Deprivation of parental rights: where to start and how to act

Deprivation of parental rights: where to start?

Question to the editor:"The ex-husband has not paid alimony for years and is not at all interested in the child's life. Can I deprive him of his parental rights for this? What certificates and documents do I need to collect for the court so that my application is not rejected? Is unwillingness to communicate with a child really not enough, and evidence of alcoholism or aggression is needed? Who should be present at the trial, except the parents?"

The Family Code of the Russian Federation is the main document regulating the rights and duties of parents in relation to their children. As a general rule established by Russian law, deprivation of parental rights is an extreme, exceptional measure of family legal responsibility. It is applied by the court only in cases where it is simply impossible to protect the rights and interests of the child in other ways (for example, by restricting parental rights), and leaving the child with a parent poses a direct threat to his physical or psychological health, as well as moral development.

This procedure always takes place exclusively in court with the mandatory participation of guardianship and guardianship authorities, as well as the prosecutor.

An exhaustive list of grounds for deprivation of rights

It is possible to deprive a father or mother of parental rights only if there are strict grounds that are clearly spelled out in article 69 of the Family Code of the Russian Federation. This list is not subject to extended interpretation. Such grounds include:

  1. Avoidance of parental responsibilities. This also includes malicious evasion of alimony payments. At the same time, it is the "malicious" nature that is important: the presence of large debts, concealment of real income, and being wanted through the bailiff Service (FSSP).
  2. Refusal to take your child from a maternity hospital, hospital, educational or other social organization without valid reasons.
  3. Abuse of parental rights (for example, forcing a child to beg, creating obstacles to getting a school education).
  4. Ill-treatment of children (physical or mental violence, an attempt on their sexual integrity).
  5. The presence of a confirmed diagnosis of chronic alcoholism or drug addiction in the parent.
  6. Committing an intentional crime against the life or health of one's children, another parent of the children, a spouse (even if he is not the parent of the child), or against the life or health of another family member.

Who has the right to file a claim

The law strictly restricts the range of individuals and organizations that can initiate such a lawsuit. The plaintiff may be:

  • One