the plaintiff and defendant appear before the judicial authority, and a hearing on the case is held. The parties have the right to request the calling of witnesses and present evidence indicating their case.

As a result, a decision is made to limit rights. Within three days, an extract from it is sent to the registry office for entering the relevant information into the documents.

Where to contact

City or district courts deal with cases of restriction of parents' rights.
The claim should be filed at the defendant's registered address. If he is unknown, at the location of his property. If for some reason the plaintiff cannot send a claim to the judicial authority at the place of registration or location of his real estate, documents are submitted to the court at his registered address, but justification will be required: illness, lack of money to travel to another area.

Important! When filing a claim for the collection of alimony or a penalty for it, simultaneously with the restriction, it is allowed to file a claim at the plaintiff’s place of residence. In such a situation, the choice is given to him.

Documentation

When filing a claim, the following documents are submitted:

• plaintiff's passport;
• receipt of payment of state duty;
• child's birth certificate;
• characteristics of the plaintiff and defendant from their places of residence or work (the specific type of characteristics depends on the situation);
• extract from the house register;
• an act from the POiP on the living conditions of the minor.

Documentary evidence will also be required to support the grounds for deprivation. For example, this could be a medical report about the presence of a mental illness in a parent, a certificate from the police about systematic domestic proceedings and evasion of obligations to raise a child, etc.

State duty

According to Art. 333.19 of the Tax Code of the Russian Federation, plaintiffs in cases of restriction of parental rights are subject to a state duty in the amount of 300 rubles. Subsequently, it is recovered from the defendant. If the requirements reflect the collection of alimony , the plaintiff does not pay the fee - it is collected from the defendant (150 rubles).

How to file a claim

In civil legislation, unified forms of claims are not established, but they must comply with the requirements of Art. 131 Code of Civil Procedure of the Russian Federation. To apply for a restriction, the following information must be included in the application:

• name of the judicial authority;
• Full name, registration addresses of the plaintiff and defendant;
• passport details and telephone number of the plaintiff;
• full name of the territorial unit of the OOiP;
• description of the circumstances: on what basis is it necessary to limit the parent’s rights to the child, what is his fault, in what situation and with whom is the minor at the time of filing the claim;
• Full name, series and number of the child’s birth certificate;
• claims: for restriction of rights, collection of alimony, deprivation of rights to benefits for citizens with children, for preserving the child’s right to use the defendant’s real estate (address indicated);
• determining the procedure for communicating with the child: with the permission of the guardianship authorities, guardians, etc.;
• a list of the attached documentation;
• signature and date of preparation.

When filling, you must use a black or blue pen. Indicating information with felt-tip pens, markers or pencils is not allowed.

Citizens can also fill out claims directly in court, but, as a rule, they are referred to lawyers who provide such services for money, because The duties of court employees do not include assistance in paperwork.

How to serve

Before filing a claim with the court office, you need to obtain two mandatory documents from the guardianship office at the child’s place of residence:

• an act on the inspection of housing and living conditions of the living quarters where the child is located;
• conclusion on the validity of filing a claim to deprive a parent of his rights.

If the claim is filed not by a parent, but by a prosecutor, an employee of a guardianship or a medical educational institution, then they need to document why they took upon themselves the judicial protection of the interests of the child.

Another feature of filing such a claim is that the plaintiff does not need to pay a state fee.

Consequences of the restriction

The main consequence for parents is the loss of the opportunity to communicate with their children if the educational institution or the court does not allow this. Also, citizens with limited rights are deprived of all benefits and benefits paid in the presence of children.

Expert commentary

Shadrin Alexey

Lawyer

The child retains the right of ownership of the residential premises in which he lived before the court decision entered into legal force. He will also be able to receive an inheritance in the event of the death of a parent.

Restoration of rights after restriction

Restoration of parental rights is allowed before the expiration of a six-month period at the request of a parent if the guardianship authorities establish that he has eliminated the reasons that served as the basis for going to court.

Important! If restoration is contrary to the interests of a minor and he is more than 10 years old, the court, when considering the relevant claim, may ask his opinion, if he and his legal representatives do not object to this.

Ultimately, if a positive decision is made, the parent whose rights were limited can again raise their son or daughter, as well as enjoy other rights established by the IC and the Civil Code of the Russian Federation.

Help from a family lawyer

Restriction, deprivation and restoration of parental rights are cases that are distinguished by legal and emotional complexity. It is almost impossible to cope with such a situation on your own. When faced with such problems, it is recommended to seek help from a family law lawyer.

The specialist will review the case materials and propose the optimal algorithm of action to achieve the desired goal in a short time. The lawyer will take over negotiations with guardianship authorities, appointment of examinations, interaction with government agencies, preparation of evidence and related documents.

For advice, please call or write to a lawyer online. Remember, everyone is equal before the law, and only a competent lawyer will be able to use all legitimate leverage to achieve the desired result and solution to the legal problem.