Sample statement of claim for deprivation of parental rights of father or mother

Court cases regarding deprivation of parental rights are considered difficult to handle. Since the judge will have to decide the fate of the child. Moreover, in such a way that his legal rights and all interests are not violated, and his isolation from one parent (or both at once) brings him real benefit.

When filing a claim with the court for deprivation of parental rights, no matter who initiates it, you need to weigh everything carefully and provide sufficient and compelling reasons that it is unsafe for the child to be with the parents.

Who has the right to claim

Not everyone is allowed to file a claim in court to deprive their parents of their rights. The circle of persons is limited by Article 70 of the Family Code:

Either parent is deprived of the rights of the other. A foster parent or adoptive parent cannot be deprived of parental rights. It is more correct to draw up an application to cancel adoption or guardianship.
The trustee or guardian has the power to initiate legal proceedings against the de facto parent.
Representative from the guardianship and trusteeship authority. He is not only authorized to file a claim for deprivation of the rights of one parent (or both at once), but must go to each court hearing.
A representative of an educational or medical institution (boarding school, hospital), if the child is kept there.
Prosecutor's office employee. When conducting inspections and identifying violations in relation to a child. A department for the protection of the interests and rights of minors exists in each prosecutor's office.

You need to read: why parental rights can be deprived.

No one else has the opportunity to bring a claim to court. But any citizen is not limited to reporting to the guardianship authorities or the local prosecutor's office about facts of violation of the rights and interests of the child. Ask them to prepare a statement of claim for the court.

On restriction of parental rights

Drawing up a statement of claim for restriction of parental rights

A statement of claim for restriction of parental rights is drawn up according to the same rules and the same template as the claim discussed in detail above. The only difference is in the grounds that will be indicated in the application and in the persons who can file a claim - the list of such persons in this case is wider.

The procedure for filing a claim for restriction of parental rights is regulated by Art. 73 IC RF.

Restrictions are possible if for some reason the child cannot be left with his parents because it is dangerous for him. This could be a mental disorder beyond the control of the parents, an illness, or difficult exceptional circumstances. There is no complete list; each time the court itself determines whether the prevailing circumstances can be called sufficient for a decision.

A claim for restriction can be sent by relatives of parents, guardianship, educational, preschool institutions, or a prosecutor.

Court decision to restrict parental rights

The court decision to limit parental rights must contain an indication that alimony has been collected for the child. The obligation to pay child support can be assigned to either one parent or both.

Where is the claim filed?

The claim for deprivation of parental rights is sent to the district/city court located in the locality in which the defendant parent lives.

If an application for claiming alimony from the parent deprived of rights is filed in parallel and is being considered, then both claims are sent to the court at the location of the property of the respondent parent.

The legislation allows the case to be considered at the place of residence of the plaintiff if: 1) he has a disease that makes it difficult to move to the place of proceedings, 2) the presence of a small child or a disabled child. The judge takes into account such circumstances if they are documented.

When the plaintiff and defendant are in different cities, the judicial review is tied to the place of residence of the defendant party. And materials located in the guardianship or prosecutor's office at the plaintiff's place of residence are accordingly sent to the guardianship/prosecutor's office at the place of registration of the defendant. During the proceedings, the judge will be able to request any information on the case or send an order to the territorial court to take any actions to resolve the claim more objectively.

Is it possible to restore alienated rights?

The laws of the Russian Federation provide for the possibility of restoring alienated rights to a child. This can be realized only under one condition: if the legal reasons for deprivation of parental rights that forced the judge to make a certain decision have disappeared.

To restore rights, the parent must file a claim in court. At the same time, he must also attach documents that confirm that he takes part in the life of his son or daughter. Got rid of addiction to psychoactive substances, etc. The claim may be accompanied by a reference from the service and documents that indicate a sufficient level of income to financially support or support the child.

It is absolutely impossible to regain lost parental rights only if the child has been officially adopted. In other cases, there is still hope.

Now you know what documents are needed to deprive parental rights, and how this complex legal procedure is carried out. Remember: if your reasons are strong enough, the court will certainly take them into account. Be calm and believe in your own rightness, and you will certainly be able to achieve success.

For consultations, you need to contact our Specialists.

How to serve

Before filing a claim with the court office, you need to obtain two mandatory documents from the guardianship office at the child’s place of residence:

an act on the inspection of housing and living conditions of the living quarters where the child is located;
conclusion on the validity of filing a claim to deprive a parent of his rights.

If the claim is filed not by a parent, but by a prosecutor, an employee of a guardianship or a medical educational institution, then they need to document why they took upon themselves the judicial protection of the interests of the child.

Another feature of filing such a claim is that the plaintiff does not need to pay a state fee.

How to draw up a claim correctly

A claim for deprivation of the parental rights of a father or mother is filed in writing. To be accepted for consideration, you must write it correctly. The claim document certainly contains several mandatory clauses.

“Hat”, which indicates:

name and address of the judicial authority where it is submitted;
information about the plaintiff (name, surname, patronymic, actual and registered address of residence)
similar information about the defendant;
information about the representative from the guardianship and guardianship authorities, indicating the location address;
information about the prosecutor's office indicating the location address.

