Consequences of deprivation of parental rights in the Republic of Belarus
As in the Russian Federation, deprivation of parental rights in the Republic of Belarus completely closes the opportunity for guilty citizens to take part in the further development and life of the child. Accordingly, some obligations on both sides become invalid.
For example, a child should not care for an elderly biological father in the future, unless he himself has taken the initiative. In turn, the property does not pass to the child by inheritance; he cannot lay claim to it.
Parents deprived of the right to raise a child cannot act as guardians or adoptive parents in the future. But they are assigned the obligation to financially support the child until he reaches adulthood. In law, this obligation is called alimony.
Alimony is a certain monetary payment (25% of the parents’ salary) that must be received by the child on a monthly basis. There are two forms of payment:
- voluntary;
- forced.
In the first case, the parents (or both citizens) enter into an agreement that stipulates the amount and regularity of cash receipts. The second case is somewhat more difficult in procedural terms.
The mother and father (one of the parents) are obliged to reimburse the state for the expenses that were incurred on his child during the deprivation of rights. This obligation implies making payments in the amount established at the end of the period from the moment the child enters state support. Parents acquire the status of “obligated persons”. In some isolated cases, expenses are collected on a voluntary basis, but most often their reimbursement is carried out compulsorily.
Child support obligations and other consequences for parents
According to the Code “On Marriage and Family,” citizens deprived of parental rights completely lose their rights regarding their own child, based on their family ties (the child’s responsibility to care for his parents, inheritance rights, and others are lost).
Such parents will never be able to become guardians and adoptive parents. The only obligation that remains with the parents after deprivation is the material support of the child (payment of alimony or reimbursement of maintenance expenses when the child is supported by the state).
Alimony is money that parents are required to pay for the maintenance of a child. There are two procedures for paying alimony: voluntary and judicial. In the first case, an agreement is concluded between the parents, which stipulates the conditions, including the amount.
The second option is carried out by submitting an application to the courts, which, after making a decision, send the documents to the enforcement authorities. In this case, deductions from the alimony provider are carried out forcibly.
Obligations for alimony may last until the child reaches adulthood or the appearance of circumstances provided for by law.
The parent deprived of rights, as well as the parent whose children were temporarily taken away by decision of the commission, must fully reimburse the expenses that the state spends on them during the period of their maintenance.
This obligation begins from the day the child is placed on one of the forms of state support. From this moment on, parents become so-called “obligated persons”. Expenses can be collected voluntarily upon application, which is quite rare.
Such parents are on the special account of internal affairs bodies, executive committees, labor and employment authorities. Failure to reimburse expenses without good reason will result in criminal liability.
Expenses are not reimbursed only for those parents who, for medical reasons, are unable to perform parental responsibilities.
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Is it possible to deprive the rights of one parent?
Deprivation of the rights to raise one of the parents is not much different from deprivation of the rights of a mother and father at the same time. But there is one caveat. The action must be initiated by one of the citizens who is the child’s parent (mother or father), a third party or the competent authorities. A special claim is drawn up and must be submitted to court. The application indicates the reason (reasoned), full name and date of birth of the plaintiff and other important data.
In Belarus, the plaintiff must be exclusively the child, but his interests must be represented by a second party, who is a guardian or a temporary person defending the interests of the minor.
A claim can only be filed against the parents recorded in the birth certificate. Next, the guardianship authorities will consider the situation from all sides and come to a reasoned conclusion. The final decision can be appealed, but the process will take a long time.
How to apply for alimony without divorce in the Republic of Belarus?
Being married does not always guarantee that both parents will take equally good care of the child. To collect alimony, it is not always necessary to get a divorce; you can start by filing an application for alimony while in an existing marriage. It is allowed to collect alimony for both the spouse and the child himself.
Where to go?
If voluntary payment of alimony is not applicable, the court can force a decision on payment. The statement of claim in this dispute must be filed at the place of residence of either spouse.
What documents are needed?
