Sample application for deprivation of father's parental rights. Deprivation of parental rights. What is the difference between deprivation of parental rights and restriction
Petition for termination of parental rights. The grounds for depriving the father of parental rights may be in the case of malicious and repeated violation of the rights of the child, abuse of parental rights. The procedure for depriving a mother of parental rights is very complicated and requires the involvement of a lawyer. How to file a lawsuit, what documents are required. Sample statement of claim in the article.
Deprivation of parental rights is one of the most difficult practices in litigation, as the interests of the child are affected. Consider the well-known grounds for depriving parents of their rights, there are nuances in relation to mother and father. Here is a sample claim. Before thinking about this procedure, you need to think very carefully - how necessary is such an extreme measure?
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Deprivation of parental rights
First of all, let's decide what obligations the law gives parents in relation to the child. In this issue, we can highlight:
- upbringing;
- health;
- development - moral, mental, mental, physical, and so on.
If the mother and father do not fulfill their duties, then this is usually followed by this difficult procedure.
How to do this, and what restrictions will follow can be read in the Family Code of the Russian Federation (hereinafter - the RF IC), namely in and. In particular, from these articles it becomes clear that only the court can make such decisions, that is, this procedure is carried out by the court, and only by it.
You can sue:
- one of the parents;
- prosecutor;
- guardian;
- child protection.
Cases are considered with the participation of the prosecutor and guardianship authorities, as well as the deprivation of the father without his consent. An application for this procedure is submitted by any of the listed persons. Based on the results of the meeting, a decision is made.
Consider the reasons for this extreme measure. Why can they be disenfranchised? This can happen for the following reasons:
- If they do not fulfill their duties (he does not pay the required alimony, does not look after the baby, and so on).
- If they do not want to take the baby from the hospital.
- If they maliciously abuse those rights in relation to the child that are given to them by Russian law.
- If they are cruel to their children. (They are beaten, oppressed, and so on).
- If they are recognized as drug addicts or alcoholics.
- If they commit actions that harm the life or health of the child.
- If the parent commits contradictory actions that threaten the life and health of the other parent.
Very serious reasons are needed for the court to make a fateful decision.
Consider the situations when the court turns to the last measure of influence on the negligent parent, and the procedure itself - how to deprive the father of parental rights. In case of malicious and repeated violation of the rights of the child, abuse of rights, the mother can follow this procedure.
The procedure for the father should be started by filing a claim, in addition to general information about the plaintiff, contains the grounds on which the plaintiff requests to perform this procedure. A package of documents is attached to the application.
What documents are needed:
- Notarized copies of the passport, marriage certificates (its dissolution), a copy of the child's birth certificate. If you have lost your birth certificate, find out if you can.
- The act of inspection of living conditions.
- Certificate and description from the place of work of the plaintiff.
- Written evidence of violation of the rights of his child by the father or abuse of him is the basis for deprivation of paternity.
The court considers the submitted application, listens to the parties and makes a decision on the submitted application.
In order to deprive the parental rights of a father whose child is 10 years old, the presence of the latter in court is necessary, where he will be asked certain questions in the presence of a mother or a teacher.
As judicial practice shows, most often the deprivation of the father's rights occurs due to non-payment of alimony.
What goals does a woman usually pursue by deciding on this procedure? A negligent father is deprived of the right to education and communication, to determine where his child will live, etc., and he can no longer live with him and will be obliged to move out of the apartment.
Video instruction "Deprivation of paternity"
Deprivation of the rights of the mother is an extreme measure. They are applied only if other measures of influence have already been used and have not been beneficial.
The court makes such a decision - deprivation of maternal rights - only when the child needs to be protected from communication by the mother.
Not every qualified lawyer will take up such a case as depriving a single mother of her rights in favor of her father. This process is complicated as case law shows. And it doesn’t matter who you are, the defendant in such a case, or the plaintiff, in any case, you need to involve a professional lawyer in it. Consider how to deprive a mother of parental rights.
Reasons:
- if the mother does not take care of the child;
- if the mother does not follow the child (leaves it unattended for a long time);
- if the mother does not want to take him from the hospital or from any other medical institution;
- if a mother uses her child for selfish purposes (blackmail or begging);
- if a mother behaves cruelly towards her child;
- if the mother is recognized as a drug addict
- if the mother drinks (alcoholic)
In the latter case, the mother will first of all be forced to undergo compulsory treatment. Only if it does not help, will a court decision on deprivation of motherhood be issued.
Petition for termination of parental rights
To start a lawsuit, it is important to file a lawsuit in court. To do this, it requires a lot of information. Statement of claim on deprivation of parental rights must contain.
Sample statement of claim for deprivation of parental rights of a parent in relation to a minor child, taking into account recent changes current legislation.
