Sample statement of claim for deprivation of parental rights of mother

Content

1. Who can file a claim?
2. Procedure for filing a claim in court

3. Reasons why a parent or guardian may have their rights revoked

4. Rules for drawing up an application for deprivation of parenthood

5. Sample statement of claim for deprivation of parental rights

6. List of documents that will be needed to file a claim

The Constitution of the Russian Federation and the Code of Civil Procedure equalize father and mother in terms of rights and responsibilities in relation to a minor child. They have the right to exercise parental authority, but at the same time they are obliged to take care of the child up to 18 years of age and raise him to be a full and harmonious personality, develop him physically, mentally, spiritually and morally. Only parents can be deprived of their rights provided for by law, while trustees and guardians are limited in their rights to the child.

Judicial deprivation of parenthood of one of the spouses is an extreme measure and a difficult procedure in procedural and moral terms. The judges are faced with a very difficult task - to save a child from a loved one who is maliciously violating his rights. The question will always be: how to remove a child from circumstances that threaten him without harming anyone?

The initiator of filing a lawsuit must remember that the fate of a minor is being decided, and this cannot be done without professional help. An experienced lawyer will help you weigh the pros and cons and choose the most optimal solution to the problem. He will objectively assess the extent to which a parent negatively influences the psyche of children, interferes with their development, abuses parental authority, and fails to cope with their direct responsibilities.

Reasons

Marital relationships, as well as the rights and obligations of parents and children, are regulated by the norms of the Family Code of the Russian Federation, but it does not contain a separate article intended for the voluntary renunciation of parental rights. In such situations, it is necessary to be guided by the provisions of Articles 69 - 71 of family law . When conducting court hearings, it is recommended to familiarize yourself with the civil procedural rules outlined in the provisions of Articles 23 and 24 of the Code of Civil Procedure of the Russian Federation . The regulatory form of the statement of claim is established in Article 131 of the Code of Civil Procedure of Russia. When filing a claim, the amount of the national fee is regulated by paragraphs 333 of Article of the Tax Code .

Grounds for voluntary relinquishment of parental rights:

• failure to fulfill parental responsibilities, including mandatory alimony payments for the decent maintenance of a minor child;
• does not take a direct part in the process of raising the child - an unreasonably long absence;
• refusal of the father or mother to pick up their child from the maternity ward, hospital or educational or public organizations;
• harsh treatment, repeated use of violence, both physical and psychological;
• committing illegal acts regarding a child or other parent;
• presence of alcohol or drug addiction.

Voluntary abandonment of your child is essentially equivalent to a procedure for deprivation of rights. In some cases, the father's consent to renounce his rights to the child is practiced by mothers who wish to acquire the status of a single mother. This is due to the fact that this circumstance allows them to take advantage of a number of benefits and payments that the state provides for the maintenance of minor children. To do this, the biological father must file an application for voluntary renunciation of his parental obligations in favor of the baby’s mother.

Who can file a claim?

1. Father or mother in relation to spouse.
2. Guardian/Trustee . But in this situation, it is necessary to reasonably and convincingly prove that the family does not care about the children and cannot cope with their upbringing.
3. Guardianship and trusteeship employees . Their competence includes: filing applications, defending the interests of children under 18 years of age during the court hearing, and checking the sanitary and living conditions in which their ward is kept.
4. Employees of a school, kindergarten , or children's medical institutions can initiate proceedings against the father or mother of their wards if they are raising the child inappropriately.
5. Prosecutor's office , if during the prosecutor's inspection it turned out that the interests of children are being maliciously violated. Among the measures to protect the interests of children is temporary (permanent) isolation. Each prosecutor's office has a department that deals exclusively with the rights of minors.

The Russian legal system limits the list of persons who have the right to initiate deprivation of parenthood. At the same time, any citizen of the Russian legal society is obliged to inform the guardianship authorities or the prosecutor's office if he sees that the interests of a minor are being violated or his life is in danger. Even citizens who are not related to educational and medical institutions can apply to the relevant authorities. Petitions are accepted from relatives, family friends, grandparents, or simply from caring people.

Procedure for filing a claim in court

1. The plaintiff applies to the court at the defendant’s place of residence . Many parents-plaintiffs ask lawyers: why can’t they file a claim in court in the territory of their place of residence? A parent who does not raise a child, maliciously evades child support, treats a minor poorly, is difficult to hold accountable - he may not appear at the meeting. But the Russian legislative system does not make exceptions. The claim accompanying the application for deprivation of parental rights will allow the court to consider the circumstances that prevent the plaintiff from attending meetings.

2. The plaintiff writes a statement of claim , which reflects the key circumstances of the case. It is advisable to do this under the guidance of a competent lawyer whose specialty is family law.

3. The plaintiff submits to the court the following documents:

• An act of inspection of the house or apartment where the minor lives. This certificate is issued by guardianship.
• Conclusion on the sanitary and living conditions in which the minor lives. They check the apartment or house of the OPP.
• The conclusion of the OPP is that the plaintiff’s claims are justified, and there is a real threat to the physical and psychological health of the minor in the specified conditions.
• If the application was submitted not by the parent/guardian, but by the competent authority, then it must provide justification that the interests of the children have been violated. In this document, it is advisable to refer to the legislative framework of the state.

There is no need to pay a state fee when filing a claim for deprivation of parenthood, since the case concerns attacks on the life of a child. The rights of a citizen who defends the interests of a child are reliably protected by a number of articles of the Tax Code of the Russian Federation. If the court office demands 300 rubles from you, know that this is illegal: we are talking about a claim of a non-property nature.

