Restoration of parental care after deprivation of parental rights or other cases of loss of parental care

Every child has the right to live and be brought up in a family, the right to live together with and be raised by his parents, and the right not to be separated from his parents against their wishes, except in cases where the competent authorities, by court decision, determine in accordance with the applicable law and procedures that such separation is necessary in the best interests of the child (Article 8(1), Article 9(1) of the Convention on the Rights of the Child, Article 54(2) of the Family Code of the Russian Federation).

In order to ensure uniform practice in the application of legislation by courts when resolving disputes related to the restriction or deprivation of parental rights, as well as the removal of a child in the event of an immediate threat to his life or health, the Plenum of the Supreme Court of the Russian Federation, guided by Article 126 of the Constitution of the Russian Federation, Articles 2 and 5 of the Federal constitutional law of February 5, 2014 N 3-FKZ “On the Supreme Court of the Russian Federation”, decides

give the following explanations:

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.

Help from a family lawyer

Restriction, deprivation and restoration of parental rights are cases that are distinguished by legal and emotional complexity. It is almost impossible to cope with such a situation on your own. When faced with such problems, it is recommended to seek help from a family law lawyer.

The specialist will review the case materials and propose the optimal algorithm of action to achieve the desired goal in a short time. The lawyer will take over negotiations with guardianship authorities, appointment of examinations, interaction with government agencies, preparation of evidence and related documents.

For advice, please call or write to a lawyer online. Remember, everyone is equal before the law, and only a competent lawyer will be able to use all legitimate leverage to achieve the desired result and solution to the legal problem.

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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.

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:

1. 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).
2. 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.
3. 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.
4. 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.
5. Attachments to the claim. This can be any documents confirming the plaintiff’s arguments, as well as requests to obtain evidence and question witnesses.
6. 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.

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.

Official website of local government bodies of the city of Nizhnevartovsk

The procedure and grounds for restoration of parental rights.

When depriving parental rights, a parent loses all rights based on the fact of relationship with the child in respect of whom he was deprived of parental rights.

However, you should know that:

- by virtue of Article 71 of the Family Code of the Russian Federation, a parent can be restored to parental rights in cases where he has changed his behavior, lifestyle and (or) attitude towards raising a child,

- restoration of parental rights is possible only until the child reaches the age of majority (18 years old),

- restoration of parental rights in relation to a child who has reached the age of ten years is possible only with his consent,

— restoration of parental rights is not allowed if the child is adopted and the adoption has not been cancelled.

Restoration of parental rights is carried out in court.

In this connection, the parent must apply to the court with an appropriate statement of claim. A sample statement of claim for restoration of parental rights can be obtained from one of the information sites on the Internet, from the Office of Guardianship and Trusteeship, or you can seek help from a lawyer.

The statement of claim must be accompanied by documents confirming that the parent has changed his behavior, lifestyle and (or) attitude towards raising the child. These may be the following documents:

— a certificate from the bailiff confirming that there is no debt in payment of child support;

- documents confirming the parent’s right to use any residential premises, the absence of arrears in payment for housing and utilities;

- characteristics of neighbors at the place of residence, certified by housing department employees;

- characteristics of the local police commissioner;

- certificates, characteristics from the place of work indicating the position, period of work, average salary;

- a certificate from a psychoneurological hospital stating that the parent is not registered with a narcologist or psychiatrist.

Also, for filing a statement of claim in court, you must pay a state fee of 300 rubles. Bank account details for paying state fees can be obtained directly from the court, or on the official website of the court.

The statement of claim must be filed with the federal city (district) court at the child’s place of residence, i.e., if the child lives with a legal representative in the city of Nizhnevartovsk, therefore, the claim must be filed with the Nizhnevartovsk City Court at the address: Nizhnevartovsk, pr. .Pobeda, 4.

When considering a case in court, a parent has the right to bring witnesses to the court hearing who can confirm a change in the lifestyle of the parent deprived of parental rights and his attitude towards the child.

If the court satisfies the claims, the parent is restored to all rights in relation to the child, including the right to personal education of the child and to live together with him.

The procedure and grounds for canceling restrictions on parental rights.

Parents whose parental rights are limited by the court also have the right to file a claim with the court to cancel the restriction on parental rights if the grounds on which the parent was limited in parental rights no longer exist.

Cancellation of restrictions on parental rights is also considered only in court.

The procedure and grounds for canceling restrictions on parental rights are the same as for restoring parental rights.

However, a parent whose rights are limited, before the restriction is lifted, should know that, unlike persons deprived of parental rights, he may be allowed contact with the child if this does not have a harmful effect on the child. Communication with a child is permitted with the consent of the guardianship and trusteeship authority or with the consent of the guardian (trustee), the child's adoptive parents or the administration of the organization in which the child is located.

For all questions regarding the restoration of parental rights, the lifting of restrictions on parental rights, you can contact the Department of Guardianship and Trusteeship of the Nizhnevartovsk City Administration at the address: Omskaya St., 17, office No. 5, office hours: Tuesday, Wednesday, Thursday, from 9.00 to 17.00, break from 13.00 to 14.00, contact numbers: 42-26-61, 42-28-98.

Deprivation or restriction

The Family Code provides for two types of influence on parents who do not fulfill their responsibilities: restriction or deprivation of parental rights.

• Restrictions on parental rights. Art. 73 ch. 12 of the RF IC provides for the restriction of one of the parents (or both) in his rights in the event that cohabitation is dangerous for the child, and there are no sufficient grounds for deprivation.
• The restriction is set by the court for a period of up to six months. After this period, if the reasons are eliminated, the restriction on rights is canceled (Article 76).

Deprivation of parental rights is determined by Chapter 12, Article 69 of the RF IC). Only a court can deprive parents of their rights.

The period of deprivation is not established. There may be several reasons:

• voluntary abandonment of children;
• cruel treatment;
• unwillingness to fulfill parental responsibilities;
• alimony debt.

List of documents

To restore your previous privileges, you need to prepare the following package of documents and certificates:

• receipt of payment of state duty;
• a statement of claim to a judicial authority;
• passport of a citizen of the Russian Federation;
• characteristics from the place of work or service;
• a certificate confirming the availability and level of official income;
• certificate from the place of residence (extract from the house register);
• documents confirming the absence of debts;
• a certificate of consent of the other party to restore custody.

All this must be prepared in advance, and then an appropriate appeal must be made to the justice authority for civil procedural proceedings.

Important. At the stage of the court hearing, the interested person must show and convince the court of the advisability of restoring his previous powers.