Application for withdrawal of paternity (model)

• The deprivation of parental rights is a procedure that requires great moral and physical effort.
• The defendant in such proceedings is usually an unfriendly father who does not support the child, does not participate in his upbringing or even wants to communicate with him.
• Many people don't always understand how to start a trial, because it's only half a job to fill out a model application for paternity.
• In order for the court to consider the situation comprehensively, taking into account individual circumstances, some legal nuances must be known.

The deprivation of paternity is regulated by articles 69 to 71 of the Family Code of the Russian Federation, which stipulate that the following persons may avail themselves of the right of action:

1. Mother of the child.In this case, the right of action is confirmed by the fact that the birth certificate is related.
2. Guardian/guardian.It was important to know that guardianship and guardianship should be official: for example, grandparents who did not have formal guardianship could not deprive their grandchild of his father ' s parental rights, and official guardians could bring such proceedings even if there was no kinship.
3. The guardianship and guardianship authorities, the Public Prosecutor ' s Office and the bodies protecting the rights of the child, upon application by third parties.It is up to these institutions to appeal to citizens who do not have the right to file an action in the case of deprivation of paternity, applying for it, and who, in turn, after a thorough examination of the circumstances, can grant them the request.

If you decide to initiate legal proceedings against the father and child, it is important to know that a citizen deprived of paternity will forever lose any rights based on a relationship with the child.

Only the judicial authorities have the power to deprive a citizen of his or her parental rights; for this purpose, it is necessary to draw up a valid complaint before the court at the place of the defendant ' s or father ' s register.

How do you write a claim for paternity?

Model application for withdrawal of paternity

It must be written and contain all the necessary data, clearly and in a legally sound manner.

In the case of an incorrect claim, the court may legally refuse to hear it.

Article 131 of the Code of Criminal Procedure sets out how to draw up an application for the deprivation of paternity. There are no special drafting requirements, but it is worth taking into account certain formalities for the court to take action:

Form the "step" of statements correctly:

• The name and address of the vessel shall be correct;
• The data of the plaintiff and the respondent must be complete (specify all known contact details);
• Identify and specify in the claim the custody to be involved in the case.

Please write on the "television" of the application:

• The specific facts in favour of the deprivation of the rights of the child and the timeline of your family relations;
• Please specify the articles of the law to which you refer;
• Please provide full and consistent information on the requirements in the request section.

1. Make sure you pay the civil servant's fee for the trial (no legal action will be taken without payment).
2. All necessary documents shall be filed with the judicial authority, together with the claim, in order for the court to examine the case in full.
3. In order to be correct in the claim, it is necessary to know the grounds for the court ' s consideration of the claim, including:

• Refusal to perform parental duties;
• Avoidance of the payment of maintenance;
• Abuse of children ' s rights;
• Alcoholism or drug addiction in the father;
• Violence against the child;
• The offence committed against the child or his mother;
• I don't want to take the baby out of the hospital.

The text of the declaration must necessarily include one or more grounds, give representative examples and describe them in detail.

The left corner of the application form (form A-4) shall contain the following particulars:

• The full name of the vessel;
• Claimant ' s data: for legal persons, the name of the organization, its address (legal), FIO head; for natural persons, FIO, address (registration and actual), telephone and e-mail;
• The representative ' s details, the details of the power of attorney (if any);
• The defendant ' s data (similar to the plaintiff ' s);
• Data from the prosecutor who confirmed the claim;
• Data from the guardianship authority that issued the certificate on the merits of the case.

In the narrative of the application, the claimant must describe in detail the specific facts of the child ' s unlawful treatment and make his claims (deprivation of the father ' s parental rights, recovery of alimony).The following should be indicated:

• The age of the child and the details of the birth certificate (if the child has a passport, passport data);
• The details of the marriage certificates, divorce (if any) when they have ceased to live together;
• The grounds for the deprivation of paternity;
• Evidence of unlawful treatment of the child and any argument in favour of the deprivation of paternity;
• I'm asking you to take away your paternity.
• I don't know who's gonna take custody.

In conclusion, list the attached documents, sign and date of writing.

Model statement of claim with commentary

• To court _
• Address:................................................
• Claimant: FIO
• Address:................................................
• Phone:_
• El. mail:_
• Defendant: FIO
• Address:................................................
• Phone:_
• El. mail:_
• Third persons:
• Address:................................................
• Phone:_
• El. mail:_
•                                                  EXPLANATORY STATEMENT
• :: deprivation of parental rights (+ additional requirements in the title, if any)

I, FIO, have been married to the FIO since I was divorced.

