Loss of the father's parental rights for non-payment of maintenance: order, documents, public order, consequences, judicial practice - grounds for deprivation of the father's parental rights

Refusal to perform direct duties by the father or mother may be subject to the most severe penalty: deprivation of parental rights for non-payment of maintenance.Constitution of article 80 of the Russian FederationIn practice, this is the most common decision taken with regard to fathers, and the reasons may be different: unfairness, financial insolvency, immoral living, low levels of self-awareness and responsibility.

Legal grounds

The deprivation of parental authority is an extreme, coercive measure designed to protect the interests of the child and to provide material assistance.Article 69 of the Russian FederationThese include:

• Serious non-payment of maintenance;
• Clear evidence of abuse of parental rights;
• The commission of an intentional, criminal act against the life, health, safety of the child or other family members;
• Determination of the child ' s ill-treatment and violation of his or her sexual integrity;
• The abandonment of the child in social service organizations, maternity or medical institutions and the intention not to take him away;
• Alcohol abuse, addiction of parents.

Reasons for evasion

The grounds for the non-payment of maintenance are conditionally classified into the category of respectable and unrespectable: the first group includes the following reasons:

• The father ' s desire to rewrite the property into the child ' s maintenance is granted by the guardianship and guardianship authority.
• A reasonable suspicion on the part of a maintenance payer that a parent living with a child spends these amounts on his own needs and the needs of his/her liabilities, while at the same time providing for a younger member of his/her family, such consequences for the child must be reported by the guardian to the guardianship and guardianship authority in order to initiate a check; if the fact is confirmed, a reduction in the amount of the payments is permissible.
• A child's residence with a maintenance payer for a period of time is allowed for non-payment of maintenance payments for this period, which requires an application to be submitted to the guardianship and guardianship authority.
• The payer is admitted to the university after the dissolution of the marriage and a certificate of reduction has been submitted to the PLO.

Unrespectful reasons include: the emergence of a new family and the birth of other children; financial problems; the business crisis; the debt of loans and communal payments; the objection of the new family to the fulfilment of payment obligations; the payment of wages in kind; and the transfer of food, clothing and toys to the child.

The case law also shows that the father or mother ' s reason for his or her wrongdoing is that the former spouse ' s income is increased, which excludes the need for additional material assistance.

Evil nature of the act

The deprivation of parental rights on the ground of non-payment of maintenance is possible only if there is a sign of wilful evasion; the concept implies a deliberate, deliberate and systematic waiver of the obligation to maintain children; such conduct may take the following forms:

• Frequent change of residence without notification to the recipient;
• Deliberate concealment of income or its place of residence;
• The accumulation of substantial maintenance arrears;
• Concealment of the place of work;
• Refrain from finding employment;
• Ignoring the orders of bailiffs, concealment of property for listing and seizure.

The nature of the ill-treatment is determined solely by a judicial decision.

Action algorithm

The following package of documents is required when applying to the court:

• Evidence of marriage and divorce;
• Birth certificates for children;
• A certificate from bailiffs on the amount of maintenance debt;
• Evidence of the father ' s or mother ' s lack of participation in the child ' s life, upbringing and maintenance, such as testimony, certificates from educational institutions, assurances from relatives, a combination of checks for the purchase of children ' s goods with the family name of the parent with whom the child lives, etc.

The application shall be made in accordance with the general rules of judicial procedure and shall consist of an introductory, descriptive, motivational and requesting part.

It was mandatory to refer to an article containing grounds for exclusion, and the reasoning of the text should include evidence of justification.

If there is a request for disenfranchisement from the non-payer himself, the chances of the outcome in favour of the plaintiff are increased.

Model statement of claim

The category of cases considered is one of the most complex in civil proceedings. Judicial statistics show that the percentage of decisions in favour of the proponent does not represent an absolute majority. Many factors are taken into account by the Court, so the evidence provided is decisive for both parties.

Recourse to bailiffs

Evidence of evasion of maintenance obligations is the basis for requesting bailiffs to initiate criminal proceedings against an evasive person or to obtain a certificate of the amount of the debt for presentation to the court.

The introductory part of the application shall contain the name of the authority and identifying the applicant; the text of the document shall include a detailed statement of the facts of the case, including information on the existence of the maintenance agreement, the form, amount and frequency of payments, if any.

