Restoration of parental rights: basis, procedure, claim

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Published: 02/26/2017

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Deprivation of parental rights is currently considered as an extreme measure that the state can apply to those parents who do not fulfill their responsibilities in raising children, or who do, but allow gross violations of behavior towards their descendants.

That is why the Family Code provides for cases where the restoration of rights that a parent has been deprived of is possible.

Legislative regulation of restoration of parental rights
Under what conditions can parental rights be restored?
What documents should be prepared
What problems may arise

Grounds for deprivation of parental rights

Malicious, that is, two or more months, evasion of alimony payments. The mere fact of non-payment for two or more months does not mean a malicious nature; it is desirable that the defaulter be brought to administrative or criminal liability for this fact.
Refusal without good reason to take your child from a maternity hospital, medical or other organization.
Abuse of parental rights.
Chronic alcoholism or drug addiction.
Committing a deliberate crime against the life or health of their children, other parents or children.

A person who has been deprived of parental rights cannot

Meet with your child.
Participate in his upbringing.
Receive child support from your child if he becomes unable to work.
Claim the property of a minor child.
Deprived of the opportunity to adopt another child.

Chances in case of adoption

Previously, when we discussed the grounds for denial of rights restoration, adoption was on the list. Theoretically, there is a chance, but for this you will have to go through a very long and complex process:

At the first stage, it is important to challenge the adoption and invalidate it. We need compelling arguments that deprivation of parental rights or subsequent adoption violates the rights and legitimate interests of the child. If such a claim is satisfied, you can proceed to the second stage.
Next, we follow the standard procedure - file a claim for restoration of parental rights, attach evidence and documents. Each of the two processes has a clear legal structure and does not overlap with each other.

Restoration of parental rights

Now let's look at the procedure and grounds for restoring parental rights.

Grounds for restoration of parental rights:

Lifestyle changes.
Normal living conditions.
Official employment.
Positive references from your place of work and place of residence.

It is important to know!

To restore parental rights, it is necessary to eliminate the grounds on which parental rights were deprived;

To restore parental rights, it is necessary to eliminate the grounds on which parental rights were deprived:

That is, if a parent abused alcohol or used drugs, it will be necessary to provide a certificate stating that the person has recovered from alcohol or drug addiction. And also provide the testimony of two or three witnesses.
If the basis for deprivation was poor financial situation, then you will need to find an official job with a stable income and provide a personal income tax certificate.
If the guardianship and trusteeship authorities have determined that the housing conditions do not comply with sanitary and technical standards, repairs will need to be made.

Necessary documents for the court

It is difficult to compile an exhaustive list of documents, but practice shows: the more there are, the better. To confirm the seriousness of your intentions and return to raising a child, you need references (from your place of work, from neighbors) and a number of certificates:

Medical (from a narcologist, psychotherapist, local doctor).
About the absence of a criminal record or its expungement.
About income.
About payment of alimony and absence of debt.
About visits to a child while the latter is in a boarding school or under guardianship.
On the availability of housing that meets the living conditions for minor children.

The procedure for restoring parental rights

Contact the guardianship and trusteeship authorities to draw up an act on living conditions, which will subsequently be attached to the materials of the court case. When preparing the act, the guardianship may also interview neighbors.
Collect evidence of eliminating the grounds on which the deprivation of rights was carried out.
File a statement of claim and go to court.
Receive a court decision after it comes into force and restore parental rights.

It is important to know!
If the child has reached the age of 10 years, his consent to the restoration of his rights will be asked at the court hearing. If the child is against restoration, his opinion is decisive.
The court sends an extract from the decision to restore parental rights to the following organizations:

To the guardianship and trusteeship authorities.
In the registry office at the place of state registration of the child’s birth.
At the MFC, if the birth was registered at the MFC.