Not everyone can sue for termination of parental rights. The law determines that one of the parents, guardians or trustees, the prosecutor, special bodies advocating for the protection of children's rights (for example, guardianship authorities, the administration of shelters or orphanages, and others) have the right to go to court. Other citizens are not entitled to file such a statement of claim, however, they can apply to the appropriate authority by asking them to go to court.
The grounds for deprivation of parental rights are specified in Article 69 of the Family Code of the Russian Federation, these include:
- evasion of parental duties of parents;
- malicious evasion from payment of alimony;
- refusal to pick up a child from a maternity hospital or a special institution for children;
- abuse of parental rights;
- child abuse;
- the presence of chronic alcoholism or drug addiction;
- committing an intentional crime against the life or health of one's children or against the life or health of one's spouse.
The claim is filed with the court at the place of residence of the defendant. When filing a statement of claim for deprivation of parental rights, the state fee is not paid, since the application is filed in defense of the rights of a minor child.
In cases of deprivation of the rights of the father (or mother), a representative of the guardianship and guardianship authority and the prosecutor must take part. Sometimes the question arises: if the defendant lives in another city, which guardianship authority and prosecutor should be involved in the case? Judicial practice indicates that it is necessary to involve authorities located in the same area as the court. If necessary, the court may request all the necessary evidence from the guardianship authorities located at the place of residence of the plaintiff. If it is necessary to interrogate witnesses or obtain evidence located in another area, you can file a petition with the court for a letter of request.
When considering the case and making a decision, the court is obliged to decide to whom the child will be transferred after deprivation of parental rights. Therefore, in the statement of claim, the plaintiff should justify his position on this issue. The child may be transferred to another parent, guardian or guardianship authorities.
In the final court ruling, the issue of collecting alimony for the maintenance of the child is resolved. The position of the plaintiff on the amount of alimony and the procedure for collecting will also be taken into account by the court.
AT __________________________________
(name of court)
Plaintiff: ______________________________
(full name, address)
Respondent: ____________________________
(full name, address)
Guardianship and guardianship authorities: _________
(full name, address)
Prosecutor: ____________________________
(name of the prosecutor's office, address)
STATEMENT OF CLAIM
about deprivation of parental rights
Respondent _________ (full name) is the father (mother) of the minor _________ (full name of the child (children), place and date of birth). The defendant has been improperly exercising parental rights for a long time. Does not care about his (their) upbringing and development. Does not take care of the health, physical, mental, spiritual and moral development of the child (children). This is expressed in the fact that _________ (specify reasons).
Violation of the rights and interests of the child (children) is expressed in _________ (cruel treatment, abuse of parental rights, chronic alcoholism or drug addiction, the commission of an intentional crime against the life or health of one's children or against the life or health of a spouse, etc.)
Based on the foregoing, guided by Article 69 of the Family Code of the Russian Federation, Articles 131-132 of the Civil Procedure Code of the Russian Federation,
- Deprive the parental rights of _________ (full name of the defendant) in relation to _________ (name of the child (children), place and date of birth).
- Transfer the child (children) _________ (full name of the child (children), place and date of birth) to the upbringing of _________ (full name of the plaintiff).
- Collect from _________ (full name of the respondent) ____ year of birth, native of _________ (city, region) in my favor alimony for the maintenance of _________ (name and date of birth of each child) in the amount of ______ of all types of earnings monthly, starting from the date of application (specify date) until the age of majority of the children.
List of documents attached to the application (copies according to the number of persons participating in the case):
- Copy of the claim
- Birth certificate of the child(ren)
- Other documents confirming claims for deprivation of parental rights
Date of application "___" __________ ____ Signature of the claimant _______
AT ________________
The address: _____________
Claimant: _____________
The address: ______________
Phone: ___________
Respondents: 1 . ______
The address: ______________
____________________
2. __________________
The address: ______________
Third parties:
1. Prosecutor's Office _______
The address: ________________________
2. __________ (body of guardianship and guardianship)
The address: __________
State duty: _________
STATEMENT OF CLAIM
about deprivation of parental rights
In accordance with the decision of the administration of _________ _____ (Appendix No. 4), I ________, am the guardian of my granddaughter ______ _____ year of birth.
The parents of __________ are the Respondents: ______ and _______.
Defendants evade parental responsibilities. Almost from the moment of his birth, namely from ______ year, __________ lives with me in the city of _______. The defendants permanently reside in the city of __________.
Respondent _______ generally saw his child only once in his life, evades his parental duties.
From the moment the child was born, the Defendants did not take any part in his upbringing, did not show interest in his life, did not communicate with her for long period time, and also do not help and do not help in any way in the maintenance of the child, do not allocate funds, do not care about her health and well-being.
I am the only one who takes care of the upbringing of the child, the child is fully supported by me.
In connection with the need to educate the child in school, it became necessary to register guardianship. _______ I was appointed guardian of __________, _____ year of birth.