Legal consequences of evasion

The non-payer is required to pay the debt default of half a per cent of the debt; the calculation is made for each day of arrears; this type of civil liability may be enforced by the courts; and, among other negative consequences, the non-payer may be at risk of:

1. Administrative responsibility:

• If it is established that income has been withheld to understate maintenance payments, a fine of 100 times the minimum wage;
• The seizure of funds held in bank accounts;
• The seizure of property with a view to its further disposition in order to repay the debt;
• Restriction of movement within the territory of the State;
• Prohibition of leaving the country;
• Loss of driver ' s license (if the debt exceeds 10,000 rubles).

1. Criminal liability: Violation of a court decision on the payment of maintenance under article 157 of the Criminal Code may entail one of the following consequences:

• Obligation to perform forced or corrective labour for a period of up to one year;
• Three months ' arrest;
• Imprisonment for up to one year.

The legislator allows the non-payer to be subject to several types of sanctions at the same time, e.g. collection of debts, imposition of penalties, imposition of corrective labour.

Legal consequences of deprivation of rights

The deprivation of the father ' s or mother ' s rights with respect to the child entails the loss of all rights related to the fact of kinship, including the right to upbringing, education and residence and the protection of the child ' s interests.

A non-payer parent may not expect to receive children ' s benefits if he or she is unable to work; the right to inheritance and the right to benefits, benefits and other material benefits are lost.

The child retains the right to inherit after the parent has been deprived of parental rights; the loss of status does not exempt the father or mother from the obligation to pay alimony.

Loss of parental rights: grounds and consequences

Tatiana Zhuravel, a lawyer at the Tsip and Partners Law Office, answers the most common questions about why in Ukraine parental rights may be denied, how complex the procedure is and what consequences it has on parents and children

Article 164 of the Family Code stipulates that parents may be deprived of their rights if the father or mother:

• Did not take the child out of the maternity home for a valid reason and did not exercise parental care for six months
• is not fulfilling their child-rearing responsibilities
• ill-treatment of a child
• Have an alcohol or drug addiction
• They exploit the child, force him to beg.
• Convicted of an intentional criminal offence against a child

• As a rule, the court deprives parents of their parental rights for not fulfilling their child-rearing responsibilities; the obligations of parents towards their children are defined in article 150 of the Family Code:
• In turn, the Supreme Court ' s ruling on this broader interpretation of parental responsibilities is considered to exclude parents from it if they:

• does not provide the child with adequate food, medical care
• Provide treatment for the child, which has a negative impact on the child ' s health
• do not communicate with the child to the extent necessary for the child ' s normal development
• does not provide the child with access to cultural and other spiritual values
• does not contribute to his or her learning of generally accepted moral norms.
• Have no interest in his inner world.
• does not create conditions for his education

One or both parents may be deprived of parental rights in respect of either one child or everyone.

Is it easy to take away parental rights?

The procedure for depriving parents of their parental rights is complicated because it requires the involvement of the Children ' s Service, and the Service draws up its own report, which indicates whether the father or mother really needs to be disenfranchised.

A guardian, guardian, the person in whose family the child is living, the health institution, the educational or other children ' s institution in which he or she is located, the guardianship and guardianship authority, the prosecutor and even the child, if he or she is 14 years old, may apply to the court for the deprivation of parental rights other than the father or mother.

I want to get my parental rights taken away. What's next?

1. Contact the guardianship authorities, and they must submit a written report to the court on the possibility of depriving them of their parental rights.
2. Commence suit/suit.

   Please describe in detail the specific situation of the father or mother in the application, as well as the reasons why you want to deprive one of the spouses of parental rights.

3. I want you to file a lawsuit with the court, along with all the evidence you've prepared.
4. Wait for the court's decision after the judicial review of the application.

How can a statement of claim be made?

Such a declaration must comply with the general requirements of Ukrainian law; this is the model of the claim for the deprivation of parental rights of the daughter ' s father; the main reasons are non-payment of maintenance and lack of interest of the father in the child ' s life.

In the annexes to the statement of claim, which is given as an example, the first paragraph indicates the payment of the State budget........................................................................

The application is clear. What other documents do you need?

• A copy of the child ' s parents ' marriage certificate
• A copy of the child ' s birth certificate
• Documents indicating the existence of circumstances for the deprivation of parental rights
• Conclusion of the guardianship and guardianship authority
• Copy of statement of claim

The evidence in the case may include testimony from witnesses, a residence profile, an examination of living conditions, the decision of the Commission for the Protection of the Rights of the Child, and a description from school, for example.

