Deprive the child's father of parental rights. Is it possible not to deprive the father of a child of parental rights, but to limit parental rights? What is the difference? How much does it cost to deprive a father of parental rights?

Deprivation of parental rights is carried out in court on the grounds provided for in Art. 69, 70 of the Family Code of the Russian Federation. Cases of deprivation of parental rights are considered upon the application of one of the parents; persons acting in loco parentis, the prosecutor, as well as upon applications from bodies or institutions charged with protecting the rights of minor children. Cases of deprivation of parental rights are considered with the participation of the prosecutor and the guardianship and trusteeship authority.

The law provides for the following cases of deprivation of parental rights:

• evasion of parental responsibilities, including malicious evasion of child support;
• refusal, without good reason, to take your child from a maternity hospital (ward) or from another medical institution, educational institution, social welfare institution or other similar institutions;
• abuse of parental rights;
• cruel treatment of children, including physical or mental violence against them, attacks on their sexual integrity;
• chronic alcoholism or drug addiction;
• committing a deliberate crime against the life or health of one’s children or against the life or health of a spouse.

What is meant by depriving the father of a child of parental rights?

Before we talk about deprivation of parental rights and the deprivation procedure, I would like to tell you what parental rights actually are.

So, in accordance with Art. 47 of the Family Code of the Russian Federation, the rights and obligations of parents and children are based on the origin of the children, certified in the manner prescribed by law. Parental rights are the totality of the rights and responsibilities of parents to their minor children. They have equal rights and bear equal responsibilities in relation to their minor children. Parental rights are terminated when children reach the age of eighteen, as well as when minor children marry and in other cases established by law when children acquire full legal capacity before they reach adulthood. Parents have the right and responsibility to raise their children. They are responsible for the upbringing and development of their children, and are obliged to take care of the health, physical, mental, spiritual and moral development of their children. Parents have a priority right to raise their children over all other persons. The responsibilities of parents include ensuring that their children receive basic general education. Parents, taking into account the opinions of their children, have the right to choose an educational institution and the form of education for their children until their children receive basic general education.

The protection of the rights and interests of children rests with their parents. Parents are the legal representatives of their children and act in defense of their rights and interests in relations with any individuals and legal entities, including in the courts, without special powers.

Ensuring the interests of children should be the main concern of their parents. When exercising parental rights, parents do not have the right to cause harm to the physical and mental health of children or their moral development. Methods of raising children must exclude neglectful, cruel, rude, degrading treatment, insult or exploitation of children.

All issues related to the upbringing and education of children are resolved by parents by mutual consent based on the interests of the children and taking into account the opinions of the children. Parents (one of them), if there are disagreements between them, have the right to apply for resolution of these disagreements to the guardianship and trusteeship authority or to the court.

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

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

Parents have the right to enter into a written agreement on the procedure for the exercise of parental rights by a parent living separately from the child.

A parent living separately from the child has the right to receive information about his child from educational institutions, medical institutions, social welfare institutions and other similar institutions. 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.

Parents have the right to demand the return of the child from any person who holds him or her not on the basis of the law or on the basis of a court decision. In the event of a dispute, parents have the right to go to court to protect their rights.

Parents deprived of parental rights lose all rights based on the fact of relationship with the child in respect of whom they were deprived of parental rights.

What documents are needed?

The statement of claim is submitted in writing to the district court at the defendant’s place of residence. The application shall indicate the following information:

1. name of the court to which the application is filed;
2. the name of the plaintiff, his place of residence, as well as the name of the representative and his address, if the application is submitted by a representative;
3. name of the defendant, his place of residence;
4. what is the violation of the rights and or legitimate interests of the plaintiff and his demands;
5. the circumstances on which the plaintiff bases his claims and evidence supporting these circumstances;
6. list of documents attached to the application.

If the prosecutor appeals to protect the legitimate interests of a citizen, the application must contain a justification for the impossibility of bringing a claim by the citizen himself.

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. A copy of the power of attorney is attached to the statement of claim. In addition, copies of it are attached to the statement of claim in accordance with the number of defendants and third parties; a document confirming payment of the state duty (100 rubles - as a non-property statement); documents confirming the circumstances on which the plaintiff bases his claims, copies of these documents for defendants and third parties.