To collect without divorce, you will need to provide the following documents:
- a statement with the obligatory indication of your requirements;
- child's birth certificate;
- information about the defendant’s income (salary, benefits and other sources of income);
- information about the children’s place of residence and family composition;
- marriage certificate, passport;
- confirmation of payment of state duty.
Consequences for the father
After the decision enters into legal force, the father is deprived of the following rights:
- to live together with a minor;
- for unhindered communication with the child;
- to participate in his upbringing;
- to choose an educational institution;
- to receive benefits and compensation for citizens raising children;
- for maternity capital;
- demands for alimony in case of incapacity for work from an adult son/daughter;
- for the use of the child's property.
Important! If the father lives in an apartment that belongs to his son (deed of gift, inheritance), then after deprivation of rights, he must vacate the housing. At the same time, the obligation to provide financial support for the child remains.
Obligation to pay alimony
Deprivation of paternity implies the exclusion of parental rights. However, the child retains property rights to material support from the father.
Therefore, the man must pay alimony ordered by the court. If the funds were collected earlier, the obligation to pay remains.
Moreover, in the event of deprivation of rights for evading the payment of alimony, the plaintiff can bring the man to criminal liability. The maximum penalty for refusal to pay alimony is 1 year in prison.
How to collect evidence
It is important to include evidence of child abuse with your claim. It is useful for the initiator of the process to send a request to the guardianship to conduct an examination of the conditions of detention of the minor. If there are sufficient grounds, the employees will draw up a report that the court will consider.
Other documents:
- An extract from the Federal Penitentiary Service, if the spouse is serving a sentence for previously committed crimes, or a court decision made as a result of a criminal case.
- Certificates from medical institutions confirming beatings or indicating the sick or exhausted condition of the child.
- Testimony of relatives, teachers, neighbors in writing.
- Characteristics of the mother, issued by the human resources department (if the woman works) or the district police officer.
- Certificates from the police about arrest for immoral acts, antisocial acts and other violations.
- Papers issued at school and kindergarten. Employees will prepare a report on the correspondence of the child’s development level to the child’s age, emotional and other characteristics.
To deprive a wife of parental rights during a divorce, every document proving neglect of the interests of the child is important.
Reasons for deprivation of paternity
A complete list of grounds for deprivation of paternity is provided by the Family Code:
- Refusal or evasion of financial support (non-payment of alimony for a long time without good reason).
- Cruelty to a minor. Abuse includes physical (beatings, torture, harm to health), psychological or sexual violence. The fact must be confirmed by a verdict of criminal prosecution.
- Abuse of paternal rights. Abuse includes being forced into vagrancy, alcohol or drug use, involvement in criminal activity, or solicitation for prostitution.
- Remaining in a medical or social organization. One option is to abandon the newborn in the maternity hospital. This is equivalent to being left in a social center, a children's department of a hospital, or a children's camp.
- Registered at a drug treatment clinic with a diagnosis of alcoholism or drug addiction. The presence of the disease must be confirmed by a specialist.
- Bringing to justice for committing a crime against the life or health of a child, his mother, mother’s husband or other relatives.
In practice, failure to meet the child's needs is equivalent to abuse. For example, if the father refuses to buy food, seasonal clothing, or bed linen. In this case, the plaintiff does not have a court verdict to hold the citizen accountable.
The presence of culpable actions is proven with the help of a court decision to limit paternity. If the man has not restored his rights within 6 months, then the child’s legal representative must initiate deprivation of rights.
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| vip.shunechka |
| please tell me, can I deprive my ex-husband of parental rights for not participating in raising my son? We have been divorced for 4 years now, he didn’t communicate with us much, and now for 1 year he doesn’t call at all and isn’t interested in how his son is growing up, but he pays child support he pays regularly, but not exactly he, but his parents, but this does not change anything in principle. the child wants to change his patronymic and surname, the child is 6 years old, at what age can this be done?? Thank you!! |
| I want to draw the moderator's attention to this message because: Notification is being sent... |
| Assistant [email hidden] Belarus, Minsk Wrote 259 messages Write a private message Reputation: | #2[9096] November 28, 2011, 19:40 |
vip.shunechka wrote:
please tell me if I can deprive my ex-spouse of parental rights for not participating in raising our son, we have been divorced for 4 years now, he didn’t really communicate with us, and now for 1 year he doesn’t call at all and isn’t interested, how his son grows, but he pays child support regularly, but not really he, but his parents, but this does not change anything in principle. the child wants to change his patronymic and surname, the child is 6 years old, at what age can this be done?? Thank you!!