What happens when parental rights are revoked?

In addition to psychological and social consequences, the deprivation of parental rights has legal consequences.

Under the law, those who have been deprived of such rights lose their personal non-pecuniary rights with respect to the child and are exempted from their responsibilities for the upbringing of the child, cease to be legal representatives of the child, and lose the rights to benefits and State assistance provided to families with children.

Persons deprived of parental rights cannot be adoptive parents, guardians and guardians, and in the future they will not be able to obtain the property rights related to paternity that they might have in the event of their inability to work (right to maintenance from the child, right to pension and compensation for loss of the breadwinner, right to inheritance).

Would I pay alimony if I was deprived of my parental rights?

The father or mother of whom has been deprived of parental rights is not exempt from the obligation to support the child.

Thus, in granting a claim for deprivation of parental rights, the court at the same time decides on the recovery of maintenance for the child.

If the mother, father or other legal representative of the child refuses to receive child support from a person deprived of parental rights, the court will decide to transfer the child ' s alimony to the child ' s personal account at the Sberbank office.

The court will also oblige the mother, father or other legal representative of the child to open the said personal account within 30 days of the date on which the court decision becomes enforceable.

If, for example, one parent has been deprived of his or her rights, the other does not need a notarized consent for the child to travel abroad.

What about the baby?

If the child has lived with the father, who has been deprived of parental rights, the possibility of continuing to live in the same dwelling shall be decided on the basis of the outcome of the case.

Thus, the court may decide to remove the parent who is deprived of parental rights from the home where he lives with the child, but this is if he has other housing.

The court may even forcibly divide housing or order it to be exchanged.

If it is not possible to hand over a child to them, the care and custody authority will be responsible for the upbringing.

Will I be able to see the baby?

A mother and father deprived of parental rights may see the child with the permission of the court, and a request for a visit must be filed with the court.

When considering such an application, the court will check whether the child ' s life, health and moral education will be harmed by such visits; if not, the court may authorize one-off or periodic visits with the child, provided that another person is present.

It's all in theory.

As we have learned, parental rights are most often denied for evasion of parental responsibilities.

For example, the mother filed a lawsuit against her ex-husband for losing interest in his son ' s life, calling him and not taking part in his upbringing.

At the same time, the mother lives with her son in the home of her parents, and they have never prevented the father from communicating with the child.

During the court hearing, the representative of the guardianship and guardianship authority confirmed that the defendant did not visit his child or care for his life, so the child protection commission decided to deprive the respondent father of parental rights, and the court took the mother ' s side.

Or another case, the mother applied to the court for the deprivation of the parental rights of the ex-husband for his malicious refusal to pay maintenance.

When he was aware of the court ' s decision to recover maintenance, he had never transferred money to raise children; moreover, the man had changed his place of residence and had ceased to have contact with the children in general.

The Gore Father Court issued a search warrant, and the mother ' s claim to be deprived of her parental rights was granted in full.

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

The question of the deprivation of parental rights is popular, especially when one parent avoids the obligation to support a child; unfortunately, such situations are not uncommon in recent times and mainly refuse to pay the father ' s alimony; this may be due to different reasons.

Some people regret paying their own child support, others cannot earn even for their own needs and needs, while others simply decide to see if the second parent can do so on his own; in this article we will examine in detail what constitutes the deprivation of parental rights for non-payment of maintenance and how to do so from a legal point of view.

How to Deny Father ' s Parental Rights

Some women ask how to deprive a father of his parental rights if he does not pay alimony, and the Family Code of the Russian Federation establishes the obligation to maintain minor children and states that if adults do not do so, this may be a ground for depriving them of their parental rights.

However, it is very rare for a judge to rule in favour of depriving his parents of their rights vis-à-vis his or her Chad on the sole ground of non-payment of alimony.

As a general rule, proceedings for the deprivation of parental rights have the following results:

1. When a father avoids alimony payments for several months, the court is unlikely to decide in favour of the applicant, because such a period is not sufficient for such decisions to be made. When the period of detention for child support payments is more than six months, the court can only limit the parent ' s responsibilities.
2. If the father is in a difficult financial situation due to the circumstances that occur in his life (health, loss of a permanent source of official income, etc.) and therefore delays the maintenance payments, the court is also unlikely to take the plaintiff's side.