The package of documents in each case is individual and should be prepared by a lawyer, but the general recommendations are as follows: duly certified copies of the marriage or divorce certificate and the child’s birth certificate must be attached to the statement of claim. You can submit to the court both notarized copies and photocopies along with the originals - in this case, the court will certify the copies itself. It is also necessary to provide a certificate from the child’s place of residence. You cannot do without written evidence - you will need certificates from the bailiff confirming evasion of alimony payments; documents confirming the defendant’s antisocial behavior (any information about police calls, certificates from the emergency room, sick leave certificates), information about the defendant’s condition on the relevant records (for example, drug treatment), other evidence that he is evading parental rights and responsibilities. It also makes sense to submit a petition to the court with a request to request enforcement proceedings from the bailiff service. If the defendant was prosecuted for malicious evasion of alimony payments, attach a copy of the verdict.

What can confirm abuse of parental rights?

Cases of abuse of parental rights include cases when one of the parents prevents the other from exercising their parental rights, especially in cases where this order has already been determined by the court. When the second parent prevents the child from visiting foreign countries where the consent of the second parent is required (most Schengen countries). In addition, despite the fact that leaving Russia is possible without the consent of the other parent, provided that one of the parents is accompanying, there are often cases when a child travels as part of a national team or a tourist group, without being accompanied by the mother. In this case, even to leave the Russian Federation, the consent of both parents is required. Refusal to give such consent may also be considered an abuse of parental rights. However, this ground alone for depriving parental rights is, unfortunately, not enough.

Is it possible to deprive parental rights of a person who is simply absent from the child’s life? If so, what time of absence of a parent is sufficient reason? What can be evidence of the father’s non-participation in the child’s life?

If the defendant, without good reason, does not participate in the child’s life for more than six months and does not pay child support, as documented, it is quite possible to raise the issue of deprivation of parental rights. The testimony of witnesses, and, above all, the conclusion of the guardianship and trusteeship authority, and materials of enforcement proceedings will be important. However, I think that before filing such a claim, it is still necessary to resolve the issue of preserving or dissolving the marriage, as well as to search for the debtor in the prescribed manner - it is quite possible that the bailiff, having established his place of residence, will oblige him to pay alimony, and the grounds for deprivation of parental rights will no longer exist.

Are there any cases in which the father of a child cannot be deprived of parental rights?

When making a decision, the court evaluates the evidence, determines which circumstances relevant to the consideration of the case have been established and which circumstances have not been established, what the legal relations of the parties are, what law should be applied in this case and whether the claim is subject to satisfaction. The reasons for the court decision must indicate the circumstances of the case established by the court; evidence on which the court's conclusions about these circumstances are based; reasons why the court rejects certain evidence; laws that guided the court.

Persons who do not fulfill their parental responsibilities due to a combination of difficult circumstances and other reasons beyond their control (for example, a mental disorder or other chronic disease, with the exception of persons suffering from chronic alcoholism or drug addiction) cannot be deprived of parental rights. The presence of a documented disability (registration of disability) in no way relieves the person from the obligation to pay alimony: in this case, alimony is paid from the debtor’s pension.

Is it possible not to deprive the father of a child of parental rights, but to limit parental rights? What is the difference?

These issues are regulated by Art. 73, 74 of the Family Code of the Russian Federation. The court may, taking into account the interests of the child, decide to take the child away from the parents (one of them) without depriving them of parental rights (limiting parental rights). Restriction of parental rights is permitted if leaving a child with his parents (one of them) is dangerous for the child due to circumstances beyond the control of the parents (one of them) (mental disorder or other chronic illness, a combination of difficult circumstances, etc.). Restriction of parental rights is also allowed in cases where leaving a child with the parents (one of them) due to their behavior is dangerous for the child, but sufficient grounds for depriving the parents (one of them) of parental rights have not been established. If the parents (one of them) do not change their behavior, the guardianship and trusteeship authority, six months after the court makes a decision to limit parental rights, is obliged to file a claim for deprivation of parental rights. In the interests of the child, the guardianship and trusteeship authority has the right to file a claim to deprive the parents (one of them) of parental rights before the expiration of this period.

