Why do guardianship authorities often take children from prosperous but poor families?

How to take a child from the mother to the father? – this question is often faced by lawyers specializing in divorce proceedings. Unfortunately, domestic judicial authorities in custody disputes in most cases remain on the side of the mother.

However, a father who is faced with a similar situation should not be upset; there are a number of “nuances” and “loopholes” in the legislation, relying on which one can achieve a positive court decision. Let's take a closer look at this issue.

Grounds for removing a child from the family

In 2020, the Family Code provides for the following reasons for removing a child from the family:

1. The mother and father are deprived of parental rights (Article 69 of the RF IC). The seizure procedure can be carried out only after the court decision has entered into legal force. The decision is executed by bailiffs. Often, together with bailiffs, specialists from the district guardianship department at the place of residence of the minor are present. Additionally, employees of the district police department may be involved. If a court decision is being executed in relation to a child under 3 years of age, medical workers may be present.
2. Mother and father have limited parental rights (Article 73 of the RF IC). The withdrawal procedure is identical to the situation with deprivation of rights.
3. The mother or father poses a direct threat to the life or health of a minor (Article 77 of the RF IC). The seizure is carried out on the basis of an order from the district administration. The procedure can be carried out exclusively in relation to the blood mother and father. Confiscation cannot be carried out from grandparents, guardians or other legal representatives.

Example . In late autumn, the child welfare department received a signal that children were crying for a long time in the house of single mother Elena. Specialists left for an examination. When visiting the family, it was discovered that the woman was intoxicated. Her 2-year-old daughter and 3-year-old son are closed on the loggia. Since the weather was cold outside, there was a clear threat to the life and health of the children. The minors were sent to the hospital for examination. After which, they were redirected to a shelter.

As can be seen from the example, Art. 77 of the RF IC is used as a last resort. If specialists had not intervened, the children could have died.

Example . After purchasing an apartment in a new building, the Perov family began making renovations. Due to the noisy work, a conflict arose with neighbors. A neighbor reported to the child welfare department that the Perovs were cruelly treating their 4-year-old daughter. The specialists left at the signal. During the visit, it turned out that the family had just moved, they had food for the child, a place for their daughter to sleep, and seasonal clothing. The child did not appear malnourished or beaten. The girl attended kindergarten. The teachers had no complaints against the parents. The neighbor repeatedly sent complaints to the guardianship department, but there were no grounds for removing the child.

What does the court pay attention to?

The issue of establishing with whom the child will live is quite sensitive and it will not be possible to simply take the children away from the mother.
Various points will be taken into account, and not the least place here may be taken by the child himself

For example, if a child has reached the age of 10, the court will take into account his opinion. And if he wants to live with his father, and there are no obstacles, such as low earnings, his father’s alcohol or drug addiction, or lack of living space, the court with a 90% probability will decide to transfer him to his father’s upbringing.

In addition, the judge pays attention to the following:

• gender of the child (as a rule, male children stay with their father, and female children with their mother);
• age (children of preschool age and age are almost always given to their mothers, except for the mother’s reluctance to raise them herself or the danger of the children being with her);
• the child’s level of attachment to one or another parent;
• personal qualities of both parents, their age, health, lifestyle, etc.;
• other reasons.

In addition, when deciding how to sue a child from his wife during a divorce, it would be useful for the father to convince the court (documented) that there are serious disagreements with his wife or that she has selfish goals.

So, the reasons why a mother may want to keep her child are as follows: the father of the family has a well-paid job, while his wife does not work. Leaving a child with the mother in such a situation can be regarded by the court as her desire to collect a significant amount of alimony from her husband; there are serious disagreements between the spouses, and leaving the child with the mother is done “out of spite” in order to annoy her husband

Any little thing can play both a plus and a minus for the father in his desire to keep the baby with him. For example, the fact that the father is employed abroad and the opportunity to provide the child with a foreign education is considered by the court in favor of the father. Having a mother with a lover who may marry her in the future can also play both a positive and negative role. If a given person treats the child well, this is one thing, but if he is not very good and there is evidence of this, then it is completely different.

Where do child guardianship authorities take children?