It matters!In order to ensure that one parent is deprived of his or her rights, it is worth pointing to more compelling reasons, such as alcoholism, substance abuse, evasion of upbringing and participation in the life of a minor, etc.

Conditions for the withdrawal of parental authority from the father

A person may be deprived of his or her parental rights if certain conditions exist.

• If the defendant is in arrears of maintenance for more than four months;
• If the child ' s mother has already filed a claim for maintenance, has an executive record in her hands and sent him to the bailiffs, but the father has not responded;
• The father did not provide information on his real earnings in order to pay less maintenance;
• The father refused maintenance payments;
• The child ' s father did not provide information on the place of work;
• My father was hiding from the bailiffs.

In any event, the court may take into account the defendant ' s behaviour, in the event that the father is deprived of his parental rights, in order to avoid the exercise of his parental rights, especially child support payments.

Methods of recourse to the court for deprivation of liberty

The deprivation of paternity in the event of non-payment of maintenance may occur in two ways:

• The applicant may bring such a claim before a court;
• The applicant may apply to the court for criminal prosecution of the father for failure to pay child support, as well as for the payment of the debt, and may then be expected to begin the process of depriving him of his parental rights.

How to file a claim for disqualification

The filing of a claim for disqualification is a radical measure for the parent, but in some cases it is inevitable. Next, we will explain in detail how to write and file a claim.

Choice of court

In order to start a case, it is necessary to appeal to the District Court, which is territorial in its choice of judicial authority, as follows:

• A court may be selected at the place of the defendant ' s propiska;
• The court of last residence of the father may be chosen;
• The court may choose the mother ' s place of residence.

Public service fees for filing a suit

In the event that there are multiple claims, for example, in the case of deprivation of rights, but also in the case of recovery of child maintenance payments, the claimant must pay the Minister of State for each claim; the payment of the State party ' s fee shall take place only before the filing of the claim; for women who file a claim for child maintenance payments, a discount shall be paid, in particular from the payment of the Minister of State, they shall be exempted.

With regard to the deprivation of parental rights, it is the responsibility of the claimant, who is obliged to pay 300 rubles to the State, to pay the claim.

Formulation of the statement of claim

In drawing up the claim, certain rules must be followed; in particular, the document must contain:

• Information on the situation that has led to the need for recourse to the courts;
• Documentary evidence supporting the complainant ' s statements;
• Reference to the legislation in force, on the basis of which the application is made.

You can download a model of a claim for deprivation of parental rights here.

List of required documents

With regard to the list of documents that may be required in the preparation and filing of a claim for deprivation of parental rights for non-payment of maintenance, the list may be varied, depending on the private situation.

• Mother ' s passport;
• A certificate of the child ' s appearance;
• Marriage certificate (divorce document);
• The court ' s decision on the award of child support or an agreement on child maintenance payments;
• A document that confirms the fact that the father is avoiding payment;
• The child ' s consent to file an action (if he or she has reached the age of 10).

Benefits of deprivation of parental authority for the mother

The deprivation of the father ' s parental rights entails a number of advantages, in particular for the mother.

1. A single mother could claim a special State benefit that would improve her financial situation.
2. The mother will be able to move freely over the territory without the father ' s prior authorization.
3. A mother may change the name, patronymic or surname of her child without the consent of the father.
4. A mother may receive a ban on her father's meeting with a child.
5. Adoption may be granted in the event of remarriage.
6. The mother is granted full freedom with regard to the upbringing and development of the minor.

Does the father have to pay alimony after he's been taken away?

Some have a logical question as to whether alimony should be paid in the event of deprivation of parental rights; the answer to this question is contained in the Family Code of the Russian Federation; for example, article 71 indicates that a person who has been deprived of his or her rights is obliged to maintain his or her own child.

The following nuances will be taken into account in the trial:

• The minor ' s state of health;
• The level of well-being in the family where the minor lives;
• The father ' s state of health;
• The level of the father ' s financial position;
• Other grounds that may be relevant.

The above circumstances ultimately affect the final amount of maintenance; however, payments may not be less than 30 per cent of the minimum subsistence level.

It matters!If the parent who has the obligation to pay maintenance for the child does not have a formal job, this will not be the reason for exempting him or her from payment; in such a situation, a fixed amount of maintenance may be established.

So the answer to the question of whether a father who is deprived of parental rights should pay alimony is clear – must.