Parents whose parental rights are limited by the court lose the right to personal education of the child, as well as the right to benefits and state benefits established for citizens with children. However, restriction of parental rights does not relieve parents from the obligation to support the child. A child in respect of whom the parents (one of them) have limited parental rights retains the right of ownership of residential premises or the right to use residential premises, and also retains property rights based on the fact of kinship with parents and other relatives, including the right to receive inheritance. If the parental rights of both parents are limited, the child is transferred to the care of the guardianship and trusteeship authority.

Parents whose parental rights are limited by the court may be allowed contact with the child as long as it does not have a harmful effect on the child. Contact between parents and a child is permitted with the consent of the guardianship and trusteeship authority or with the consent of the guardian (trustee), the child's adoptive parents or the administration of the institution in which the child is located.

If the grounds on which the parents (one of them) were limited in parental rights no longer exist, the court, at the request of the parents (one of them), may make a decision to return the child to the parents (one of them) and to cancel the restrictions. The court, taking into account the child’s opinion, has the right to refuse to satisfy the claim if the return of the child to the parents (one of them) is contrary to his interests.

Is there any liability for violating a court decision by a person deprived of parental rights?

In accordance with Art. 79 of the Family Code of the Russian Federation, the execution of court decisions in cases related to the upbringing of children is carried out by a bailiff in the manner established by civil procedural legislation. Court decisions that have entered into legal force are binding on all state authorities, local authorities, public associations, officials, citizens, organizations without exception and are subject to strict execution throughout the entire territory of the Russian Federation.

If a parent (another person in whose care the child is) prevents the execution of a court decision, measures provided for by civil procedural legislation are applied to him. Failure to comply with a court order, as well as other manifestations of contempt of court, entails liability provided for by federal law (Article 13, Parts 2, 3 of the Code of Civil Procedure of the Russian Federation). And obstruction of the lawful activities of a bailiff while on duty entails the imposition of an administrative fine (Article 17.8 of the Code of Administrative Offenses of the Russian Federation).

How does deprivation of parental rights relate to the payment of child support?

Parents deprived of parental rights lose all rights based on the fact of kinship with the child in respect of whom they were deprived of parental rights, including the right to receive maintenance from him, as well as the right to benefits and state benefits established for citizens with children. However, deprivation of parental rights does not relieve parents from the obligation to support their child.

A child in respect of whom the parents (one of them) are deprived of parental rights retains the right of ownership of residential premises or the right to use residential premises, and also retains property rights based on the fact of kinship with parents and other relatives, including the right to inheritance .

Is it possible to restore parental rights?

In accordance with Art. 72 of the Family Code of the Russian Federation, parents or one of them can be restored to parental rights in cases where they have changed their behavior, lifestyle and (or) attitude towards raising a child. Restoration of parental rights is carried out in court at the request of a parent deprived of parental rights. Cases on restoration of parental rights are considered with the participation of the guardianship and trusteeship authority, as well as the prosecutor. Simultaneously with the application of the parents (one of them) for restoration of parental rights, a request for the return of the child to the parents (one of them) may be considered. The court has the right, taking into account the child’s opinion, to refuse to satisfy the claim of the parents (one of them) for restoration of parental rights if 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 has not been cancelled.

If parental status is not used to raise a full-fledged member of society, but to the detriment of the child, the authorities dealing with issues of guardianship and trusteeship make a decision to remove it. The grounds for deprivation of parental rights are described in the Family Code of the Russian Federation (Article 69). If there is more than one child in the family, the decision to remove parental authority is made for each minor individually. It is impossible to make a decision on deprivation of parental rights for all children at once - a separate case is opened for each of them.

Article 69 of the Family Code of Russia contains an exhaustive list of grounds on which the court can make an appropriate decision regarding the mother or father of the child. Among these reasons:

1. failure to fulfill parental responsibilities,
2. reluctance to take your child from medical or social institutions (inpatient department, kindergarten, boarding school), abuse of parental rights,
3. child abuse, chronic alcoholism or drug use,
4. intentional crime against the family.