The place where the child is placed directly depends on the grounds for removal:

1. When parents are deprived or restricted of parental rights . The child is placed in a specialized organization. Depending on age or health status, this may be a family center (orphanage), boarding school, orphanage, or boarding home. The minor is placed under supervision as one without parental care.
2. In case of selection . If a parent has managed to harm the child’s health (injury, frostbite, hypothermia), then the child is placed in the children’s ward of the nearest hospital. If there are no injuries, the minor is sent to a rehabilitation center (shelter).

A child cannot be handed over to relatives just like that. In case of deprivation/restriction of rights, it is possible to obtain permanent (if a full package of documents is available) or preliminary (if there is a passport and a positive examination report) guardianship.

If a minor is seized under Art. 77 of the RF IC, then it cannot be transferred to relatives immediately. First, specialists must visit their housing and check the conditions.

Important! Relatives who live together with the mother and father cannot be guardians.

Guardianship must act in the interests of the family

Experts interviewed by RT also believe that the legislation should be changed. According to lawyer Yulia Chesalina, to eliminate the problems it is necessary to create a separate department, since in different regions the powers of guardianship are exercised by social protection or the education department.

Member of the Public Chamber Elina Zhgutova says that in order to stop the unreasonable removal of children from their families, it is necessary to change the approach in the ideology of the state’s care for children: to provide, albeit disadvantaged, support to natural families greater or at least equal to that which is due to foster families.

“We can change the Family Code, but the system can adapt to it. We have many times more support for foster families than in natural families. Funding priority goes to foster families. Our large families are poor, so their children are taken away,” Zhgutova believes.

The Ministry of Education of RT confirmed that even now the removal of children from the family is possible only as a last resort, when the child’s life is in danger.

“The Ministry is continuously working with the regions to improve the protection of children’s rights, including the fundamental right - the right to a family, and relevant recommendations have been communicated to all constituent entities of the Russian Federation,” the department’s press service reported.

Elena Alshanskaya, an expert at the Foundation for Supporting Children in Difficult Life Situations, agrees that it is necessary to implement a system of assistance to parents.

“Many of them are from an orphanage, they don’t cope well with everyday life, they have a disability or some kind of psychological illness, and they find themselves in a difficult life situation. Parents have no intention of harming their child - they simply do not understand what they are doing,” says Alshanskaya.

According to the expert, the Ministry of Education is already planning to revise the provisions of the Family Code related to the removal of children and the deprivation or limitation of parental rights.

“I hope that in the near future these issues will be worked out and a system will appear that will really be tuned to assess threats and risks, and not to a random and philistine view. So that taking away a child really becomes that last resort when nothing can be done to help the family, and not a nominal reason,” Alshanskaya said.

How can I return it?

The return procedure depends on the reasons for withdrawal:

1. Upon deprivation of parental rights . The mother and father will need to go to court to restore parental rights (Article 72 of the RF IC). The law gives them the opportunity to initiate the process within 6 months. Otherwise, the child may be put up for adoption. The minor returns to the family after the court decision enters into legal force.
2. When parental rights are limited . The parent needs to initiate the process to cancel the restriction (Article 76 of the RF IC). If he does not submit an application to the court within 6 months, then the guardianship department is obliged to initiate a process to deprive him of his rights. If the parent proves correction in court, then after the court decision enters into force, the minor will be returned to the family.
3. When a child is removed under Art. 77 IC RF . Within 7 days, the guardianship department is obliged to initiate the process of depriving parental rights. The child can be taken away only after the claim has been considered. The court may consider the evidence insufficient and the child will be returned to the parents. And the mother or father will be given a warning.

Expert opinion

Stanislav Evseev

Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.

Often, removal by the guardianship department is confused with placement in an organization under a police act. For example, a small child was walking alone on the street. He cannot explain who his parents are or where he lives. The baby will go to a rehabilitation center (shelter).

But the mother or father will be able to pick him up only after receiving the conclusion of the guardianship department. Parents must prove that they do not have psychological disorders, do not abuse alcohol or use drugs. When providing this information, the specialist issues an official document.