What documents should be prepared

To consider the case of restoration of their rights to parents who were previously deprived of such rights, applicants for restoration will need to prepare a certain list of documents that should be submitted to the court:

Statement of claim for restoration of previously lost parental rights;
A copy of the writ of execution confirming the actual removal of the child from one or both parents;
Documents confirming the absence of alimony arrears or its full repayment;
Medical certificates that can confirm that parents are free of their existing addictions (for example, a certificate of completion of treatment for alcohol or drug addiction);
Any other documents that can confirm the fact of correction of the parents.

The court will consider the submitted documents and decide on the need to include them in the case, including for subsequent proof of the legality and validity of the parents’ demands for the restoration of their rights to raise a child in respect of whom they were deprived of such rights.

The entire process of restoring previously lost parental rights consists of only four stages:

Filing a claim for restoration of rights;
Providing evidence of the legality of the requirements put forward;
Consideration of the case by the court and making an appropriate decision;
Receipt of a writ of execution (in case of a positive decision) or a court decision with a note about its entry into force (for further appeal).

Each stage has its own rather serious significance, so they need to be considered in more detail.

The first stage should be the formation and filing of a claim for restoration of parental rights in relation to one or more children. In the event that claims are filed in relation to each child separately (for example, with different defendants), then it is possible to consider several cases at once.

The statement of claim will need to reflect in detail under what circumstances and to what extent the parent’s ability to exercise his rights was limited.

At the same time, the text of the application should also indicate when and by which court the relevant decision was made.

In addition, in the text of the statement of claim, a parent who wants to be restored to his legal rights regarding his children must describe in detail exactly how he achieved a change in his lifestyle, as well as how much he revised his behavior regarding upbringing children (since the main right and responsibility of parents is direct participation in the upbringing and education of children until they reach adulthood).

The second stage in the algorithm for restoring parental rights will be the collection and submission of all necessary evidence. In this case, the evidence should be divided into two groups:

Documentary;
Non-documentary.

The first group will include all those certificates, agreements and other documents that can prove the fact of positive changes in the lifestyle of a person who wants to restore his parental rights in relation to one or all children (including documents confirming the absence of arrears in child support or passing , if necessary, treatment to get rid of existing addictions, documents confirming the availability of a permanent place of work with a salary level sufficient to ensure normal living and maintenance of the child).

Non-documentary evidence should include testimony of witnesses,

interrogated during the court hearing, as well as specialists and experts, if their research should be used during the consideration of the court case (for example, witnesses can testify that the parent has taken the path of correction and got a job, and the expert makes an opinion that , that based on the results of special research it was established that the parent completely got rid of his addictions).

At the third stage of the entire algorithm, the court hearing itself takes place, during which all presented materials are examined in detail, and plaintiffs, defendants, third parties (for example, representatives of guardianship and trusteeship authorities who act in the interests of the child) are questioned, as well as the child himself, if he reached the age of ten years. The court determines whether all the information provided by the plaintiff is true , and also finds out the opinion of the child and representatives of the authorized bodies that protect the interests of such a child on the subject of the case.

Receiving a writ of execution or a court decision is a separate stage, since it is significantly separated in time from the court session itself, and is also an independent legally significant action, since it either changes the status of the plaintiff (if a positive decision is made and a writ of execution is prepared), or opens up the possibility of challenging the decision (if the restoration of parental rights was denied).

The process of divorce through the registry office is simpler and faster than through the court. In what cases is it possible to divorce at the request of one of the spouses and how should this be done? Find out about it here.

What is protection of parental rights and what are its main methods? Detailed information on this issue is in this article.

Who is the plaintiff and who is the defendant?

A parent who was previously deprived or limited in rights can act as a plaintiff. If the court made a similar decision in relation to not only the father, but also the mother, they can file a joint application for restoration.