In __, we had a child of the FIO,... (date, place of birth), and the father of the child is the FIO, the mother of the child of the FIO.

The relationship with the father has been terminated since ___, and since then, the child of the FIO has been living with me at the address of __.

The child ' s relationship with the FIO ' s father is structured in this way (to indicate how the father communicates with the child and what is not appropriate).

• The father has not been in contact with the child since __;
• The father has neither kept a child nor helped financially since __;
• The father is abusing alcohol or drug addicts;
• The father uses cruel methods of upbringing: he beats and puts pressure on the child ' s mental health;
• Other violations of the rights of the child.

1. Next, we need to strengthen our position from the point of view of the law.
2. In accordance with ___ (Constitution, Family Code), the child has the right to __.
3. The father of the FIO, who __ (indicate negative attitudes towards the father towards the child), has violated the above-mentioned rights of the child.
4. Given the behaviour of the FIO father and his improper treatment of the FIO child, their relationship does not work out, the child (state the child ' s attitude towards the father and his opinion that his father is deprived of his paternity):

• Afraid of the FIO's father.
• Doesn't want to see the FIO's father;
• is not aware of the relationship with the father of the FIO, since the FIO has been raised since birth.

In accordance with article 69 of the Code of Criminal Procedure, parents are deprived of their rights to children if they wish to be deprived of their rights under articles __ above, as well as the fact that the child is deprived of his/her rights to his/her children (state the child ' s condition and his/her attitude towards his/her father).

Please:

1. Deny the defendant of the FIO of parental rights to the child of the FIO ___ (date, place of birth, birth certificate requisitions), determine the child ' s residence together with the FIO (parent/guardian).
2. Other claims (order of maintenance, etc.) may be indicated here.

List of attached documents:

1. A photocopy of the statement.
2. A photocopy of the plaintiff's passport.
3. Cerocopies of the marriage certificate
4. A copy of the divorce certificate.
5. A photocopy of the birth certificate.
6. Other documents, depending on the grounds.
7. A receipt of the payment of the mistress.

FIO plaintiff Signed Date

Additional documents

As can be seen from the final part of the sample, additional documents must be provided to the court.

• A copy of the suit for all persons in the case;
• copy of the child ' s birth certificate or passport,
• a copy of the complainant ' s passport,
• Copies of the marriage and divorce documents;
• Any documents as grounds for disenfranchisement;
• Reports of the father ' s income (for the recovery of maintenance);
• The address of the children;
• A payment certificate from the Minister's office.

The documents supporting the deprivation of paternity may be:

• Medical certificates to record the father as an alcoholic or a drug addict;
• Medical reports on child injuries resulting from ill-treatment;
• Certificates of maintenance arrears;
• Police reports on the father ' s antisocial behaviour and the existence of a criminal record;
• Acts from educational institutions on the lack of care for the child and on the neglect of teachers;
• Acts and other documents relating to the dispute from the guardianship and guardianship authorities;
• Testimony;
• Other documents to establish the truth in the case.

In 2017, the fee for such a claim is 300 rubles; however, depending on the additional requirements, it may be increased.

Payment can be made in banks or through payment systems without a commission; some courts already have terminals for this purpose.Charges are listed on information stands in the courts, and many of them provide forms with printed data.

Unfortunately, it's common practice to deprive fathers of paternity, and often fathers don't want to raise their children and pay alimony for them. For a mother to take away a father's rights to a child is the best way out, because a single mother can get extra benefits.

Dear readers, the information in the article may have become obsolete, use free advice by telephone: Moscow+7 (499) 288-73-46Saint Petersburg+7 (812) 317-70-86or ask the lawyer through the feedback form below.

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Application for deprivation of parental rights

How do you write and file a claim for the deprivation of parental rights with the courts?

They don't pay alimony, they don't want to see and talk to the baby, they don't help the kids, and it's not uncommon for parents like that to get alimony from their kids when they're old.

In order to save the child from problems in the future, it is necessary to prepare and file a complaint with the court for the deprivation of parental rights of an unsound parent.

What is deprivation of parental authority?

The deprivation of parental rights means depriving a parent of the right to raise his or her child; the deprivation of parental rights includes the lock-in of the child ' s and the disenfranchisement of the parent ' s rights, care for the child ' s health, education, upbringing and development.