Among such crimes: involvement of a child or teenager in immoral acts, drug addiction or alcoholism. As a rule, a complaint is submitted to the organization dealing with guardianship and trusteeship issues from neighbors, employees of preschool, school or medical institutions. All circumstances stated in it are carefully checked. And, if the measures provided for such cases do not produce results, the listed entities receive the right to go to court with an appropriate claim.

Measures aimed at correcting parental behavior can be information support and assistance from social care authorities, preventive conversations and repeated warnings about what can lead to deprivation of parental rights, or to establish a limit on the parent’s influence on the child. Employees of relevant organizations take note of such families and conduct regular raids to check the conditions in which he lives. If the situation gradually normalizes, then supervision gradually decreases, but in case of relapses, social guardianship authorities can petition against the father, mother, or both at once. The basis for deprivation of parental rights may be a committed and absolutely proven crime against the second spouse and/or child. In the latter case, social workers can take him away without waiting for a court decision to revoke parental status, given that the baby’s health or life is in danger.

Failure to fulfill parental responsibilities

Any child has the right to timely receipt of food, seasonal clothing, medical care, as well as attendance at preschool and school institutions. Regular neglect of basic actions aimed at meeting the basic needs of a child can be considered malicious evasion of parental responsibilities. This serves as the basis for close attention of the guardianship and trusteeship authorities and, if the situation cannot be changed through monitoring, checks and warnings, for filing a claim.

A mother can be deprived of parental rights for regularly repeating situations that lead to a distortion of moral principles.

The child begins to humiliate those who are weaker and younger, be rude to elders, commit petty thefts, and drink alcoholic beverages. Evasion of payment of alimony also serves as a reason for deprivation of the parental status of the father or mother. Its signs: regular violation of payment deadlines, underestimated amounts, creation of moments that impede the free receipt of money. If alimony payments are not received for reasons beyond the payer’s control (serious health disorder, disability), then the grounds for depriving the child’s father or mother of parental rights are not confirmed. Obvious reluctance or categorical refusal to take the child from a social or medical institution.

Such institutions mean maternity wards, orphanages, boarding schools, and so on. If the parents’ decision to leave their child in one of these institutions is voluntary and is confirmed by a corresponding statement, they are deprived of parental rights in the manner prescribed by law. If this measure is forced and temporary, for example, a mother or father leaves a child due to disability, sudden deterioration in health, lack of housing, but plans to take him away as soon as circumstances change, there are no grounds for making an appropriate decision. Repeated abuse of parental rights. This is the most difficult item on the list of grounds to prove, because the line between manifestations of parental power and abuse of it is too thin. The clauses of Art. are more often used. 73 of the Family Code - rights are only limited. The basis for deprivation of parental rights may be permanent Forcing a child to take actions of an immoral nature that corrupt the personality.

These include prostitution, begging, etc. How a mother can be deprived of parental rights in this case - an employee from an organization for guardianship and trusteeship issues can tell you.

Child abuse

It does not matter whether physical or psychological violence is committed in the family. Parents are deprived of their rights if the child is constantly inflicted with bodily harm, regardless of the severity, sexual violence, threats, suppression of will and signs of intimidation or others that threaten the physical health of the child or his psychological state.

The most common reason why a mother or father can be deprived of parental rights is the regular use of strong drinks or drugs. True, this most often concerns fathers, but women in the family sometimes do not lag behind men. But, in order to make such a decision in court, chronic alcoholism must be confirmed by a report from an appropriate medical institution. Moreover, a candidate for deprivation of parental rights must be repeatedly sent for compulsory treatment, and only if it is found to be ineffective, a claim is filed. Household drunkenness, even regular, is not a basis for such a step.

Intentional crime against husband/wife and/or child

The most serious punishment for parents for mistreating their child or failing to fulfill their parental responsibilities is deprivation of their rights in relation to the child/children. This is an extreme measure and the list of reasons for this is closed. Why can a parent be deprived of a child? Is it possible to restore my parental rights, what is needed for this? What are the grounds for depriving the rights of a father or mother? Let's try to figure it out:

Grounds for depriving a father of parental rights

The Family Code represents equal rights in relation to a child, both for mother and father - clause 1 of Art. 61 IC RF. And he also demands equal. For failure to fulfill parental responsibilities or abuse of their rights, the state can punish a parent, and the most serious punishment is severing ties with the child - deprivation of parental rights.