Adoption of a formal judicial decision

Within five days of the filing of the application, the court shall consider it, together with all the documents, and set the date of the trial; all parties to the proceedings shall be notified of the decision taken in this regard.

In addition to the plaintiff and the defendant, the court proceedings are attended by employees of the guardianship and guardianship authority, who are required to inspect the living conditions of the minor before the proceedings.

The court ' s decision must be taken within two months of the date on which the claim was filed; however, in practice, the time limit was not always respected, as one parent often deliberately delayed the proceedings.

Official consequences of deprivation

If one of the parents deprives him of his rights with respect to the child, he or she shall be deprived of a number of acts; in particular, he or she may not participate in the upbringing of the minor or be protected from his or her education, and the rights and interests of the minor shall be protected.

A person deprived of his or her rights towards a child may not take him or her away from another person; then it will be impossible to dispose of the inheritance that is legally owned by the child.

If the mother wanted him to be adopted again, for example by her second spouse, she would be able to do so without the consent of the father, who had been deprived of his parental rights.

The question was whether men were deprived of their parental rights, whether they were obliged to pay alimony, and whether they were required to pay maintenance after deprivation.

Re-establishment of the official rights of the parent

When it comes to the length of the deprivation of parental rights, it is simply not; if a person is deprived of his or her rights towards a child, it is permanent; however, there are options that constitute an exception to the rules; for example, the current legislation provides for the possibility of restoring the rights of the parent.

Of course, such a decision can only be taken by the court, and a person who wishes to be restored to parental rights must file an application and file it with the judicial authority, together with the necessary package of documents.

The court ' s decision may grant such a claim, but only if a person provides sufficient evidence that there has been a change in his or her life and that he or she can now be trusted with a child; if there has been a debt of alimony, the debt must be paid.

Attention!In considering the case, the interests of the minor will also be taken into account; for example, if he or she is 10 years old at the time of the re-establishment proceedings, the court will listen to his or her views on the situation.

Judicial practice

The whole procedure of depriving parents of their rights is a complex process, and it's even psychological, and the complexity of the case can also arise with regard to the procedural aspect of the case, so if you take into account the jurisprudence on such proceedings, you can see the following.

A large number of mixed decisions are taken in such cases, for several reasons:

• The deprivation of rights takes place only through the courts;
• The legal right of a child born may be denied only to the parents of the family;
• Persons who have adopted a child are not deprived of their rights, in which case there is a procedure for the cancellation of formal adoptions, which may be based on the same factors as those of their parents;
• Caregivers and guardians shall not be deprived of such rights; these persons shall be suspended from their duties.

Conclusion

If the mother asks how she should be deprived of her paternity, if she does not pay the child's maintenance, she should know that it is possible for her to do so, if there is a severe evasion of the child's maintenance, and the court will carefully examine whether the father has committed an offence against the child.

This is because the deprivation of the father's parental rights for non-payment of maintenance is a severe measure, which in most cases is taken once and for all, and the court takes the mother's side unless it sees a different way of protecting the rights and interests of the child.

Loss of parental rights

In accordance with article 121 of the Family Code, the rights and obligations of the mother, father and child are based on the child ' s origin, certified in accordance with the procedure established by law, and parents are responsible for the upbringing of children, the protection of their rights and interests and the care of the child ' s health and physical, mental, spiritual and moral development.

Unfortunately, parents did not always behave with dignity towards children, abuse their rights or evade parental duties, and in such circumstances there was reason to deprive them of parental rights.

At the same time, in its decision No. 3 of 30 March 2007 on the application by the courts of legislation in cases of adoption and deprivation and restoration of parental rights, the Plenum of the Supreme Court of Ukraine explained that the deprivation of parental rights was a measure of last resort for persons who failed to perform parental duties, and therefore its application should be decided only after a full, comprehensive, objective clarification of the circumstances of the case, including the attitude of parents towards children.

On what grounds can a father or mother be deprived of parental rights?

Ukrainian legislation, in particular article 164, paragraph 1, of the Code of Criminal Procedure, establishes an exhaustive list of the grounds for depriving the mother or father of the child of parental rights; according to the provisions of this article, the loss of rights may result in:

• The abandonment of the child without a valid reason in the maternity or other health care institution and the absence of parental care for six months;
• Avoidance of child-rearing (conscious and deliberate neglect, neglect of the child ' s needs, etc.);
• Chronic alcoholism or drug addiction (the existence of appropriate medical reports is required);
• Exploitation of the child, including forced begging and vagrancy;
• A conviction for an intentional criminal offence against a child;
• Child abuse (dignity, physical or mental abuse, etc.).

