Limitation of parental rights as a measure of liability for failure to comply with a court decision on raising a child

If parents are unable to cope with their responsibilities, they are protected from raising children and living together with them. The Family Code of the Russian Federation (RF FC) provides for the restriction of a child from his mother (father) if they cruelly treat him or humiliate his human dignity. Unlike deprivation of parental rights, restriction is a preventive measure established for a strictly established period.

Restriction of parental rights can be initiated by any person interested in respecting the rights of a particular child: immediate relatives, guardianship authorities, government organizations. You can learn more about who has the right to bring a claim to court from specialists. They will tell you who exactly is considered the child’s closest relatives.

What is a restriction on parental rights?

Prohibiting one (or both) parents from participating in the upbringing of a minor child is called restriction of parental rights. It is awarded more often than deprivation of rights, and gives a chance to restore a normal family. The state protects the minor even if the parent has not yet done anything wrong, but may do so.

Close relatives, guardianship authorities, and grandparents can act as plaintiffs in court. They carry a package of documents indicating a violation of the child’s rights. Representatives of the guardianship authorities check living conditions in the family and interview neighbors. If it is confirmed that the child’s rights are being violated or he is in danger, the claim will be accepted.

A court hearing is held, the defendant is given a period of 6 months in which he must change his life. During the period of restriction, the parent's behavior towards the child is under strict control. At the same time, the father (mother) continues to support his son (daughter) and pays alimony. If during this time no positive changes occur, then the process of deprivation of parental rights is initiated.

Arbitrage practice

A frequent basis for limiting parents' rights is the fact of alcohol abuse.

First case

Thus, citizen A in July 2013 was limited in her rights in relation to her two minor children by the Baumansky District Court of Moscow. The reason for the restriction was A's abuse of alcohol and inadequate care of her children, and A often spent the night outside the home where she lived with her husband and children. Five months later, citizen A applied to the court for restoration of parental rights, reporting that she had undergone treatment at a drug treatment clinic for alcoholism. The husband confirmed at the court hearing that the plaintiff stopped disappearing at night and drinking alcohol, and also got a job (the court was provided with an extract from her work record book).

An employee of the guardianship authorities confirmed positive changes in the family, and the court, guided by Art. 76 of the RF IC, restored A to her rights as a parent.

Second case

The Pskov City Court decided to limit the parental rights of citizen S for malicious evasion of alimony payments, and also warned the defaulter about the possible complete deprivation of his rights as a parent if he continues to evade the maintenance of his minor son. After three months, citizen C paid off all arrears of alimony and began to regularly make payments, which the court was notified about in a statement of claim for restoration of parental rights.

The court, having considered the case of S, decided to restore the plaintiff in his rights as a parent, but left the son to live with his mother, taking into account the child’s desire for this, voiced in the presence of a psychologist.

Differences between restriction and deprivation of parental rights

Both measures are established by the court, in which the prosecutor and representatives of the guardianship and guardianship authority must participate. The differences lie in the legal consequences of application. Deprivation of parental rights is a more severe measure than restriction; it is awarded in extreme cases.

Both deprivation and restriction of rights give parents the opportunity to change their views on family values ​​and attitudes towards their children. This is both a punishment and a tool for preventing unfaithful behavior of one or both spouses. However, returning deprived rights is much more difficult than canceling the restriction of parental rights.

How to prove the existence of grounds

Since a decision to limit parental rights can only be made by a court, the person interested in this must necessarily file a claim there with certain documents. These include papers confirming the existence of grounds for applying the measure .

For example, these could be:

• certificates of calling representatives of the police authorities or copies of protocols drawn up on the fact of violation (in particular, on the fact of organizing a drug den);
• expert opinions on the child’s physical or psychological health;
• certificates about the amount of alimony debt;
• characteristics from the district police officer.

Also, testimonies of neighbors or other persons (relatives, teachers, medical workers) can be used as evidence.

