Terminating and restricting a parent’s rights are different enforcement measures with significantly different legal consequences. But both court orders can be entered only when it is proved that it is too dangerous to leave children with their parents, incl. if there are some force majeure circumstances, for example:
● brief psychotic disorder,
● chronic disease exacerbation,
● set of adverse circumstances in the family,
● other unfavorable circumstances the family members are not able to cope with now.WHO CAN DEMAND RESTRICTION (TERMINATION) OF PARENTAL RIGHTS?
In most cases, Child Protective Services (called “органы опеки и попечительства / Custodianship and Guardianship Authorities
“ in Russia) petition a judge for terminating a parent’s rights. These state authorities are responsible for monitoring the situation in dysfunctional families. For example, Custodianship Authorities are obliged to file a claim when parents refuse to take their newborn baby home from a birth center without a good reason. Neglectful parents are usually given time to “make it right”, and the Custodianship Authorities must become involved to control the defendant’s behavior after the court ruling.
There is a strict procedure for terminating someone’s parental rights, and all judges are guided by it. The court may take place at the official (or factual) residential address of the plaintiff or the defendant, at the applicant’s request. The applicant may be:
☑ parent or any other the minor child’s legal guardian,
☑ Juveniles and their Rights Commission (Комиссия по делам несовершеннолетних и защите их прав
☑ any organizations that protect juveniles’ rights,
☑ Custodianship Authorities,
☑ Prosecution officer.
For restricting a parent’s rights, the same strict order is established. Courts handle such claims, a public prosecutor and a representative of the state guardianship body involved. The Code of Civil Procedure of the Russian Federation (Article 28) prescribes that restriction of parents’ rights cases can be conducted only at the accused’s official residential place.TERMINATING A PARENT’S RIGHTS
This is a complete ban on being involved with one own children’ life. Individuals, having lost their parental rights, legally terminate their relationship with their children and their future descendants.
A petition to terminate someone’s parental rights must be duly drawn up. Some inaccuracy made, which inexperienced people may not see but which can be detected by a skilled lawyer, the case may be thrown out. Should you be interested to make the court rule in favor of you as soon as possible, a lawyer will prepare the document right, much less likely to lose the case.
Terminating a parent’s rights in 2022 follows the same algorithms as before. A prerequisite for handling the case in court is the presence of an employee of the Custodianship Authorities and the public prosecutor. The case handled, a notice comes from the court to the local registry office (ZAGS / ЗАГС
) where the birth certificate was issued to register the relevant act.
Much less often than fathers, but still mothers may forfeit their parental rights too. They may also lose the opportunity to bring up and raise their child. After such a court decision is made, the biological mother will no longer be allowed to live with her child, take care of them, and participate in their life; she forfeits all the rights that close kinship with her children gives.FOR WHAT OFFENSES MAY I BE DEPRIVED OF MY PARENTAL RIGHTS?
Neglectful parents may be deprived of their rights when they disclaim their responsibilities (Article 69 of the Family Code of the Russian Federation). More often, fathers lose their parental rights for failure to pay child support. It also happens to women, but is much less common.
It is often the case that the father that has abandoned the family or remains in it only nominally is not involved with his child. In relation to such “childcarers”, termination of parental rights for non-participation is commonly used. Mothers are often not aware that fathers, having lost their parenting rights, still have all the responsibilities, in particular, to pay child support on time, etc., so women tend not to try to deal with this situation.
Additional motives for such an unpleasant decision: if a man has been deprived of his paternal rights, then he loses the right to be provided with financial support from the child when he or she reaches the age of majority. Also, the father will no longer have the right to ban the departure of his minor child abroad, incl. for health recovery.RESTRICTION OF PARENTAL RIGHTS
According to Russian law and Constitution, children may be taken away from the family against their parents’ (or legal guardians’) will only after a court order is issued. If you are interested in this, we will prepare a flawless petition to restrict a parent’s rights. We will tell you what documents must be attached to it to prove that the accused does not fulfill their duties.
Restriction does not imply the total termination of rights, and these are palliative measures, i. e. a reversible situation. If you're not well-versed in this issue, we are happy to make you figure it.
Restriction of a parent’s rights is a whole range of preventive measures applied by Guardianship Authorities to both or one of the dysfunctional parents. Basically, this measure is manifested by the fact that children are temporarily taken away from the family and placed in foster into a special facility, or temporarily given to a foster family. Moreover, the restriction of the mother’s rights is no different from the punishment of the father. The removal of children from a single-parent household occurs if the children cannot be left to their father or mother (the second parent).
The grounds for restricting a parent’s rights are listed in the Family Code (Article 73). These include any situation in the family that threatens children, with which adults are not able to cope at the moment, but there is an opportunity to improve it in the future. For example: a temporary mental disorder or a serious illness of adult family members, difficult life circumstances.
As already mentioned, restriction does not mean deprivation, although the abolition of the restriction of parental rights is carried out in the same way – exclusively by a court decision, which is prescribed in paragraph 1 of Art. 76 of the Family Code. Lifting "sanctions" will result in the removed child being returned to their family, whether two or single parent.
The legal consequences of restricting parental rights are milder than those of a decision to completely terminate them. The main negative consequence is the temporary loss of the right to be involved with the child. Another substantial negative consequence is that people with children lose the right to cash payments and various benefits. At the same time, the children can inherit the family property in full. This also applies to the right to use the housing and to the share of the property if this housing has been privatized or bought (built) by their parents.
The law clearly states: the period of restriction of parental rights is NO MORE THAN 6 months. Next, the punishment is either canceled or toughened (the rights are terminated forever). Restrictions may be removed if it is convincingly proven in the next court that the defendant has reformed, begun to financially support the child and become involved with them, that normal relationships in the family have been restored. One can also lift the restrictions prematurely, and this may be also done through the courts.
Our assets include many years of experience of our lawyers, a lot of civil cases in this field, incl. foreign nationals involved. Contact us in any convenient way, we are always in touch:Tel:
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