Persons deprived of parental rights lose all rights based on the fact that they are related to their children; they are no longer legally considered to be their parents, their descendants are no longer their relatives; such parents are not entitled to claim inheritance, maintenance, benefits and benefits related to the presence of their children.

If a citizen has more than one child, the deprivation of one of his rights shall not deprive him of the rights of the other, and every child shall be subject to a court decision.

Who has the right to file a claim for deprivation of parental rights

It is not for everyone to file a claim for the deprivation of parental rights; the law stipulates that only certain categories of citizens or public authorities enjoy the right of recourse to the courts.

First, one of the child ' s parents (mother or father) may file a claim for parental disenfranchisement against the second parent.

In this case, the right of submission is confirmed by the very fact of the relationship with the child, as confirmed by the entry in the birth certificate.

Secondly, the child ' s guardian or guardian may be the plaintiff, but it is important that custody and guardianship be officially established, and that the guardian be both a relative of the children and a total stranger.

The parents and guardians have the right to request the deprivation of parental rights of both parents, and it should be noted that grandparents have no right to file a claim for the deprivation of parental rights without the issuance of guardianship.

 

Third, special bodies for the protection of children ' s rights (procuratorship, guardianship authorities, administration of shelters, children ' s homes and specialized institutions for children) have the right to file a claim for the deprivation of parental rights, which must be addressed to citizens if they do not themselves have the right to deprive parents of their rights to children by applying to the courts for a claim.

Grounds for deprivation of parental rights

The grounds for depriving parents of their parental rights are set out in article 69 of the Family Code of the Russian Federation, which includes:

• Avoidance of parental responsibilities;
• Random evasion of maintenance;
• Failure to remove the child from the maternity home or a special institution for children;
• Abuse of parental rights;
• Child abuse;
• Chronic alcoholism or drug addiction;
• The commission of an intentional offence against the life or health of their children or against the life or health of the spouse.

This is an exhaustive list of the grounds for the deprivation of parental rights; the text of the statement of claim must state one or more of these grounds; in addition, a detailed description of the grounds for the particular case should be provided, with the most specific examples.

Formulation of a claim for deprivation of parental rights

The hardest thing about depriving parents of their parental rights is to start this process. It is not always clear where to start and how to act. Even through the psychological barrier, there are always problems in justifying their position, doubts about the validity of these actions, so it is necessary to be sure that the deprivation of parental rights is not necessary.

The best way to begin the process of deprivation is to visit the guardianship authority in its place of residence; the inspector will listen, make recommendations, and outline the future of the case.

With experience in dealing with such situations, he would be able to advise on how best to proceed, what to do and what evidence would be required in court.

The guardianship authority must be involved in such cases, examine housing and living conditions, and conclude that parental rights may be revoked, so that they should be in good contact immediately.

The text of the statement of claim should detail the family situation, describe when the defendant lived with the child, why he or she ceased to communicate, what assistance he or she provided and when he or she provided.

The child ' s attitude to this process should be described; it should be borne in mind that a child over 10 years of age will be called to court and will state his/her position on the possibility of depriving the child of his/her parental rights; therefore, the child must be prepared in advance, interviewed and explained why.

Submission and processing of a claim for deprivation of parental rights

An action is brought before the District Court at the defendant ' s place of residence, and when a claim for deprivation of parental rights is filed, the State Department is not paid because the application is filed in defence of the rights of the minor child.

In cases of deprivation of the rights of the father (or mother), the representative of the guardianship and guardianship authority and the prosecutor must be involved.

Sometimes the question arises: if the defendant lives in another city, which guardianship authority and prosecutor to bring to trial? Judicial practice indicates that there is a need to involve bodies located in the same district as the court.

When considering the case and deciding on the matter, the court is obliged to decide who will be handed over to the child after the deprivation of parental rights; therefore, in the application, the claimant should substantiate his or her position on the matter; the child may be handed over to another parent, guardian or guardianship authorities.

The final judgement decided on the question of the recovery of child maintenance, and the plaintiff ' s position on the amount of maintenance and the manner of the penalty would also be taken into account by the court.

We recommend that the general rules for the processing of the application be adhered to in the drafting of the claim for deprivation of parental rights before the court.

Model application for deprivation of parental rights

• B________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
• (name of court)
• Claimant:________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
• (FIO in full, address)
• Defendant: ____________________________________
• (FIO in full, address)
• The guardianship and guardianship authorities shall:
• (full name, address)
• The Prosecutor: ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
• (name of prosecutor ' s office, address)

 

Application for deprivation of parental rights

The defendant is the minor ' s father (mother) (FIO child(s), place and date of birth).