According to Art. 80 of the Code on Marriage and Family: Parents or one of them may be deprived of parental rights in relation to a minor child if it is established that: they evade the upbringing and (or) maintenance of the child; they abuse parental rights and/or abuse the child; they lead an immoral lifestyle, which has a harmful effect on the child; they abandoned the child and submitted a written statement of consent to adoption if they were separated from the child;
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| vip.shunechka [email hidden] Republic of Belarus, Minsk Wrote 5 messages Write a private message Reputation: | #3[9100] November 28, 2011, 21:05 |
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| Grelex [email hidden] Wrote 3 messages Write a private message Reputation: | #4[9389] December 6, 2011, 11:57 pm |
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| Lala [email hidden] Wrote 187 messages Write a private message Reputation: | #5[9391] December 7, 2011, 9:34 |
vip.shunechka wrote:
please tell me if I can deprive my ex-spouse of parental rights for not participating in raising our son, we have been divorced for 4 years now, he didn’t really communicate with us, and now for 1 year he doesn’t call at all and isn’t interested, how his son grows, but he pays child support regularly, but not really he, but his parents, but this does not change anything in principle. the child wants to change his patronymic and surname, the child is 6 years old, at what age can this be done?? Thank you!!
I am almost 100% sure that in your case it will not be possible to deprive your father of his parental rights, precisely because child support is paid regularly. Courts are reluctant to grant such claims.
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| OliaMyr [email hidden] Belarus, Gomel Wrote 37 messages Write a private message Reputation: | #6[9392] December 7, 2011, 9:45 |
Quote:
the child wants to change his middle name and last name, the child is 6 years old
I doubt the sincerity and awareness of such a desire in a six-year-old child. It is unlikely that a child at that age is capable of having such desires if they are not projected onto him by the mother. Somehow you wrote it incorrectly. and regarding the deprivation of parental rights, I agree with Ekonomist. Actually, you can’t argue against the code. I can only add that parents can be deprived of parental rights on the grounds provided for in Part 1 of Art. 80 CoBS, if their guilty behavior is established. This list of reasons is exhaustive. Each of them is independent for filing a claim for deprivation of parents or one of them of parental rights. Parents’ evasion of their responsibilities for raising children can be expressed in a lack of concern for their moral and physical development, health, education, preparation for socially useful work, maintenance, as well as refusal without good reason to take the child from the maternity hospital (ward) and other children's treatment and preventive and educational institutions and from persons who are raising the child (Part 3 of Article 80 of the Code of Children's Law). In this case, it does not matter the fact that the other parent or the child’s relatives care about his material well-being. The statement of claim for deprivation of parental rights must contain the basis for the claim for deprivation of the parents or one of them of parental rights. The following must be attached to the application: certificates or copies of birth certificates of children; reports of inspection of children's living conditions; conclusion of the guardianship and trusteeship body, approved by its head; protocols of internal affairs bodies related to the case under consideration, decisions of investigative bodies, copies of court verdicts, a written application for abandonment of the child, characteristics of the parents; if parents suffer from chronic alcoholism or drug addiction, relevant documents from medical institutions; information about the earnings or other income of the defendants, other necessary evidence. Termination of parental rights is a last resort. Therefore, the court, even if the guilty behavior of the parent is proven, in exceptional cases, has the right to refuse to satisfy the claim for deprivation of parental rights, taking into account the nature of the parent’s behavior, personality and other specific circumstances, warning the defendant about the need to change his attitude towards raising children and entrusting control to the guardianship and trusteeship authorities for their parental responsibilities
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