What is the procedure for depriving parents of their parental rights?

The procedure for depriving parents of their parental rights is exclusively a judicial procedure, with the compulsory participation of the guardianship and guardianship authority (art. 19, para. 4, of the Family Code).

Cases involving the deprivation of parental rights are dealt with in court proceedings, and therefore their jurisdiction is determined in accordance with article 109, paragraph 1, of the Code of Civil Procedure.

In other words, the claim is filed at the defendant ' s place of residence.

However, if the claim, in addition to the deprivation of parental rights, requires the recovery of child support, the claim may be brought at the choice of the claimant pursuant to article 110, paragraph 1, of the Civil Code.

Who can bring a lawsuit to court for the deprivation of parental rights?

Article 165 of the Criminal Code refers to a limited number of persons who have the right to apply to a court for deprivation of parental rights.

This list includes one of the parents, the guardian, the guardian, the person in whose family the children live, the health institution, the educational or other children ' s institution in which the child is located, the guardianship and guardianship authority, the prosecutor and the child who has reached the age of 14.

Although the list of persons referred to in this article is exhaustive, cases of deprivation of parental rights in cases involving other relatives are dealt with in case law.

What documents are needed to deprive parents of their parental rights?

In order to obtain a more detailed, complete, comprehensive and objective explanation of the facts of the case and to make the best decision in the child ' s best interests, the following documents must be submitted to the court in addition to the claim:

• A copy of the plaintiff ' s passport;
• Family composition certificate;
• A statement of the claimant ' s income;
• A copy of the birth certificate;
• A description of the applicant ' s place of work;
• The withdrawal of a psychologist following a conversation with the child;
• A copy of the divorce certificate;
• A description of the applicant ' s place of residence;
• Act of the Housing Survey;
• A description of the child ' s place of study, indicating the parents ' involvement in the child ' s upbringing.

A more precise list of documents for depriving the father or mother of parental rights depends on the individual characteristics of the case, with which the counsel for the deprivation of parental rights will be assisted during the personal legal consultation.

What are the consequences of depriving the father, mother, of parental rights?

The legal effect of the court's decision to deprive the father and/or mother of parental rights results in the loss of all rights based on the relationship with the child.

These rights are those of parents and are exercised by them until the children reach the age of majority; more specifically, the legal consequences of the deprivation of parental rights are described in article 166 of the Family Code.

According to the provisions of the said article, the father and mother who have lost their rights with respect to the child:

• Loss of the right to raise children;
• Loss of rights to benefits and public benefits;
• Stop being a child ' s representative;
• No adoptive parents or guardians;
• Loss of non-material rights with respect to children;
• Can't count on property rights related to paternity and maternity that would have been awarded to them if they were unable to work.

It should be noted that the father and mother deprived of parental rights are not exempt from the obligation to maintain the child until the child reaches the age of 18 (art. 166, para.Additional costsFor children (art. 185) and to compensate for the harm caused by the child (art. 1183 of the Civil Code).

The deprivation of parental rights by the father or mother does not affect the extent of the rights of the children themselves, i.e. the child retains all property rights based on consanguinity, in particular the right to alimony, the right to ownership of immovable property or the right to use the dwelling, and, in accordance with article 1261 of the Civil Code, the children remain the heirs of the first phase.

How can father (mother) be deprived of parental rights?

This requires the preparation and filing of a statement of claim (the sample can be downloaded below).

To download a sample of a claim for deprivation of parental rights

Can a father give up his own child, and how can he do so?

Voluntary abandonment of a child is not possible in Ukraine; this is prohibited by article 155 of the Family Code; if a man is not a biological father, the procedure for challenging paternity is applied.

The most important proof of affinity is genetic testing — DNA testing.

If the results disprove the relationship, the court may order the civil registry to exclude the father from the birth certificate.

Can you take away parental rights for not paying maintenance?

The practice of the Supreme Court in this category of cases is clear: if one of the parents (usually the father) does not pay child support, this does not constitute a ground for depriving him of his parental rights.

This legal position of the Supreme Court is in full conformity with the provisions of article 164 of the Family Code, which contains an exhaustive list of the reasons for depriving the father (mother) of the rights of the child.