He or she does not care for his or her upbringing and development; he or she does not care for the health, physical, mental, spiritual and moral development of the child or children.

Violation of the rights and interests of the child(s) is expressed in _ (ill-treatment, abuse of parental rights, chronic alcoholism or drug addiction, commission of an intentional crime against the life or health of their children or against the life or health of the spouse, etc.)

On the basis of the above, in accordance with article 69 of the Family Code of the Russian Federation, articles 131 to 132 of the Code of Civil Procedure of the Russian Federation;

Please:

1. :: Deny parental rights (the respondent ' s FIO in full) in respect of the child ' s (child ' s) FIO, place and date of birth.
2. Transfer the child(s) to the care of the child(s) (FIO of the child(s), place and date of birth) (the complainant ' s FIO in its entirety).
3. Reimburse from _ (the respondent ' s FIO in full) ___ the year of birth, the native child in favour of maintenance for each child (the FIO and the date of birth of each child) in the amount of ___ part of all earnings monthly from the date of the application (specify the date) until the children ' s majority.

List of documents attached to the application (copies by number of persons involved in the case):

1. Copy of statement of claim
2. Child birth certificate (children)
3. Other documents supporting claims for deprivation of parental rights

1. Date of filing of the application "-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2. To download the application model: 
3.   Application for deprivation of parental rights

Issues relating to a claim for deprivation of parental rights

I want to take away my father's parental rights, I'm married, I'm divorced, my dad's not interested in the baby, he's not helping, he's not giving gifts, his family's also, and I often pay a doctor's fee, my dad has no idea, he's a drug addict.

Write a statement of claim on this model, describe when you divorce your husband, why he doesn't talk to his child, he doesn't provide financial support, and you can ask the court to ask for information on the defendant from the drug addict.

Drug abuse is one of the major reasons for depriving you of your parental rights, and you can also take a statement from a pediatrician that you are the only one taking a child to see you.

Prior to contacting the guardianship authority, they can interview the defendant and identify his attitude towards the possibility of depriving him of his parental rights, and help with the collection of documents.

Be prepared to bring witnesses to the court who will talk about the defendant's attitude towards the child's upbringing and maintenance, and the court may satisfy the requirements if it is established that there has been no obstacle to the father's and child's communication on your part.

Officially divorced, she filed for alimony, and immediately the ex-husband was viciously turned away, and was not tried once for impropriety, and filed a complaint for deprivation of parental rights, but he was dismissed for lack of evidence.

Now I wish to deprive him of his parental rights once again, the reason for his vicious evasion of maintenance and neglect of parental rights, i.e. he does not take any part in the child ' s life.

I don't think I'm the only one in this situation.

In the new application, describe the situation after the decision, state that it has not changed.

The court's decision will depend on the evidence you present.

The point is, I want to take away my father's parental rights, the defendant lives far away from us, I can't come to court, how can I write a lawsuit that I can't be in court, is that even possible?

If, at the same time as the deprivation of parental rights, you claim maintenance, you can file a complaint with the court in your place of residence.

If alimony has already been recovered, the deprivation of parental rights is only possible in court, at the defendant ' s place of residence.

If it is not possible to appear before the court, write an application to hear the case in your absence: https://vseiski.ru/xodatajstvo-o-rassmorenii-dela-v-ottutstvie.html

I'd like to file for alimony and deprivation of parental rights, but all I know is that he lives in a different area, and where exactly, I don't know, what to do and where to go?

If the defendant ' s address is not known, a claim may be filed against the last known place of residence; if a claim for deprivation of parental rights makes a claim for maintenance, the application may be filed with the court in the place of residence.

The court is required to consider the case within two months of the filing of the claim for deprivation of parental rights in court.

This may increase: the poor preparation of the statement of claim, which would require a change in the basis or subject matter of the claim; the need for a long-term collection of evidence in the case; the failure to notify the persons involved in the case, which would result in the postponement of the proceedings; the long duration of the examination of the living and living conditions by the guardianship authorities; therefore, in order to speed up the proceedings, you need to contact the guardianship department, collect all the evidence, prepare the statement of claim in a qualitative manner, help the court notify the defendant of the time and place of the hearing; the best option would be for the defendant to appear before the court and admit the claims.

In the claim for parental disqualification, do you have to write to the prosecutor and the guardianship and guardianship authorities? If so, where do I get the data?