Why can a father be deprived of:

• for failure to pay alimony without a valid reason;
• for unwillingness to fulfill their parental responsibilities: unwillingness to communicate, see each other, educate, etc.;
• for alcoholism or drug addiction;
• for violence, including sexual violence against their children/child;
• for violence against his wife;
• for bullying, including psychological abuse of children;
• for being forced to engage in an asocial lifestyle;
• for committing a crime against children or their mother (his wife).

The grounds are very serious, and therefore lead to deprivation of rights.

Grounds for deprivation of parental rights of a mother

The Family Code does not highlight any special reasons for depriving a mother of her rights in relation to a child. This confirms the legislator’s position that parents have equal rights and bear equal responsibilities to the child. That is, for what the father is removed from the child, so is the mother, namely - Art. 69 RF IC:

• evades the exercise of his rights: does not want to spend his time with the child, leaves the child in the care of grandparents (at best) or, in general, strangers without a good reason, does not visit the children's clinic, does not take the child to school when, due to his age, he cannot do it himself, etc.;
• does not take her child from the maternity hospital, children's camp hospital, kindergarten (without a good reason), etc., in other words, she abandoned the child;
• beats his child, forces him to engage in begging, prostitution, and other illegal acts, commits acts of violence against his child, both sexual and psychological;
• is a drug addict or alcoholic;
• found guilty of committing a serious crime against her children (one child) or spouse. Here it is necessary to clarify: the crime does not have to be committed in relation to the child who is going to be taken away: a woman can maim or kill her other child, but she will be deprived of parental rights in relation to everyone.

Deprivation of a mother's parental rights is always stressful, and, first of all, for children. It is known that a child’s love for his mother is unconditional, and they always justify their mother’s actions, no matter how cruel they are. The court takes this fact into account, therefore it is possible to deprive the mother of parental rights only if there are really very significant circumstances.

Procedure for deprivation of parental rights

Deprivation of rights is possible only in court. The plaintiff can be either the second parent, or a guardian, or a prosecutor, or a representative of a guardianship authority, or a representative of an orphanage or other similar institution.

If a claim is filed by a prosecutor, then the claim itself must contain a justification.

The defendant or defendants in such cases are always the parents. The guardianship and trusteeship body gives its opinion in court on the advisability of using an extreme measure; if the court does not agree with the opinion of the “guardianship”, then the decision must necessarily motivate this.

After accepting the statement of claim for consideration, the court informs the second parent, if he lives separately, of his right to file a claim to transfer the child to him. This protects the rights of the second parent.

The absence of a prosecutor or representative of the guardianship authority is not an obstacle to the consideration of the case.

If the court decides to deprive parental rights, it also determines where the child will live after the decision enters into legal force.

If a parent is deprived of their rights, then their responsibilities remain, therefore, in one lawsuit, the issue of collecting alimony from the parent for the maintenance of the child is resolved - clause 2 of Art. 71 IC RF.

If a parent’s rights are deprived, the court sends a copy of the decision to the registry office within three days.

Required documents

The court approaches each case of deprivation of rights individually, so the package of documents may be different each time; we will indicate only POSSIBLE documents that the court may request:

• Claim for deprivation of parental rights.
• Documents confirming the identity of the plaintiff, defendant, child: passports, birth certificate.
• Certificate of divorce, marriage, paternity.
• Extracts from the house register.
• Statements from the personal account (where alimony should go).
• Certificate of criminal record.
• Medical documents: certificates from drug dispensary, psychodispensary
• Certificate of the amount of alimony debt.
• Court decision to collect alimony.

In general, you will have to provide all the documents that prove your words in the statement of claim. The period for consideration of a claim is general.

Restoration of parental rights

Deprivation of parental rights is an indefinite act, but not indisputable, which means that a negligent parent, if he suddenly changes his lifestyle, behavior, attitude, etc., can claim to restore legal ties with his child.