After filing a claim, the guardianship and trusteeship authorities will carefully check the conditions in which the minor lives and, based on the fact of the check, will make a written conclusion (act), which will also be attached to the case. Obviously, the more evidence of a violation on the part of the defendant is provided to the court, the greater the chance of a positive outcome of the case.

Find out more about the rights of a father to a child in a civil marriage. Do you need to file a claim for restriction of parental rights? In our article you can read useful tips on drafting a document.

What is abuse of parental rights and how does it manifest itself? We talked about it here.

Both parents can have their rights limited

Both the father and the mother may have their rights limited, and the reasons for the award are somewhat different. The Family Code of the Russian Federation (FC RF) contains clear provisions regarding restrictions on the rights of parents (one of them) (Article 73). The main reason: the behavior of the spouses, which can negatively affect the psyche or harm the physical health of children.

A father falls under this article if he treats a child rudely and cruelly, humiliates his human dignity, drinks, or uses drugs. In relation to the mother, unsatisfactory physical or psychological health is added to the reasons for restricting parental rights.

Differences from deprivation

Limitation of parental rights is often confused with deprivation of them, but in practice these measures have certain differences.
First of all, deprivation of rights is the most severe, extreme measure, which is already applied if previous methods (including restrictions) did not bring the desired result. The main difference between them is the time frame over which the impact occurs. Rights are deprived for an indefinite period, until the child ceases to be a minor. They limit it only for a certain period (up to six months), during which the behavior of the parents is observed.

Also, with restrictions, the father or mother may be allowed to see the child, but only on the condition that this will not harm him or pose a danger to him.

This is established by Art. 75 IC RF.

If deprived, such an opportunity will not be provided under any circumstances.

How long can restriction of parental rights last?

The law defines the validity period of the restriction as 6 months. When they pass, the measure is either removed or changed to a more stringent one - deprivation of parental rights. The first occurs if the defendant has reformed, restored the relationship with the child, and does not refuse to raise and support him. Only a judge can terminate the restriction early.

However, Russian legislation does not prohibit extending restrictions. The period can be extended or assigned indefinitely, for example, in the case of mental illness of the father (mother). In this case, documents and testimony must be provided proving the fact of mental impairment.

The second outcome of the case: preventive measures did not bring results, and the father (mother) continues to behave in an “obscene” manner. A court hearing is scheduled to terminate parental rights. This is a more severe punishment, promising parents harsh consequences.

Procedural nuances

Restrictions are possible for any period, including six months. If the parents do not change their lifestyle, then the guardianship service or other authorized persons (educational, social organizations) are obliged to file a claim in court to deprive the parents, or one of them, of the rights to the child related to the fact of kinship.

In order to protect the interests of a minor, a claim can be filed before the expiration of the six-month period allotted for correction of the parents if the guardianship or other authorized organization comes to the conclusion that the measures provided for by the restrictions are futile.

A claim for restriction can also be filed by one of the parents, the legal representative of the child. A claim can be filed by any person who is legally obliged to protect and defend the rights of children. Preschool organizations (kindergartens, etc.), general education institutions and other legal entities authorized to protect the rights of minors have the right to sue.

Cases of restriction should be considered with the participation of the prosecutor and guardianship authorities. Their position is decisive. The guardianship authorities visit the family in which the minor is actually located, study the living conditions of the child and his parents (establish sufficient support for the minor, the employment of the parents).

Any circumstances that the guardianship deems important and influencing the living conditions of the minor may be important - even the selection of food in the refrigerator at the time guardianship representatives visit the home of the child and his supposedly dysfunctional parents.

Expert commentary

Kamensky Yuri

Lawyer

The law does not limit the number of visits by guardianship authorities to the apartment or house in which the child lives. Representatives of socially oriented administrative authorities are not even obliged to warn parents or other legal representatives of a minor about their next visit.