You may not write them if you do not know the exact data, the court itself will bring them into the case, and you may wish to attach copies of the case file for them.

Model application for deprivation of parental rights of the father or mother

Last update February 2023

Judicial cases involving deprivation of parental rights are considered to be the most difficult in their proceedings, all because the judge has to decide the fate of the child, so that his or her legal rights and interests are not violated and his or her isolation from one or both of his or her parents is of real benefit to him, not pain and suffering.

When applying to the courts for the deprivation of parental rights, whoever has initiated it, it is necessary to weigh everything well and provide sufficient and valid justification for the child ' s parents being harmful, unsafe, etc.

Russian legislation allows not everyone to file an application for removal of their parents ' rights in court, but it is limited to the scope of article 70 of the Family Code of the Russian Federation, which states:

• Any parent (mother or father) who is deprived of the rights of a second parent must be told that the adoptive parent or adoptive parent must not be deprived of his or her parental right; in this case, the right action will be taken to cancel the adoption or guardianship.
• However, the guardian or guardian has the right to institute proceedings against the actual parent.
• A representative of the guardianship and guardianship authority, who is not only entitled to file a claim for the deprivation of one or both parents ' rights at once, but must also be present at every hearing without reservation, even if the hearing is based on the application of another claimant.
• A representative of an educational or medical institution (hospital schools, hospital, etc.) if the child is detained there.
• An employee of the Public Prosecutor ' s Office, the Office for the Defence of Minors ' Interests and Rights, exists in each office of the Public Prosecutor ' s Office, when checks are carried out and violations against the child are detected.

You have to read it:I don't know why they're gonna take away their parental rights.

No one else has the right to bring such a complaint before a judicial authority, but any citizen has the right and even the duty to report to the guardianship authorities or the local prosecutor ' s office serious violations of the rights, freedoms and interests of the child and to request that he or she submit a request to the court.

Where to file a lawsuit

A claim for deprivation of parental rights, like almost any other claim, is brought before the ordinary court (court of the district, city, province, etc.) located in the municipality in which the respondent parent lives.

If, in parallel, an application for maintenance from the disenfranchised parent has been filed and is pending, both claims may be filed with the court at the place where the respondent parent ' s property is located.

The law allows a case to be brought before a court of law relating to the complainant ' s place of residence, but only if there are serious grounds: he or she has a disease that makes it difficult to move to the place of the proceedings or a small child or a disabled child; the judicial authority may, but is not obliged, take these circumstances into account and accept or reject the claim in the place of residence of the complainant.

The law strictly stipulates that in this case, all material shall be sent to the custody and the prosecutor of the defendant ' s place of residence, where the claim will be resolved and the court proceedings held.

In the course of the proceedings, the judge may always request any information of interest to him or her or order him or her to take any action conducive to a more objective resolution of the claim.

How to make a claim

Before filing an application with the office of the court, two compulsory documents must be obtained from the guardianship authorities of the child ' s place of residence:

• Survey of Housing and Living Conditions of the Child ' s Accommodation
• Opinion on the validity of the claim for the deprivation of the rights of the parent

If a complaint is brought not by the parent but by a representative of the procurator ' s office, guardianship or medical and educational institution, he or she needs to document, with reference to objective regulations, why he or she is applying to the courts for the protection of the child ' s interests and why his or her mother or father cannot do so.

Another feature of such an application is that the plaintiff does not have to pay the public service; the legislator exempts him from such an obligation, so that he acts in the interest of and for the protection of the child.

An application for withdrawal of the parental rights of the father or mother shall be filed only in writing; in order to be guaranteed, it must be made in a correct manner; the action must contain several mandatory paragraphs.

A cap bearing:

• Name and address of the judicial authority to which it is submitted
• Information on the plaintiff (name, surname, patronymic, actual and propiska address)
• Similar information on the defendant
• Information on the representative of the guardianship and guardianship authorities, with address
• Information on the Public Prosecutor ' s Office and address

• Statement of claims
• indication of the violation of the plaintiff ' s legal rights and interests
• The Panel recommends no award of compensation for loss of tangible property.
• evidence and evidence of the circumstances of the claim
• References to legal instruments confirming the legality of claims

The operative part should contain:

• all claims filed in the claim
• Listing of all documents and evidence attached to the claim
• claimant ' s signature and date of filing of the claim

Model statement of claim

For the sake of illustration, please provide a sample of the claim for the deprivation of parental rights of the father (or mother) with a variable indication of the various circumstances and reasons for the withdrawal of the parent's rights (in blue) or download in MSWord:

To the Turgan City Court
The plaintiff: Petrova Irina Vladimirovna,

Resident at: Tourgan, Senina Street, 33-5, telephone: 888888

Respondent: Petrov Ivan Sergeyevich,
Resident at: Turgan, Sverlova, 15-2, telephone: 666666

Trusteeship and trusteeship authorities: Department of Trusteeship
Department of Social Policy
The authorities of Turgan, Turgan, St. K. Ligautina, 152
Prosecutor: Public Prosecutor ' s Office in Turgan

Turgan, Kulimova Street, 63

EXPLANATORY STATEMENT
deprivation of parental rights

How to file a claim for deprivation of parental rights for non-payment of maintenance?

The procedure for depriving parents of their parental rights is labour-intensive and may take a considerable amount of time, as a result of the large number of documents required to file for deprivation of parental rights.

Grounds

• Failure to perform parental duties;
• Child abuse;
• Drug or alcohol addiction;
• Non-payment of maintenance;
• Refusal to remove a child from various institutions;
• Harm to health or family member;
• Threats to life or health.

All the reasons listed above may be grounds for disenfranchisement, but in this article we will examine in detail how to apply for withdrawal of parental rights for non-payment and draw up a model for such a declaration.

Can you pay for non-payment?

If maintenance is not paid and this is done systematically, this is a very serious ground for exemption from parental rights.

Warning

Failure to pay alimony for more than six months without good reason constitutes a systematic breach of obligations.

It is a deliberate failure to fulfil its obligations, which subsequently form a large debt, which can be attributed to a large number of reasons.

For example, change of residence, withholding of wages or disregarding the demands of bailiffs.

Sometimes it is sufficient to sue the court for maintenance, but it is possible that the debtor will ignore the claims.

Evidence of improper performance must necessarily be presented to the court, which must rule.You can apply to the district or city court for this.

Legal proceedings involving deprivation of parental rights due to non-payment of maintenance are very complex and may be prolonged for a long period of time.

Method of deprivation

The legislation implies two ways of depriving the father of parental responsibility for non-payment of maintenance.

The first option is less costly and faster, and it requires a petition for exemption from parental rights, which must be accompanied by documents confirming that the father has evaded his duties.

It's important.

In order to deprive the father of his rights, the child ' s mother must have a court order stating that the father must pay alimony.

The following procedures must be followed in order to file a claim:

• The preparation of a claim with claims and their justifications;
• Preparation of documents confirming the violation of the judgement;
• The filing of a claim;
• Waiting for a decision (the review period is 2 months from the date of submission of the document);
• Sending a court decision to the civil registry to change the civil status;
• To receive a certified copy of the judgement.

The second option was long enough, and that was because it was necessary to participate in two trials.

The first application is filed in connection with non-payment of alimony and the requirement that the father be held criminally liable.

If the court has issued a favourable decision, a request is filed for the deprivation of parental rights in connection with a criminal offence by the father.

Model claim

The model statement of claim is not strictly defined, but it must be in accordance with the rules for writing business documents.

The document should contain the following information:

• Full name of the judicial authority;
• Name of the guardianship and guardianship authority;
• The applicant ' s personal and contact details;
• Data on the respondent;
• Reasons for the application;
• Evidence of non-performance on the part of the defendant;
• Judicial requirements and references to regulations confirming the legality of claims;
• List of documents annexed to the statement of claim;
• Date of writing and signature of applicant.

Further consideration should be given to the list of documents to be attached to the core document.

• The birth certificate of the child;
• Parental certificate (if any);
• Marriage certificate (if any);
• Family composition certificate;
• The court ' s decision requiring the father to provide material support for his child;
• Documentation of non-payment of maintenance;
• A court decision confirming the father ' s criminal liability for non-payment of money;
• Other proof of non-performance of parental duties.

How to Give

An action is brought before a city or district court located in the place of residence of the parent with whom the child is living.

The defendant does not always have the opportunity to attend the hearing, but the law does not allow the trial to be transferred to another judicial body.The defendant is required to appear before the court specified in the notice.

The defendant may use the services of a representative.This allows the respondent to be absent from the meeting, but in this case a power of attorney must be established to confirm the legality of the appointment of the representative.