The child is studying at secondary school No. _____ of the city of _______ from the first grade to the present. The defendants do not care about the physical, mental, spiritual and moral development and upbringing of their daughter. All of the above is expressed in the fact that the Respondents are not interested in the progress of their daughter in school; don't drive to sport sections, circles, do not pay for classes in them; do not conduct any conversations of a general developmental and educational nature with the child; do not see the child for a long time, do not communicate with him by phone or in any other way, are not interested in his hobbies, interests, needs; do not pay financial resources for its maintenance, do not buy clothes, shoes, food, school supplies, etc. This fact is confirmed by the characteristics of ______________ from his class teacher and school principal (Appendix No. 5).
In addition, I would like to draw the court's attention to the fact that between the Respondent ________ and the child lacks psychological contact. My granddaughter has been brought up by me since birth, she does not feel any kindred feelings for her mother, which in this situation can indicate the only conclusion - communication __________ with a child is not in her best interests and may harm the physical or mental health of the child.
The child does not remember the father (______________) at all!
defendant ____________________ does not visit the child for a long time , and when he comes to me, he is delayed no more than a few days. In addition, she repeatedly made scandals in the family in the presence of her granddaughter, and this negatively affected the child's psyche.
During her rare encounters with the child, she ( ___________) repeatedly promisedgranddaughter pick up eis for rest. However, she never delivered on her promises. The last time she promised to take the child on vacation during the winter school holidays. However, she came to me at the moment when the school holidays were already over. The child, once again, was very upset that his hopes again did not come true.
Currently, the child lives with me and my husband in a comfortable house with a total area of _____ square meters by the address: _____________________. This house is owned by my husband _______________. All created the necessary conditions for the normal growth and development of the child, for the rest and activities of the child, two rooms are allocated with the necessary furniture, a computer, desk. The child is provided bedding, clothes. Living conditions correspond to sanitary standards. The house is cozy and clean. The sanitary condition is proper. The house has the necessary furniture, a seating area, TVs, a table, chairs, modern household appliances, kitchen set, wardrobes. There are also stocks of products. Available household plot, sauna, garage, mini-pool. There is a car on personal property. These circumstances are confirmed by the act of examination of living conditions (Appendix No. 6).
My husband and I are engaged in the upbringing, treatment and material maintenance of the child - _____________. We characterize positively. We have created appropriate conditions for the maintenance and upbringing of a minor child _________ (Appendix No. 7).
Every child (from the moment of his birth) has the right to know his parents and the right to be cared for by them. The child has the right to a standard of living necessary for him to ensure proper physical, mental, spiritual, moral and social development; moreover, both parents bear the same and common responsibility for the upbringing and development of their child (Articles 7, 18 and 27 of the New York Convention on the Rights of the Child and Part 2 of Article 38 of the Constitution of the Russian Federation).
The Defendants' refusal to support the child indicates that the Defendants maliciously evade their parental duties (alimony and simply human) by their non-participation in the development and upbringing of the child.
It is obvious that nothing can force the Defendants to really love their child and really care for him if they themselves do not want this and do not have parental feelings for their child. In such a situation, the only way for my grandson to have real judicial protection is only to deprive the Defendants of parental rights.
In accordance with Art. 69 of the Family Code Russian Federation parents (one of them) may be deprived of parental rights if they:
Avoid fulfilling the duties of parents, including in case of malicious evasion from paying 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;
Abusing their parental rights;
Many fathers do not take care of their children:
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- do not participate in their upbringing;
- and do not pay child support.
In order to receive additional benefits, many women file lawsuits to deprive such a father of paternity in relation to the child (children).
What is it
Deprivation of paternity is an analogue of the deprivation of parental rights of the father of the child.
This is done exclusively in court if there are grounds that indicate that the father of the child does not deal with him, and will not improve.
What is regulated
Deprivation of the father of his parental rights to the child (children) is regulated.
The rules for drawing up a statement of claim for deprivation of paternity are regulated.
The amount of the state fee when filing a statement of claim for deprivation of paternity is regulated by the chapter.
Who submits
You can file a petition for termination of paternity:
- the mother of the child;
- a person who actually replaces the child's mother;
- guardianship and guardianship authorities at the request of the mother or the person replacing him;
- prosecutor, at the request of the same persons.
Other relatives, even if they are actually taking care of the child, do not have the right to file a lawsuit to deprive the father of his rights.
They are eligible to apply to:
- prosecutor's office;
- or to the guardianship authorities.
And those, in turn, after a thorough check of all the circumstances, can file a lawsuit.
Video: order
Who else is involved in the process
When considering a case on depriving a father of rights to a child, the following persons should take part in the process:
- the mother of the child or the person who actually replaces him is the plaintiff;
- the father of the child against whom the lawsuit is filed is the defendant;
- the presence of a prosecutor and a representative of the guardianship and guardianship authorities is mandatory - these are third parties in the process.