Art. 72 of the RF IC does not specify the period after which a person deprived of his rights can file a claim (namely, the court is empowered to both deprive rights and return them) to restore his parental rights, but it is assumed that no earlier than 6 months, since personal restoration or changing a person is a long process and a mother or father cannot become ideal overnight if they were previously deprived of parental rights: they must undergo a course of treatment from a narcologist, if they were deprived of a child due to addiction to alcohol/drugs, a course of psychological assistance, get a job to work, etc..

Before going to court, a parent deprived of his rights must obtain a conclusion from the guardianship and trusteeship authority that he has reformed and his home is prepared for the normal life of the child. In addition to giving a written opinion, the representative of the guardianship and trusteeship authority will confirm his words in court.

Clause 2 Art. 72 of the RF IC indicates that in addition to the mandatory presence of a guardianship representative, a prosecutor must participate in the process, which is due to the particular importance of the situation where increased control over the legality of the decision is necessary.

Nuances:

• Restoration of parental rights can be carried out until the child reaches adulthood, and if the child is an adult, that is, has reached the age of 10, then the court will definitely ask his opinion: does he want mom or dad to be able to communicate with him again.
• It is impossible to restore parental rights in relation to an already adopted child - clause 4 of Art. 72 IC RF.

Along with a claim for restoration of deprived rights, a parent can file a claim for the return of the child to him, but if the first claim is satisfied by the court, this does not mean at all that the second will be satisfied. If the guardianship authority does not give a positive opinion regarding the living conditions of the parent applying to live together with the child, then the child will not be given to him, he will remain to live, either in an orphanage (another similar institution), or with a guardian, or with the second parent, but the person whose rights have been restored will be allowed to participate in the life of his child: meet, communicate, etc.

After the parent’s rights are restored, the court sends a copy of its decision to the registry office and the parent can complete the administrative part of the restoration of parental rights.

An example from judicial practice: children are hostages of adults.

Very often, divorced spouses make their children hostages of their grievances towards each other. The mother or her relatives are making attempts to deprive the former spouse of parental rights in relation to their common children, but desire alone is not enough for the court.

An application was submitted to the Krasnoarmeysky District Court from the plaintiff O. to the father of her niece V.. In the claim, the applicant indicated that after a divorce from her sister E. 5 years ago, both parents abandoned their daughter, leaving her to be raised by her own aunt. For several years, neither of them was interested in their daughter's life. Her sister E. had already been deprived of parental rights and the plaintiff demanded that her father also be deprived of her rights, in order to subsequently obtain guardianship over her niece, since she did not have her own children. The plaintiff in the statement referred to the fact of non-payment of alimony for her daughter V. and complete non-participation in her life.

Defendant V. presented to the court receipts of bank transfers, where the basis of the payment indicated that the transfers were payment of alimony. The amounts of transfers were insignificant, but equal to the official earnings of the defendant. In addition, the defendant petitioned to call witnesses - mutual acquaintances and friends, who confirmed in court that every summer V. came to his parents, who lived in the same locality as his daughter, and took her to his place, and the plaintiff did not object. The witnesses did not confirm O.'s accusations that V. did not participate in his daughter's life. The court took into account the testimony of witnesses, as well as the fact of good faith payment of child support obligations, and rejected O.’s claim for deprivation of parental rights.

The procedure for depriving a father of parental rights is an unpleasant matter, but in some cases the mother simply has no other choice. In this situation, you need to use common sense and try to abstract yourself from resentment towards your ex or current husband; We must not forget about the evidence base. It must be strong, with expert opinions and testimony.

Reasons for deprivation of paternity may be cases strictly specified in the Insurance Code. If the claim is not satisfied, there is always the possibility of filing an appeal. Let's talk in more detail about how to deprive a father of parental rights.

Grounds for initiating a case

One word from a wife against her husband is clearly not enough for a trial. If a woman is not confident in her legal knowledge, then it is better to turn to a specialist who will do all the difficult work for her. Deprivation of paternity usually requires a lot of time, effort and nerves; court hearings can drag on for several months.

According to the provisions of the UK, parental responsibilities are based on four provisions:

• support children;
• educate them;
• protect their interests;
• defend their rights.