With counsel ' s comments, reference is made to section 2 of our article.

Loss of parental rights for non-payment of maintenance – professional assistance

The legal encyclopedia "MIP" "Alementa " Recovery and payment of maintenance " deprivation of parental rights for non-payment of maintenance

Contents

Pre-trial counselling	from 3 500
Advice during trial proceedings	from 5 000
Provision of case law	from 4 000
Formulating an opinion from the perspective of the trial case	from 5 000
Discussion of a plan of action for the deprivation of parental rights for non-payment of maintenance	from 5 000

Preparation and dispatch of court requests in the case	from 2,500
Submission of applications to the judicial authorities	from 3 000
Preparation of a claim against the defendant for non-payment of maintenance	from 3 500
Assistance in filing an application for judicial review	from 4 000
Client's paperwork analysis, help with background checks	from 6 000
Preparation of trial documentation for first instance	from 4 000
Preparation of judicial documentation for superiors	from 5 000

Application of counsel to the guardianship and guardianship authorities	from 13 500
Hospitality at the bank and employment centre on maintenance payments	from 15 000
Legal assistance in obtaining papers on a minor	from 10 000
Determination of the grounds for depriving a parent of his or her rights for non-payment of maintenance	from 10 000
Preparation of evidence for trial	from 15 000

Accompaniment of another parent ' s rights in court	from 23 000
Appeal against judgement of first instance	from 6 000
Representation in the Court of Appeal	from 25 000
Counsel ' s assistance in cassation and supervisory proceedings	from 29 000
A court decision on non-payment of maintenance	from 10 000
Provision of a certificate of maintenance arrears	from 6 000
Recourse to bailiffs	from 15 000

In this article, you will be able to read questions and answers on the subject of "disenfranchisement of parental rights for non-payment of maintenance," see the models of documents and prices for our legal profession for deprivation of parental rights, and ask an online question in our online chat room at the bottom of the right.

Loss of parental rights for non-payment of maintenance: rights of the successful parent

The provisions of article 69 of the Family Code of the Russian Federation provide that parents (one of them) may be deprived of their parental rights if they evade the duties of their parents;including in cases of malicious evasion of maintenance payments.

In the event of the deprivation of parental rights, either one of the parents or both will legally cease to be the father and/or mother of their child, i.e. they will lose all rights based on the fact that they are related to the child and will not be able to claim maintenance from the child (art.

87 of the Family Code of the Russian Federation), in the case of such a need, such as old age, with insufficient pension coverage.

Moreover, such persons automatically lose all the rights to benefits or State benefits established for citizens with children.

At the same time, the deprivation of the parental rights of one of the spouses (parents) gives the following rights to the other, the child(s):

• Change the child ' s name, surname and patronymic without taking into account the second parent ' s opinion;
• To travel abroad with the child without the consent (permit) of the second parent;
• To prohibit meetings with the child and to participate in his or her life (including education and upbringing);
• without taking into account the opinion and consent of the second parent to authorize the adoption of the child to the new parent(s).
• Such a parent also loses the right to inherit property from the child under the law, as he loses the right to receive a pension in the event of the death of an adult nursing child.
• The former father has no right: to restrict the child ' s freedom, to represent his or her interests, to prohibit the use of income and employment, and to marry, etc.

Loss of parental rights for non-payment of maintenance: strong evidence is needed

However, as the case law suggests, it is not easy to deprive parents of their parental rights; minor violations by the party obliged to pay alimony are not enough.

It is the proof of a violent, systematic failure of the parent to fulfil his or her material obligations before the child without valid reasons and for a long time (four months or more).

The legislator defines two basic conditions for the deprivation of parental rights: the malicious evasion of maintenance payments and the total absence of parental participation in the upbringing and life of the child.

The following circumstances may be cited as indications of violent behaviour: no formal place of work, or evasion of employment through a centre of employment, disclosure of any income, permanent change of residence, non-payment of maintenance for a long period of time (4 months or more), substantial maintenance arrears, search for maintenance payments, departure to an unknown destination.

It should be noted that the deprivation of parental rights for non-payment of maintenance is carried out through judicial proceedings, on the application of one of the parents or persons in loco parentis, the procurator ' s application, and on the application of bodies or organizations entrusted with the protection of the rights of minor children (trusteeship and guardianship bodies, juvenile affairs commissions, organizations for orphans and children deprived of parental care and others), with the participation of the procurator and the guardianship and guardianship body, as provided for in article 70 of the Family Code of the Russian Federation.