The motivational part consists of:

a description of the violation of the plaintiff’s legal rights and interests;
references to fact to support the claim;
evidence available to the plaintiff;
references to legal regulations that indicate the legality of the requirements.

The operative part must contain:

formulation of requirements (what exactly the court must satisfy);
a list of all documents and evidence attached to the claim;
signature of the applicant and date of filing the claim.

Sample statement of claim

For clarity, we present to you a sample statement of claim for deprivation of the parental rights of a father (or mother) with a variable indication of various circumstances and reasons for the need to deprive a parent of his rights (highlighted in blue) or:

In the Turgan City Court Plaintiff: Petrova Irina Vladimirovna, living at the address: Turgan, Senina St., 33-5, telephone: 888888

Defendant: Ivan Sergeevich Petrov, residing at the address: Turgan, Sverlov St., 15-2, telephone: 666666

Guardianship and trusteeship authorities: Department of Guardianship and Trusteeship of the Department of Social Policy of the Administration of Turgan, Turgan, K. Lyagotina St., 152 Prosecutor: Prosecutor's Office of Turgan, Turgan, Kulimova St., 63

STATEMENT OF CLAIM for deprivation of parental rights

The defendant Petrov Ivan Sergeevich is the father (mother) of the minor Petrov Denis Ivanovich, born on December 12, 2016.

For a long time, the defendant fails to properly fulfill his responsibilities as a parent. He does not care at all about the physical, mental, spiritual and moral development and upbringing of his son. All of the above is expressed in the fact that Petrov I.S. (not interested in his son’s progress at school; does not take him to sports sections, clubs, does not pay for classes in them; does not conduct any general developmental and educational conversations with the child; has not seen the child for more than one year, does not communicate with him by phone or other way, is not interested in his hobbies, interests, needs; does not pay financial resources for his maintenance, does not buy clothes, shoes, food, school supplies, etc.; communicates with the child cruelly and rudely, uses physical force against him, etc. .P.).

Violation of the rights and interests of the child (children) Ivanova D.I. is expressed in unreasonably cruel treatment of a son (abuse of all parental rights; the presence of chronic alcoholism or drug addiction; committing a deliberate unlawful act directed against the health, life of one’s child (children), his second parent; evasion of alimony payments for the maintenance of the child and etc.).

Based on the above, guided by Article 69 of the Family Code of the Russian Federation, Articles 131, 132 of the Civil Procedure Code of the Russian Federation,

Ask:

Deprive Ivan Sergeevich Petrov of parental rights in relation to Denis Ivanovich Petrov, born on December 12, 2016.
Transfer the child (children) Petrov Denis Ivanovich, born on December 12, 2016, a native of the city of Turgan, to be raised by his mother Petrova Irina Vladimirovna (at the non-profit educational institution “Comprehensive boarding school No. 17 named after D.Yu. Karyshev; guardian grandmother Petrova Elizaveta Maksimovna, who lives in address: Turgan region, Letovsky district, Letovo village, Rabochikh street, 5).
To collect from Petrov Ivan Sergeevich, born 02/05/1980, a native of the city of Turgan, in my favor, alimony for the maintenance of the son of Petrov Denis Ivanovich, born 12/12/2016 (if there are several children, indicate all) in the amount of 1/4 (or 1/3, or 1/2) part of all types of income and earnings (in a fixed monetary amount of ½ minimum wage) monthly, starting from the moment of filing the application on January 15, 2020 until the child reaches the age of majority.

List of attached documents:

A copy of the postal receipt for sending a copy of the claim to the participants in the process.
Birth certificate of the child (or children).
Certificate of marriage (or divorce).
Copies of the identity passports of the plaintiff and the defendant (power of attorney to represent the interests of the child, passport of the representative).
An act on the inspection of housing and living conditions at the child’s residence address.
Conclusion of the guardianship authority on the validity of filing a claim in court.
Other documents in support of claims (court decision on the collection of alimony; information from the Federal Bailiff Service about the existence of alimony debt for payments and the initiation of enforcement proceedings, a criminal case; a court verdict on a criminal record for evading the payment of alimony, for beating a child, improper execution of duties of a parent, etc.; information from the police about facts of cruel treatment of a child, with his second parent; a certificate from a drug treatment institution about the presence of the defendant’s diseases “alcoholism” or “drug addiction”; witness statements, audio, photo -, video recording, etc.).

Date of application: January 15, 2021 Signature of the plaintiff ___________

Grounds for deprivation

Article 69 of the Family Code of the Russian Federation establishes for what reasons the court, when filing an application, can legally satisfy your requirements.

Therefore, no matter how justified you consider your demands, before writing an application, you need to carefully study all the grounds to understand whether you can count on a successful solution to your issue.