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Request for withdrawal of father ' s parental rights: model, application to court

Every judicial process in which a claim for the deprivation of the father's parental rights is considered is a model of unhealthy relations within the family, which always ends in tragedy for children, and the parent is kept in isolation for life, and before applying for strict measures with deprivation of parental rights, the plaintiff is obliged to justify the claim on the basis of by-laws.

Loss of parental rights in the Family Code

The legal basis of the issue is regulated by the Family Code and falls under a high category of complexity, since the fate, interests and future life of children are being decided, and the Russian Family Code has burdened the process of involving a large number of persons, including, in addition to parents or guardians, a procurator, guardians, teachers, psychologists and competent specialists.

The Family Code singles out the process of deprivation of parental rights not only as a multi-tiered entity, but also complicates the outcome of the action: it is granted only with the consent of all competent authorities.

The question of how to deprive a parent of his or her rights and to isolate his or her children from him or her is established by law; the Family Code specifies only six reasons that are used as arguments against the father; this list cannot be supplemented by other cases, whatever the evidence may be.

The list of grounds is described in article 69 of the Family Code and can be broken down into two types:

• The passive nature of the ground refers to the basic failure of the father ' s tasks: not caring, not spending time with the children, not paying alimony;
• The grounds are serious violations of children ' s rights: physical and moral harm through active and deliberate action.

Article 70 of the UK describes the procedure for disenfranchisement:

• Application procedure;
• Participants in the process;
• maintenance spores.

The 71 articles indicate the legal effect of a positive judgement on the parent.

Article 72 of the UK does not deal with the issue under consideration, but is directly related to it: the section addresses the possibility of restoring the rights of the father and mother.

The Family Code is the first paragraph to refer to neglect of maintenance as an example of non-compliance with the father ' s obligations; the court does not recognize a claim and will not deprive the father of his rights if there are objective factors preventing the payment of maintenance.

That's why you can take away your father's parental rights.

Application for deprivation of parental rights

The duties of the father vis-à-vis the children are set out in articles 63, 64 of the UK:

• Education, development, education;
• To be a defender of interests and rights;
• To care for moral, physical and spiritual health;
• To monitor mental development.

Intentional or unintentional acts that violate children ' s rights result in severe punishment: a father deprived of parental rights becomes a stranger to his children forever; the criteria for inappropriate upbringing and maintenance include unlawful situations:

• The father ' s systematic neglect of his children ' s material support, both voluntarily and through alimony;
• The child is forced to stay in the maternity home or in a specialized institution because of his reluctance to take him away;
• The father, by his conduct, obstructs development and education, and oppresses the mental health of minors;
• Ill-treatment, assault and battery;
• The father is a chronic alcoholic, a drug addict, an addict, an accomplice to the crime;
• The father was accused of attempting, either in cases of child corruption or forced prostitution;
• The husband intentionally injured or killed a member of his family.

Child abuse

Every act must be proved by the facts, as the Family Code interprets, and the consideration of a father ' s claim requires an informed and balanced approach; it is not worth it, and the punishment will seriously affect the fate of all loved ones.

Where to file for disenfranchisement

The application shall be accepted by the defendant ' s place of residence before the District Court and the case may be heard by the District Court if there are valid reasons:

• A disease that does not allow for long-term movement;
• The baby is not three years old:
• A child with disabilities.

How to Deny Father ' s Parental Rights

In such a case, the materials collected by the guardian ' s organization, the prosecutor ' s office, are sent to the defendant ' s court; the right, but not the duty of the judge, is to accept the claim for the deprivation of parental rights in the plaintiff ' s place of residence; if the circumstances require prompt intervention, the plaintiff may expect the case to be heard without going to the defendant ' s place of residence.

Where to write if the father's whereabouts are unknown

The desire to punish the husband for his violent evasion of maintenance forces the mother to take extreme measures to exonerate the children from an unfair father. Where he is, no one knows what makes the situation difficult. Under the Code of Civil Procedure, there are options to address the specific problem:

• The last known propiska;
• The place where the marriage is registered.

You don't have to personally go to court. You can send a letter by mail, accompanied by materials and facts.

A request for maintenance should be filed with the claim, and the bailiffs should put in place legal tools to search for the disappeared father; the positive point is that, in circumventing the general rule of jurisdiction, the court will accept the application in the complainant ' s place of residence; during the proceedings, the judge may make any request.

The court will see interest in a positive outcome if it is possible to find contact on its own, get information about the defendant's addresses, and provide documents.

What documents are required

The evidentiary basis of the statement of claim is established on the basis of certificates, statements and acts of anti-social behaviour of the defendant, and is supported by evidence.