The family may be registered with the guardianship authorities or the social department of the local administration as disadvantaged, which increases the risk of having limited parental rights. The position of the prosecutor depends on the opinion of the guardianship authority. Copies of inspection reports of housing conditions and conclusions for the court are sent to the prosecutor. He also has the right to file a claim for the protection of the rights of minors independently and to notify the guardianship authorities and other persons about the decisions made. Representatives of the guardianship authorities and the prosecutor's office are required to attend the trial (Articles 73, 78 of the RF IC).

Collection of alimony

Simultaneously with the restriction, the court must assign an amount of financial support to the child, if it has not been paid previously or if a notarial agreement has not been reached to receive it in a contractual manner. Financial support for a minor can be provided as a share of income or a fixed amount.

When collecting a share of earnings, a court order can be issued - on the basis of the Code of Civil Procedure of the Russian Federation - Ch. 11. If the debtor does not raise reasonable objections to the document - within 10 days from the date of the order, then the citizen, being limited in parental rights, is obliged to pay part of his income to the child or several children. The sizes of shares that are withheld as alimony for minors are indicated in the RF IC - Art. 81.

The procedure provides for mandatory and timely notification of the parties about the time and place of the proceedings. Preparation for the case is required. The parties voice their procedural position on the case and exchange written or other evidence. The court establishes the range of circumstances that are subject to proof, determines the rules of law and specific laws necessary to make a decision on the merits.

The court is obliged to hear explanations from all parties to the case, examine evidence - written information, video recordings, testimony of witnesses. Defendant: one of the parents or both co-defendants has the right to give explanations during the case, present their evidence, including information about income, lifestyle and employment. It is possible to hear the opinions and testimony of children, especially those over 10 years of age. They testify in the presence of a social educator. The conclusions of a psychologist and other specialized specialists may be presented as evidence. The court makes a final decision after examining all the evidence, hearing the explanations of the parties, debates in which the prosecutor, defendants or their legal representatives (for example, when parents are incompetent or have limited legal capacity) and a lawyer take part.

Expert commentary

Potapova Svetlana

Lawyer

If the court decides to limit parental rights, then within three days from the moment the decision comes into force, it must send a court extract to the registry office at the place of registration of the birth of a minor child, or to the MFC (if the birth certificate was issued at a multifunctional center).

Grounds for restriction of parental rights

The grounds for applying this measure to parents (or one of them) are specified in Article 73 of the Family Code of the Russian Federation. Note that some reasons may exist, or they may only threaten the child. For example, there is no physical violence, but it is obvious that it can happen.

List of possible reasons:

• the father (mother) does not have the opportunity to be with the children for reasons beyond their control that pose a danger;
• communication and living with the father (mother) threatens the life of the child;
• lack of proper care and supervision;
• there is an unhealthy family situation (alcoholism, fights);
• physical or mental violence is applied to a minor;
• parents are involved in criminal activities;
• one of the spouses does not pay alimony.

Cancellation of restrictions on parental rights

To cancel the restriction of parental rights, judges and plaintiffs need evidence that the parent overcame a difficult situation and resolved problems in relations with children. If this happens, a new trial is held, which will result in the restrictions being lifted.

Stakeholders: relatives, guardians, trustees - must make sure that the parent’s lifestyle has changed. The abolition of restrictions on parental rights will be completely fair if the child himself confirms that he is comfortable in the family. The court considers, first and foremost, the interests of the children.

Sources:

“Family Code of the Russian Federation” dated December 29, 1995 N 223-FZ (as amended on March 18, 2019). Articles 73–76, 69–71

How to cancel a court decision?

The court removes temporary restrictions on parents. To initiate this process, a person must submit an application to the court. The plaintiff will need to prove that the threat to the child's health has been eliminated. The mother or father's arguments must be supported by evidence. When preparing documents, it is necessary to pay attention to the reasons for which parental rights were lost.

Can be presented to the court:

• Certificates from medical institutions;
• Testimony from neighbors and acquaintances;
• Conclusions of guardianship authorities.

During the process of lifting restrictions, the judge takes into account the child's opinion. It is not always the case that a minor who has been humiliated for a long time wants to return to his family.