If these obligations are not fulfilled, when their fulfillment is in bad faith and goes against the interests of the child, the matter may end in failure. The IC mentions six reasons that may serve as a reason for applying a harsh measure - deprivation of parental rights:

Any of the above situations can become a basis for depriving the father of his rights. The reasons cannot be circumstances that are not included in this list. The list is strictly limited; it does not allow for other non-standard situations. If none of the violations were committed, the father will remain with his rights.

Required documents

The package of necessary documents includes:

Income certificates are required so that the mother can confirm her ability to support the child. A paternity document is needed in cases where a woman files a claim against her common-law husband. Written evidence includes any documents that confirm the grounds for depriving the ex-husband of parental rights.

These include, for example, certificates from medical or educational institutions. You can ask the staff to confirm the fact that dad never attended parent-teacher meetings, took the child to the doctor, or picked him up from kindergarten or school. You can add to this list any documents and their copies that will affect the course of the case.

The procedure for depriving a father of parental rights in court

Deprivation of a father's parental rights should begin with an official statement. In order to set the case in motion, it is necessary to present irrefutable evidence of his guilt and the impossibility of changing for the better, of improving. It is worth starting to collect the evidence base in advance. A sample application can be found below.

It is worth noting that deprivation of parental rights does not relieve responsibility for the maintenance of your child. The father will still have to contribute to the costs of the child, which fall into the additional category: education and treatment.

In court, all evidence will be considered, witnesses will be interviewed and both sides will be heard, after which the court will make a decision to approve or reject the claim.

Legal consequences for a father who has lost his parental rights

When paternity is deprived, the parent immediately loses the opportunity to take part in the life of the child, as well as all privileges based on the fact of kinship. This list includes the following rights to:

In addition, after a court decision, the father loses the opportunity to prohibit the child from traveling abroad or for treatment. He also does not have the right to demand alimony for his maintenance after the child becomes an adult. An unscrupulous parent cannot claim the inheritance of his children; the only exceptions can be those cases when the court has restored his parental rights. Of course, no one has the right to prohibit an adult from including his negligent father in his will voluntarily, even if he has interrupted contacts with him.

Simplified procedure

There are situations when paternity can be deprived quickly, in a short time. This is possible when the father expresses a desire to abandon his child and himself demands the deprivation of parental rights. Such precedents usually occur when a man was initially against the birth of a child, or if he belongs to a disadvantaged social class.

In this case, it seems possible to go through a simplified procedure. The father needs to visit the OPP and record his voluntary refusal. Some people prefer to avoid such meetings because they are afraid of personal issues. In this case, you can go to a notary and have him certify your voluntary abandonment of the child. A sample waiver is provided below:

The document is not a magical certificate that will exempt the parent from attending a court hearing, but there is a loophole. It is enough for the father to pay his lawyer, who will represent his interests, and stay at home. The simplified procedure frees the mother from collecting numerous certificates, documents and evidence. All she has to do is show up in court. After reviewing all submitted documents, the issue is usually resolved as quickly as possible.

Who else can demand deprivation of paternity?

According to statistics, the highest percentage of situations is when mothers try to deprive fathers of their rights. In this case, the child can even live with the father himself. Children who have reached the age of 14 are able to initiate the process themselves. This is usually done with the informal support of the mother. For example, a mother and child want to go abroad to give the latter the opportunity for a good education. The father does not give his consent and in every possible way prevents the trip, thereby acting against the interests of the teenager himself. In addition, the initiator may be:

• guardians;
• adoptive parents;
• prosecutor;
• juvenile affairs inspector.

Is it possible to get paternity rights back?

The return of paternal rights occurs according to the same scheme as the reverse process, that is, through the court. A man who has been deprived of his rights must draw up and submit a corresponding application. In this case, the plaintiff must confirm that all mistakes were taken into account and he corrected himself. If the restoration of the father's parental rights goes against the interests of the child, the court will not satisfy the statement of claim, a sample of which can be found below:

Children over 10 years old must be asked their opinion regarding the return of their parent. The court decision will also depend on the child’s answer; in the case of a categorically negative answer, the father’s rights will not be restored. Accordingly, in addition to the evidence base, the parent should prepare a sincere speech that can convince the child himself of his desire to improve.

Limitation of father's parental rights

Limitation of the father's parental rights is a milder measure compared to absolute deprivation. The basis will be the father’s antisocial behavior, cruelty towards the child, which humiliates his dignity.