Foundations
The grounds for depriving the father of the rights to the child (children) are listed in.
- does not take any part in the upbringing of the child (children);
- for non-payment of alimony.
The father of the child must be a malicious defaulter.
Malicious evasion of alimony is the non-payment of alimony for:
- six months;
- and more.
In addition to these grounds, other reasons are given that may become grounds for depriving paternity of a child (children).
- abuse of their parental rights:
1. Forcing a minor child to drink alcoholic beverages;
2. Forcing a minor child to take drugs;
3. Other illegal actions against the child;
- drug addiction or alcoholism in severe and chronic form;
- child abuse is not only physical abuse, but also moral bullying, which can lead to mental disorders and behavioral disorders.
Application for deprivation of parental rights of the father
As already mentioned, the father can be deprived of the rights to the child only in court.
To do this, you need to file a claim.
Structure
To file a claim, it must be written correctly. There are no clear requirements for this document, but some formalities must be observed.
How to write a statement of claim correctly is indicated in.
The claim form must be in writing.
An incorrectly drawn up statement of claim is the basis for refusal to accept it for consideration.
The claim must contain the following information:
- the full name of the court where the application is submitted;
- the details of the plaintiff and the defendant - full name, date of birth and passport details, address of the place of registration and place of residence (if they do not match), as well as contact details - phone number and e-mail address (optional);
- if the plaintiff or defendant has representatives, then exactly the same data must be indicated about them, as well as the details of the power of attorney;
- the price of the claim, if during the meeting on the deprivation of the rights of the father the issue of collecting alimony is also considered;
- “the body of the claim” is a descriptive part in which the plaintiff describes in detail the essence of the claim in “dry” legal language;
- then the plaintiff makes his claims. In this case, deprive the father of the rights to the child (children);
- here you can also submit claims for the recovery of alimony for the child (children);
- list of documents attached to the claim.
In the body of the claim, you must specify:
- date and place of marriage (if any), as well as details of the marriage certificate;
- the date and place of the divorce (if any), as well as the details of the divorce certificate;
- full name and date of birth of children before 18 years;
- details of their birth certificates. If the children have 14 years old, then their passport data;
- date of termination of cohabitation (if the father lived with the mother of the child);
- the grounds on which the court must deprive the defendant of paternity;
- evidence and their arguments in favor of depriving the father of the rights to the child.
You can ask a lawyer how to file a claim.
Jurisdiction
Many mothers don't know:
- where to apply;
- and how to file a lawsuit to revoke father's rights.
Cases on deprivation of parental rights are considered in district courts.
The claim must be filed at the place of residence of the defendant, that is, the father of the child.
But the plaintiff has the right to file a claim at his place of residence if a minor child lives with him.
To do this, you need to submit to the court a certificate from the house book stating that the place of residence of the child with the mother.
Help is provided upon application.
Additional
The following documents must be submitted along with the application:
- a copy of the statement of claim for the plaintiff and for other persons in the case;
- a copy of the claimant's passport;
- a copy of the marriage and divorce certificate;
- a copy of the birth certificates of the child (children) or a copy of the passport;
- documents that confirm the grounds for depriving the father of rights;
- information about the defendant's income;
If the lawsuit is about the recovery of alimony. It is worth remembering that even if the plaintiff has not filed a claim for the recovery of alimony, the court will consider the recovery of alimony in any case.
- certificate from the house book about the place of residence of the child (children);
- document confirming the payment of the state fee.
Documents that confirm the grounds for depriving the father of rights can be:
- certificates from medical institutions where the father is registered as an alcoholic or drug addict;
- certificates from medical institutions where the child is being treated for abuse;
- certificates of debt on alimony;
- testimony of witnesses;
- other documents that will help the court establish the truth in the case.
State duty
When filing a claim, including the deprivation of parental rights of the father of the child (children), it is necessary to pay a state fee.
The rights
A father who is deprived of rights to his child (children) loses all rights to them.
That is:
- he cannot inherit after his child (children);
- does not have the right to demand alimony for his maintenance in case of disability;
- cannot claim property owned by the child;
- cannot receive any social benefits that are provided by the state to those parents who have children;
- not entitled to benefits provided by the state.
For example, Ivanov A.A. - father of many children Accordingly, he has the benefits that are provided large families. By a court decision, he was deprived of parental rights to children. Consequently, he lost all benefits.
Responsibilities
A father deprived of parental rights loses only his rights in relation to the child, but not his duties.
According to , deprivation of paternity does not mean that the father should not support the child.
As already mentioned, when considering a case on depriving a father of the rights to a child (children), the issue of alimony is always considered, even if the plaintiff did not state this in his demands.