The plaintiff parent may have difficulties due to the fact that the court hearing to deprive the second spouse of parental rights is taking place in the defendant’s locality. Most often, these types of lawsuits are filed by mothers whose husbands evade child support payments. Such plaintiffs have the opportunity not to go to court at the place of residence of the former spouse, but to send a representative lawyer to the meeting by writing a power of attorney. A professional will protect the interests of the minor, referring to the letter of the law. Guardianship authorities and witnesses are also obliged to defend the child in court at the place of residence of the respondent parent.

Is it possible to reconsider the case?

A losing plaintiff may proceed as follows:

• Appeal the refusal to a higher authority;
• Submit a new application after six months.

A court decision can be challenged only if procedural errors were made during the consideration of the case. Citizens are usually given 1 month to appeal the verdict. In the case of deprivation of parental rights, the plaintiff has 10 days to submit an application to a higher authority. If the period has expired and no objections have been recorded, the decision enters into legal force.

The plaintiff or his legal representative may challenge the refusal to deprive parental rights by filing a complaint with the regional court. In addition, the prosecutor who participated in the trial can challenge such decisions.

Appeal or cassation

Cases of deprivation of paternity fall under global jurisdiction. If the applicant’s claim is rejected by the magistrate, he has the right to file an appeal to the district court, and a cassation complaint to the regional court.

An appeal can achieve a review of the case. The plaintiff will need to collect additional evidence that was not enough for a positive decision by the trial court. The appeal application must be completed correctly.

The document must contain:

• Name and address of the judicial authority;
• Information about the applicant;
• Information about the previous court decision;
• Claims and reasons why the applicant appeals to a higher court;
• List of attached documents and evidence;
• Plaintiff's signature.

Expert commentary

Gorbunova Olga

Lawyer

In accordance with the Code of Civil Procedure of the Russian Federation, the claim can indicate new demands that were not previously put forward by the applicant. Before submitting an application, you will need to pay a state fee. Its size is 200 rubles.

Appeal the refusal or file a new claim?

The plaintiff can seek justice in two ways: appeal the verdict or prepare new evidence and submit an application in six months. Each method has its positive and negative sides.

After receiving a complaint, the court checks the validity and legality of the actions of the judge who made the decision and evaluates new evidence. Consideration of a case on refusal to deprive parental rights takes about 2 months.

Following the meeting, a verdict will be rendered:

• Reject the claim and leave the decision of the previous court in force;
• Satisfy the applicant’s demands and prohibit the parents from communicating with the baby;
• Partially reverse the decision of the first court.

Reasons why a parent or guardian may have their rights revoked

By failure to fulfill the parental responsibilities of a child, the modern legal system means:

1. Not pedagogical methods of education.
2. Violation of the right to compulsory secondary education.
3. Beatings, forceful punishment, violence against the other parent.
4. Psychological pressure, humiliation, moral violence.
5. Lack of concern for the physical, psychological, moral and spiritual state of children, their pedagogical neglect.
6. The criminal omission of one parent while his or her spouse abuses parental authority.
7. The reluctance of one or both parents to have a permanent source of income and support their children financially.
8. Malicious evasion of child support by a parent who was ordered by the court to support a child under 18 years of age.
9. Parent(s) drug use or alcohol addiction.

Consequences of deprivation of parental rights

The consequences of deprivation of rights to a minor child are regulated by Art. 71 IC RF. This rule of law not only determines the consequences for the defendant in the event of a court decision in favor of the plaintiff, but also the procedure for the adoption of a minor when his mother or both parents are deprived of parental rights.

If the applicant's demands are satisfied, the defendant:

1. Completely loses all rights associated with the presence of family relationships. In fact, the mother will not be able to become the child’s heir in the event of his death, nor will she be able to count on receiving any government guarantees, benefits or material support related to the birth of the child.
2. Maintains all obligations aimed at providing for the needs of the minor. You won’t be able to get rid of paying child support until the child is adopted or reaches the age of majority.
3. Will retain the right to restore parental rights, except for cases where the child’s mother has committed a crime against the life, health and (or) sexual integrity of the child, and also if the child, upon reaching the age of 10 years, refuses to restore the rights of his mother.

The adoption of a child after the deprivation of his mother’s parental rights can take place at any time, but not earlier than six months from the date of the court’s decision to deprive the mother of her rights.

Rules for drawing up an application for deprivation of parenthood

The application must be submitted only in writing, but standard forms are not provided for in court proceedings. If you see that you can’t cope on your own, seek the help of a professional. He will draw up a claim in accordance with legal requirements. The application is written in accordance with the requirements of the regulatory framework. This legal norm regulates both the form of the claim and its content.

The claim provides for the following parts:

1. A hat that contains:

• Full name of the judicial body, its legal address.
• Personal details of the plaintiff, place of residence.
• Personal details of the defendant, place of residence.
• Information about the guardianship authorities, the prosecutor or a representative of the preschool/general education/medical institution.

2. A descriptive part, which includes:

• Plaintiff's claims.
• Description of the essence of the case - the cruel actions of the defendant, his criminal inaction, violation of the child’s rights to life, education, and recreation.
• Evidence of the above. Facts of violation of children's rights are revealed during inspections by the prosecutor's office and the OPP.
• If the application was submitted by the competent authority, it is necessary to explain why the child’s parent/guardian/trustee did not do so. In this situation, both parents may be deprived of parental rights.
• Links to Russian legislation, regulations on family law, children's rights, parental responsibilities in relation to children under 18 years of age.

3.Resolution including:

• Plaintiff's claims.
• List of documents.
• A signature that can only be given by the plaintiff. If it is submitted by a representative lawyer, he provides a power of attorney written in his name by the plaintiff parent.
• Date.