The defendant in such cases is usually the other parent with whom the child lives. If the decision on the selection was made by the guardianship and trusteeship authorities or the prosecutor's office, after which the children were placed in an educational institution, and the parents were not informed of their whereabouts, then the defendants will be the authorized representatives of these authorities. In the case where the child was handed over to guardians or to a foster family, these citizens will be defendants in the case.

When can one be restored after deprivation or restriction?

Removal from the family, deprivation or restriction of parents' rights is a measure that the courts take only when absolutely necessary. The grounds on which such a decision is made are set out in detail in the reasoning part. The father or mother needs to begin preparing for the restoration of parental rights by studying this document in detail. Next, any reasons why the judge might refuse to return the child must be addressed.

If the parent changed his behavior, got rid of harmful addictions, got a job and was able to organize normal living conditions for the child, the court will satisfy the plaintiff’s demands. According to judicial practice, a petition can be filed only after six months , since this period is given to the parent for correction. A claim filed earlier than 6 months will most likely be rejected.

Legal consequences

After the restoration of parental rights, all consequences of deprivation are automatically removed.

The parent acquires the following rights and responsibilities:

care for and care for the child;
educate him;
support a child;
protect and represent his interests.

A parent can also demand care and maintenance from a child in old age.

Time limits for court decisions and costs of the procedure

The court can resolve the case in one meeting, or consider it for several months. This is due to the fact that the timing of the consideration of the case largely depends on the grounds that served as the reason for the deprivation of parental rights.

If the plaintiff was deprived of his rights for cruelty to a child or a crime committed against him, the judge will definitely order a comprehensive psychological and psychiatric examination. This is necessary in order to determine how safe it is for the baby to communicate with such a parent.

The costs of paying for the examination are borne by the interested party , that is, the plaintiff. If he is unable to pay the expense, he may request that the payment be distributed among all parties.

The plaintiff is also required to pay a state fee for consideration of the case in the amount of 300 rubles.

Trial.

No more than two months are allotted for consideration of the claim. This period can be extended only due to valid reasons, the existence of which will be provided with relevant documents.

If the case ends in favor of the plaintiff, the court will issue its decision, which will be the basis for raising the child.

Note! There is often a situation where the court has decided to restore a parent’s rights, but the other parent does not allow the child to communicate. This is an illegal action.

A person whose rights have been restored can again go to court to establish the order of communication.

A parent who prohibits communication must remember that such a decision may result in administrative penalties. After all, this is a direct violation of the rights and freedoms of the child.

What happens after receiving a court decision.

An extract from the court decision is sent to the registry office.

Only 3 days are allotted for this. Civil registry office employees must make changes to the child’s documents.

Now parents have the right to freely live with their child and raise him, and child support is cancelled. In other words, the parent’s rights are restored in full.

Filling out a statement of claim

The structure of the claim for restoration of rights is similar to all others and consists of the following parts:

Caps - indicate the names and addresses of all participants in the process (guardianship and trusteeship authorities, the defendant, the plaintiff himself, the prosecutor's office, the court).
Descriptive part. The plaintiff indicates who he is related to the child, why, when he was deprived of his rights, refers to the court decision.
Motivations, where the plaintiff proves that the reasons that served as the basis for deprivation of rights have already disappeared. For example, he no longer abuses alcohol or drugs, has created the proper conditions for raising a child, wants to participate in his life, and receives sufficient income to support the child.
The operative part of the plaintiff, referring to articles from family law - Art. 72 of the RF IC, Articles 131-132 of the Code of Civil Procedure of the Russian Federation - asks to restore his rights in relation to the child (full name and date of birth are indicated). Additionally, you can file a demand for the removal and transfer of the child to the parent, in which case the court will consider it as part of the main claim.
Attachments to the claim. This can be any documents confirming the plaintiff’s arguments, as well as requests to obtain evidence and question witnesses.
Signatures of the plaintiff and the date of the document.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 350-29-87

The courts may leave the claim without progress or not accept it at all if the number of copies of documents does not correspond to the number of parties participating in the case.