How parental rights are withdrawn for non-payment of maintenance through court

In judicial proceedings, the question of deprivation of parental rights can be resolved in two ways.

• The first is that when there is already a valid court order for the recovery of maintenance (this may also be a court order), or there is an agreement for the payment of maintenance, in which case an application for removal of parental rights is filed, accompanied by documents confirming non-compliance with maintenance obligations (a model statement at the end of the article).
• The second option, which is longer, but is quite effective: for example, when a child ' s mother makes an application to bring the father to justice for non-payment of maintenance, the court ' s conviction on the basis of such an application will be the basis for the subsequent termination of parental rights, which will be laid down in the new claim for deprivation of parental rights.

Attention should be drawn to the fact that recourse to the courts for redress of violations of children ' s rights should take into account the territorial jurisdiction provided for in article 28 of the Code of Criminal Procedure of the Russian Federation (see article Alementa, jurisdiction).

The court ' s review of the claim for maintenance only does not require payment of the State duty, i.e. the plaintiff is exempt from payment, the burden of the expenses will be imposed on the defendant in the outcome of the proceedings, and the decision on deprivation of parental rights may be appealed within 10 days, after which it becomes effective and is no longer subject to annulment.

However, it must be borne in mind that a person deprived of parental rights is always able to regain his or her rights.

Features of filing a claim for deprivation of parental rights for non-payment of maintenance

Information on how to draw up an application to a court for deprivation of parental rights for non-payment of maintenance can be found in the Code of Civil Procedure of the Russian Federation. Lawyers most often file it in hard copy, either on a personal visit to the court or by mail.

• The exact name of the judicial authority, its contact details - address, telephone;
• Personal data of the plaintiff and defendant in the case of deprivation of parental rights for non-payment of maintenance (including not only name, name, patronymic, but also passport data, addresses, telephones);
• List of persons to be brought before the courts: witnesses, prosecutors, guardianship and guardianship authorities;
• Detailed information on the minor;
• An indication of the circumstances of the incident that led to the filing of a claim for deprivation of parental rights for non-payment of maintenance;
• Description of the child ' s relationship with each parent;
• Justification of the deprivation of parental rights and proof of non-payment of maintenance in favour of the child;
• In order to be more credible, lawyers add references to jurisprudence in a similar case;
• A well-defined court requirement for a parent who does not pay alimony;
• Signature of the claimant and date of filing of the claim.

The application shall be considered by the court within five days, after which the claimant or its representative shall be notified of the result.

Loss of parental rights for non-payment of maintenance: package of documents and public service

In order for the court to initiate proceedings against the defendant and set up a hearing, the plaintiff must provide a package of documents in addition to the application. These are the papers that must be brought to the office:

• Child documents (copy of birth certificate);
• Documents on parents ' relationship (marriage certificate or dissolution of marriage);
• A copy of the document from the court that considered the case of non-payment of maintenance and ordered its recovery from the parent;
• The grounds for filing a claim for deprivation of parental rights (usually a certificate of debt for non-payment of maintenance);
• The characteristics of the plaintiff and the defendant in the case;
• Documents on the enforcement proceedings relating to the malicious non-payment of maintenance;
• Documents in criminal proceedings against the parent.

In order for the court to proceed with the deprivation of parental rights for non-payment of maintenance, the applicant must pay a State fee of 300 roubles; the money can be paid in any banking institution and the requisitions obtained in court; a copy of the payment must be attached to the package of documents.

Loss of parental rights for non-payment of maintenance: what are the consequences

A parent who sued and lost the case immediately loses many rights in respect of his child; these are some of the restrictions that will be imposed on the deprivation of parental rights for non-payment of maintenance:

• The inability to represent the interests of the child;
• A parent deprived of his or her rights may not insist on communicating with a minor or interfere with his or her upbringing and education;
• In the event of deprivation of parental rights, the defendant is unable to challenge the actions of the other parent with respect to the child;
• A disenfranchised parent may not inherit a minor, nor may he rely on financial support in his old age.

At the same time, a claimant who has won a case of deprivation of parental rights for non-payment of maintenance benefits may, for example, change the child ' s personal data (FIO) without agreement with the other parent, take him abroad without a permit and initiate the process of adoption by the new spouse.