Example . Mary and Peter had a daughter, Camilla, 3 years old. Maria went to work. Peter stayed with his daughter. At noon he put the girl to bed and fell asleep with her. The girl woke up, opened the locks and went out into the yard. People passing through the courtyard of a high-rise building noticed a naked little girl playing in the sandbox without adult supervision. Citizens called the police. The child was taken to the shelter. Parents had to collect documents to prove the situation was accidental.

In most cases, citizens side with their parents. Few people think that the father’s careless behavior could lead to tragedy. The child could go out onto the roadway or repeat leaving the house in winter. One mistake could lead to tragedy. Therefore, experts determine whether the situation was accidental or whether parents constantly expose their children to danger.

Procedure to take a child away from its mother through court

It will take a lot of time and resources to stay with you during a divorce. Please be patient and persevere as the legal process can drag on for months. To seize a child from a woman, the father must:

• File a claim for divorce.
• Include in the claim requirements to determine the place of residence of children. The claim can also include the collection of child support, or it can be filed as a separate claim.
• Pay the state fee.
• Carefully consider the arguments, draw up a line of defense, prepare all documents to support the claims, and enlist the support of witnesses.
• Take personal part in court hearings.
• Get the judge's decision.

If you want to complete the lawsuit in your favor, it is worth consulting with lawyers at every step of the procedure - from drawing up a claim to appealing a court decision.

Why does the guardianship authority visit the family?

In accordance with Art. 122 of the RF IC, specialists from the guardianship department can visit any family actually living in the territory of their jurisdiction.

Reasons for checking

Important! If a child is admitted to a medical organization with an injury of any kind, the medical worker is obliged to notify the guardianship department. And specialists must check the housing and make a conversation with the parents within 3 days.

It is possible to remove a minor from the family in the event of an injury only if it was caused by the parents. The basis for seizure is the initiation of a criminal case.

Can a father sue a child?

The law affirms the principle of equality between father and mother, but does not determine which parent the child should live with. The resolution of this issue rests with the court.

When making a decision, the court is guided by the principle of equality of parents. But at the same time, the court studies in detail...

• moral character of father and mother. Character, tastes, inclinations, social circle, lifestyle - everything that can influence the upbringing and development of a child;
• financial situation of parents. Will they be able to provide the child with everything necessary for a full life - a place to live, food, clothing, rest and entertainment?
• physical capabilities and health status of the father and mother. Will they be able to provide care, education, and development of the child until adulthood?
• the degree of attachment of the child to his parents. The opinion of the child himself is taken into account - does he want to live with his dad or mom?

USEFUL INFORMATION: 7 types of family relationships in psychology

So, the moral, material and physical side of the parents, as well as the opinion of the child, are decisive for the court. Based on this, a father who wants to sue a child at any cost must demonstrate to the court his best sides:

Moral – take care of an impeccable reputation. Do not abuse alcohol and smoking, stop a wild lifestyle (visiting nightlife establishments, meeting with suspicious “friends” and “girlfriends”). Avoid rudeness, violence, scandals. Avoid conflicts. Make a favorable impression on neighbors, colleagues, kindergarten teachers and school teachers. Show respect to your ex-wife and take care of the children.

Material – change jobs or find additional sources of income. Make sure that housing meets the child’s basic needs (heat and electricity, furniture and household appliances, water supply and sewerage).

Physical – take care of your own health. Pass a medical examination or obtain a doctor’s certificate confirming the absence of dangerous or severe chronic diseases.

In addition, you need to enlist the support of the child. The court takes into account the opinion of a child who has reached the age of 10 (Article 57 of the RF IC).

At first glance, it seems that a child’s opinion is easy to “buy”: with bright toys, sweets, attractions, walks... After all, a “Sunday dad”, compared to a mother tired of everyday life, seems better to the child. However, the court will take into account not only the children’s delight, but also the real manifestations of the father’s care for the child (participation in the education and upbringing of the child, accompaniment to kindergarten, school, clubs and sections, the regularity and duration of meetings). Psychologists and teachers help determine the degree of closeness between a child and a parent.

Good mom or rich dad?

There are two common public opinions.