The law includes the following as grounds:

parents, or one person, categorically does not want to fulfill the responsibility of raising a child, for example, maliciously evades paying child support;
parents do not take the baby out of the hospital after birth, and neither parent has any legal grounds or reasons that could be considered valid (illness, injury or difficult circumstances);
they clearly abuse their rights in relation to the child, abuse the baby, beat them or inflict psychological violence, which is no less terrible for the fragile psyche than physical violence;
one of the parents, or even both, are chronic alcoholics or drug addicts;
the parents or one of them is guilty of an intentional crime, and it must be committed in relation either directly to the child or to one of the family members. On this basis, the court will also make an appropriate decision. It should be understood that the commission of a crime can only be confirmed by a court verdict that has entered into force.

If there are sufficient grounds, when sending a statement of claim to the court, you can count on its satisfaction. Please remember that the processes will look very closely at your case. The favorite reason for mothers: “the father does not take any part in the child’s life and does not pay child support” will not automatically work. Every piece of evidence will be studied in detail, every argument will be tested.

Documents attached to the claim

The claim is supported by a package of documents. Moreover, their list will depend on many things: who is filing the claim, what are the grounds for depriving a parent of his rights, where the child will be after the court makes a decision.

We will provide an approximate list that can be supplemented or shortened depending on the specific situation.

Actually a statement of claim.
Copies of the identity passports of the plaintiff and defendant.
Certificate confirming the birth of the child (or children).
A certificate confirming the marriage (or its dissolution).
Power of attorney to represent the interests of the child (if the claim is filed by a guardianship authority, educational or medical institution).
An inspection report of living conditions at the child’s residence address.
Conclusion of the guardianship authority on the validity of filing a claim in court.
A court decision to collect alimony.
Information from the Federal Bailiff Service about the existence of a debt for alimony payments, the initiation of enforcement proceedings or a criminal case.
Court verdict (if the defendant was convicted of evading child support, beating a child, improperly fulfilling the duties of a parent, etc.).
Information from the police about facts of abuse of a child or his other parent.
A certificate from a drug treatment facility confirming that the defendant has alcoholism or drug addiction.
Explanations of witnesses.
Audio, photo, video recording equipment.

Consideration of the claim by the court

The peculiarity of considering a claim for deprivation of the parental rights of a mother or father is that representatives of the prosecutor's office and guardianship are present at the court hearing to ensure that the child's rights are not violated and his interests are protected.

In parallel with the issue of deprivation of parental rights, the future fate of the baby is also resolved. Namely: he will remain to live with his second parents, a guardian will be appointed to him, or he will be transferred to the care of a guardian. The arguments of the plaintiff himself, as well as the position of the prosecutor's office/guardianship, are important here. If the child is at least 10 years old, he can voice his will during the hearing.

Deprivation of parental rights does not relieve the unfortunate parent from child support. Therefore, at the same time, the court raises the question of the financial support of the child by the defendant. The judge must assign him the procedure and method for paying child support, taking into account the requirements stated by the plaintiff, as well as the financial capabilities of the defendant himself.

After the court makes a decision (provided it is not appealed by the defendant and it enters into legal force), the plaintiff-parent can start preparing new documents for the child (change of surname). And the plaintiffs - guardianship authorities or prosecutors - by placing the child in a special institution or registering guardianship.

Consequences

After the court decision to deprive the mother of parental rights comes into force, the following events will occur:

The minor will be removed from the mother and transferred to the second parent, guardian, foster parent, or will be placed in an orphanage. Sometimes the removal of a child from the mother’s family occurs even before the trial, if the minor’s stay in the mother’s house threatens his life or health.
The child's mother will lose rights to all benefits and privileges that she was entitled to while the child was with her. She also loses the right to receive or use a maternity certificate.
A woman no longer has the right to inherit a child in the event of his death, or to claim alimony from a son or daughter after they come of age.
The mother is prohibited from freely communicating with the minor without the consent of the child’s legal representative. In this case, the degree of danger of a woman to her son or daughter is assessed by this legal representative independently.
If, in parallel with the claim for deprivation of maternal rights, a claim for the collection of alimony was filed, then the woman is obliged to pay alimony until the child reaches the age of majority. If he is declared incompetent, then until his legal capacity is restored.
In cases where a woman deprived of maternal rights does not restore them within six months, the law allows the adoption of the baby by other persons. In this case, the mother loses the opportunity to restore parental rights forever.

Lawsuits for deprivation of parental rights, especially if it concerns the mother of a minor, are considered by the court especially carefully. Any mistake in one direction or another can cause irreparable harm to the child, and in some especially severe cases, even cost him his life.

On the one hand, if the court deprives the mother of parental rights on insufficient grounds, the baby will unreasonably lose the closest person - the mother; on the other hand, if the court considers that the grounds for depriving maternal rights are insufficient and refuses the applicant, a tragedy may subsequently occur. That is why, when filing such claims, applicants must approach very responsibly both the preparation of claims and the collection of evidence, because the fate of the child will be decided in court.

You can contact our website staff for help. Our family law specialists will advise you, if necessary, help you draw up a statement of claim, tell you what documents will be needed in your particular case, which evidence the court will take into account and which will be left without consideration.

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