Also, the reason may be non-standard methods of education that go against the law and cause harm to the health of the child, be it physical, moral or moral bullying and humiliation. In order to protect her baby, the mother is given two options:

• enter into an agreement with your spouse;
• go to court.

The essence of the requirement will be to establish a specific schedule for visits and communication with the child. The schedule indicates the days and duration of visits, the location of meetings, and the duration of the agreement. Before going to court, it is necessary to visit the PLO and enlist their support by providing evidence of the father’s inappropriate behavior.

It is better to present the maximum number of witnesses for your part to strengthen the evidence base. Typically, the practice of limiting a parent's rights is used in cases of divorce.

The essence. He gets on your nerves, and as soon as you gathered your courage and filed a lawsuit to determine the child’s place of residence, he began to threaten with deprivation of parental rights?

Explanation. Deprivation of parental rights is a complex procedure and is used as an extreme measure of influence on a parent who does not show any interest in the child, does not care about the upbringing, education, health of the child, and harms his emotional, psychological and physical development. The legislation provides an exceptional list of circumstances for deprivation of parental rights. For example, the mother (father) is a chronic alcoholic or drug addict, abuses the child, forces him to wander, or even does not take him out of the maternity hospital without a good reason.

Advice. A loving and caring mother will not be deprived of her parental rights, so you can rest assured.

Myth 2. The mother of a child cannot be deprived of parental rights

The essence. Do you brush off threats that mothers are not deprived of parental rights at all?

Explanation. Deprivation of a mother's parental rights is extremely rare, but it does happen. For example, a mother abuses alcohol, leads an immoral lifestyle, uses physical violence, or even committed a crime against her child. In general, Ukrainian practice supports the concept of raising a child in a family with a mother. A child can be taken away from his mother and deprived of parental rights only in exceptional cases.

Advice. Breathe deeply and remember: this only happens in exceptional cases. This does not concern a mother who cares about the material well-being and harmonious development of her child.

Myth 3. Can I be deprived of parental rights due to lack of personal income?

The essence. Your husband says that as long as you have no income, you cannot be entrusted with a child?

Explanation. Lack of income is not grounds for deprivation of parental rights. A woman may be on maternity leave, receiving alimony from her ex-husband for the child, and in some cases for herself, or simply not work, taking care of housework and raising a child.

Advice. You are doing the much more important job of being a “mom.” You can remind him of his obligations as a father.

Myth 4. The ex-husband is not interested in the child and does not pay child support. I will file a lawsuit to deprive him of his parental rights

The essence. Your father limited himself to biological participation, and you decided to deprive him of parental rights? There is a high probability of wasting energy.

Explanation. If he does not communicate with the child and does not pay child support, but does this simply by ignoring his parental responsibilities, then the attempt to deprive the father of parental rights will not be successful. To deprive parental rights, more compelling reasons are needed, indicating that he deliberately avoids communication with the child, constantly rejects the desire of the mother and child to spend time together, avoids paying child support with sufficient financial resources, and harms the psychological and physical development of the child.

Advice. Bring him to justice for failure to pay child support. There must be at least some benefit from such a father!

Myth 5. The whereabouts of the father are unknown. I am depriving him of parental rights in order to travel abroad with the child without permission.

The essence. I will decide on my own where and when my baby and I will go!
Explanation. The absence of a father and information about his whereabouts is not grounds for deprivation of parental rights. One of the options for the unhindered travel of a mother and child abroad may indeed be a court decision to deprive the father of parental rights. However, obtaining such a solution is extremely difficult. It is necessary to prove the grounds for deprivation of parental rights, obtain a conclusion from the guardianship authorities on the need to deprive the father of parental rights, and go through a lengthy judicial procedure. In the case of a child traveling abroad, such actions are not justified.

Advice. In order not to wait for the child to turn sixteen, consider alternative options: a court decision to allow the child to travel abroad without the consent of the father or a decision to recognize the father as missing.

Anything can happen, so take care of your children and family warmth. And let love and mutual understanding fill life with bright colors!

Irina Moroz, lawyer, partner at AGA Partners
Olga Kuchmienko, junior lawyer at AGA Partners

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