According to the first opinion, the child will definitely be better off with his mother. The father can claim the child only if the mother herself abandons him, leads an immoral lifestyle, has no means of support, uses alcohol and drugs, is violent, and is prone to suicide. In other cases, the court will be on the mother's side.

According to the second opinion, everything is about money. And since dads, as a rule, earn much more than mothers, they also have a much greater chance of suing their child. And it will be better for the child to live with his dad “in his bosom” - in full financial support, than to survive on alimony and his mother’s pittance earnings.

What is the court's opinion?

As mentioned above, the court evaluates parents according to several criteria, and financial situation is only one of them, and not the most important.

• A court decision in favor of the father will be made if the mother is not only poor, but also not distinguished by morality (for example, she drinks or often dates different men) or good health (for example, she is disabled or suffers from a mental disorder). That is, there are several negative factors present at the same time.
• A court decision in favor of the mother will be made if she fulfills parental responsibilities at the proper level. If she has financial difficulties (for example, immediately after maternity leave), but she is in good health and is trying to get a job, the court has no reason to take the child away from the mother.

Therefore, the father should not rely heavily on his financial security and focus on the mother’s lack of money. Most likely, the father's high earnings will be taken into account when determining the amount of alimony.

Procedure for removing a child

It is believed that a specialist from the guardianship department can take a minor from his mother without any special reason.

In practice, the procedure should proceed as follows:

1. A report of abuse of a minor is received.
2. Specialists visit housing.
3. If there is evidence of ill-treatment, a removal order is issued.
4. The child is placed in a specialized organization.
5. 1 copy of the order is given to the parent, the second remains in the department.

3 factors for removing a child:

1. Personal presence of parents.
2. A real threat to the child.
3. Availability of an order.

Consequences of depriving a mother of her rights

Theoretically, the dysfunctional mother still has a chance to renew her rights in relation to her children. To do this, she must radically change her lifestyle and behavior. The procedure for renewing rights is also carried out in court. In addition, the mother can make demands to return the children back to her care.

If the mother did not file a claim to restore her rights or the court denied her this, the consequences for her will not be the most pleasant.

1. Firstly, such a parent loses completely all rights to the child (upbringing, communication, protection of his interests).
2. Secondly, she is deprived of the benefits established for citizens with children.
3. Thirdly, he will not be able to claim the inheritance of his children. At the same time, a mother deprived of parental rights will be required to pay child support. And the child himself will in the future be able to claim the inherited property of the parent, who was once deprived of his rights.

Can a child be taken away from a normal family?

It is believed that a child can be taken away from normal parents. This information is partially true. However, the basis of the actions of the guardianship department is a signal. And it doesn’t matter who it came from.

Example . Katya's parents divorced. The girl remained to live with her father. The man entered into a second marriage. The relationship between Katya and her stepmother did not work out. The girl asked her father for new expensive boots. The family budget could not afford such a purchase. Having received a refusal, Katya called the helpline and reported that her father and stepmother were beating her. The message was transferred to the guardianship department. Specialists visited the family. The girl confirmed that she was being beaten. The minor was placed in a shelter until the circumstances were clarified.

The situation in the example is quite common. Children often use the opportunity to send a signal to the guardianship department as blackmail. Due to their age, they cannot always assess the consequences for themselves.

Important! Specialists cannot visit a family without reason. But if there is a signal, they must react. Moreover, seizure is a last resort.

Can a father keep a child after a divorce illegally?

Very often, the trial to determine the place of residence of a child, especially if it involves a divorce in the presence of children, turns into a natural battle to the death. If there are no legal grounds for leaving a child with the father, the man uses all possible methods, including immoral and outright illegal.

Perjury

Witnesses are invited to the court who give slanderous testimony against the child’s mother, incriminating her in an immoral lifestyle or reporting other negative facts.

It is important to convey to the court an indication of the fact of a close family or friendly relationship between the child’s father and the invited witness, and also to focus on the absence of other evidence other than unsubstantiated words

A counter-argument to the statement of witnesses about the child’s mother’s alcohol abuse, for example, can be certificates and characteristics of the district police officer or street committee at the place of residence.