List for plaintiff

Loss of father ' s parental rights for non-payment of maintenance

The procedure begins with the filing of the claim in the prescribed form.

The applicant ' s passport and birth certificate, or the child ' s 14-year-old passport, are attached in a copy form, and a check confirming the payment of the public service is required before the trial commences, without which the case will not be considered.

What's important is that papers are required to prove the marriage or divorce, and in some cases a court order may be required to establish paternity.

A mother who decides to raise her children alone must prove her credibility by documentary material:

• Income statement;
• The act of the household survey of the children ' s place of residence;
• Confirmation of a healthy mental state;
• An opinion from the clinic that there is no drug addiction, alcohol addiction.

The defendant ' s documents

The inability of a father to continue to be his own children must be confirmed by information:

• The characteristics of neighbours, colleagues and supervisors;
• 2-NDFL certificate for the year, contract;
• The medical examiner ' s response on the existence of harmful addictions;
• Executive notice for the recovery of maintenance;
• A statement from the SPF on what non-payment of alimony is.

Each particular case is supported by additional documents, and the ill-treatment is supported by a report from the police.

The written testimony of witnesses is of great importance in the case of deprivation of paternity, and the list is accompanied by the statements of neighbours, teachers and the district doctor.

Audio, video, photos are taken into account as important evidence.

Application to court for deprivation of father ' s parental rights, sample

The procedure for the deprivation of paternity begins in court on the basis of a statement, a model of which is available at the law office or on the Internet.

• Address block;
• A descriptive unit;
• Requirements;
• See annex.

Address block

The name of the precinct, given by the judges, is given below by the personal details of the applicant: the individual writes the name, initials, coordinates of the registration, contacts; if the plaintiff is an organization, the name, details, legal address, and the name of the director are given.

The representative representing the claimant ' s interests (guardian, prosecutor ' s office) shall give the number of the power of attorney and his/her data.

The third participant is the respondent, whose FIO and contact points should be filled in the same block.

Description unit

The facts of the offence against children are described in detail, and arguments are given with specific evidence to deprive the child of his or her parental rights; if the claim comes from the Public Prosecutor ' s Office, the reasons for the claim must be established on behalf of the child ' s legal representative.

The application must refer to the legal and regulatory acts of the legality of the charges: Family Code, Decision of the Plenum of the Supreme Court of the Russian Federation of 14.11. 2017 No. 44.

Requirements

The final part is based on the final requirements for the deprivation of paternity and the wishes for the child ' s further placement: guardianship, children ' s home.

Annex

Each attached document is assigned a number and given a name. The number of copies depends on the number of persons involved in the proceedings. Copies of the papers and the application are prepared by the judge, the defendant, the guardian ' s representative, the prosecutor; all copies must be kept for further action.

The signature and the number conclude the statement.

How to file a custody application for deprivation of parental rights

Further information: The guardianship and guardianship authorities (PLOs) are the authorized public service responsible for monitoring the observance of the rights of minors and, in accordance with the legislation in force, are subordinated to the Federal Service for Supervision of Education and Science.

The application form for the PLO is available on the website of the Ministry of Education, and PLO officers on the ground will help to correctly formulate a complaint against the father ' s unlawful behaviour to the requesting citizens, including:

• Mother, grandmother, grandfather, other relatives;
• A teacher or a teacher or a headmaster;
• A local doctor;
• A police officer is a district inspector.

The application is written in a free form, but subject to the rules for official communications. In the upper right corner, the filling of the applicant's title. Under the heading "Statement", the first sentence spells out who the author is to a minor. Details of the reasons why the complaint was lodged. The final proposal requests that the conditions of the child's maintenance be checked.

In the course of proceedings against the father ' s rights, the guardianship authorities are notified, so there is no need to write a separate application to the PLO.

Monitoring of application execution

The signal is considered from one to two months, the length of which depends on the truth of the data provided, and when it is established that parental responsibilities are not respected, the staff members resort to restrictive measures: they register the family, file a complaint with the court and file a complaint with the Public Prosecutor ' s Office.

Decision of the court to deprive the father of his parental rights

There are cases in which a complaint is filed with the PLO for revenge, personal resentment, and the facts are not confirmed, in which case there is a right to bring a slanderer to justice.

The correct statement of the father ' s punishment of removal from his children was an important step in the preparation of the trial and needed to be supported by documentary evidence and facts in order for the court to reach a positive decision on the basis of them.