Fictitious expert opinion on child attachment

Alas, in our time there was and remains a small, but still real chance to find a corrupt way to contact an expert and obtain a fictitious conclusion

It is important to choose for conducting the examination only state or expert institutions with extensive experience, in which the risk of corruption on experts will be minimal

IMPORTANT: If the court selects an institution at the request of the child’s father and receives a conclusion in his favor without sufficient grounds, be sure to insist on a repeat examination in another institution

“Bribing” a child’s loyalty

If the mother has financial difficulties, and the father has free funds, then very often he begins to literally shower the child with gifts, things, gadgets, spend as much time as possible with him, allowing anything and everything, and, in fact, bribes the child’s loyalty. This trick is especially easy with minors going through adolescence.

It is logical that in this case the mother quickly becomes almost an enemy for the minor, as a result of which the child at the trial declares his desire to live with his father. In this case, it is necessary to conduct a comprehensive psychological and psychiatric examination, as a result of which experts can easily establish the impact on the child.

How to behave when checking from guardianship

Let's consider why a child may be removed from a normal family. When specialists visit, citizens are often lost. Therefore, misunderstandings may arise.

When conducting an inspection, the parent must show:

• documents (passport, child’s birth certificate);
• availability of food for children;
• a place for minors to sleep and rest;
• children's personal items and seasonal clothing;
• a place to do homework.

If possible, it is necessary to provide an explanation of the reasons for the signal. For example, conflict with neighbors, ex-spouse, causes of injury.

What to do if your husband threatens to take away your children

The worst thing is if life has turned into hell, and the husband does not give a divorce, threatening to take the child for himself.

The court will certainly understand all the circumstances, look at documents, evidence, and listen to witnesses.

And he will be guided only by the interests of minor offspring when determining with whom it would be better for them to live (Clause 3 of Article 65 of the RF IC). If the child is over 10 years old, he will also be asked where and with whom he prefers to live.

According to statistics, after a divorce, only 7-10% of cases of children are left to their father.

The husband’s threats to take away the baby are nothing more than an attempt at manipulation; here the child is used as a tool of pressure on the wife. Even if we imagine that the father took the child for himself, he will not have enough time or patience for everything that needs to be done.

To ensure a normal existence for the offspring, you need to: wash, iron, learn homework, buy groceries and cook healthy and at the same time tasty food (not pizza and dumplings with fried eggs).

In addition, the court will examine the personal qualities of the mother and father, and no one will take away children from a woman leading a normal life without reason. This is only possible if the mother is deprived of her rights in relation to the child.

Demanding that the child be taken away from the mother, the father is most likely guided not by the interests of his son or daughter, but by a feeling of revenge, a desire to hurt his ex as much as possible.

When the situation is tense to the limit, a woman must pull herself together and remain calm and sane, so as not to give reason to doubt her moral health. The husband is just waiting for his wife to:

• will cause a scandal;
• will start hysterical, will cry;
• will get into a fight.

You shouldn’t give yourself a reason to succumb to provocations - you should be smarter and think ahead.

If you show aggression and let go, you should immediately call the police and call law enforcement officials.

In this case, it is necessary to ensure the presence of witnesses - a neighbor, friends who can confirm in court that the incident and assault took place.

You should try to talk to the baby’s father again and find out what he really wants. At the same time, it would be useful to remember that the man, the father of your child, has the right to see him, and if the child is over 5 years old, then to take him on a day off. By preventing communication, the woman herself is on the verge of breaking the law.

If the husband’s persuasion and admonitions are useless, and he intends to separate the mother from her offspring, then it makes sense to change the situation and go on a visit for two to three weeks, and preferably to another locality.

This will be a test for the spouse and an opportunity to see how he will behave. At the same time, you cannot get into trouble, you must always remember: the child and him too, he has the right to know how the baby feels, what his progress is in school, in sports, etc.

Any violation of the rights of a child by the husband - cruelty, beating - must be recorded by the police by calling a squad to the house.

If the husband is partial to alcohol or is a drug addict, then these facts should also be documented at least in the protocol of the district police officer. All these measures will help in court so that the child remains with his mother.