Statement of claim for deprivation of parental rights (sample)

Deprivation of parental rights is a very serious step that can affect the psychological state of the child and his development. That is why the Family Code of the Russian Federation calls on judges to carefully consider each specific case on this issue. The mere desire of one of the parents is not enough to deprive any of them of parental rights. The father himself cannot abandon the child, just as the mother cannot deprive the father of parental rights unless there are compelling reasons for doing so.

At the same time, cases of deprivation of parental rights are considered in court. Judges act in the best interests of the child, and often cases from mothers or fathers seeking termination of parental rights are rejected. There may be a lot of reasons for this, and this article will discuss in detail how to deprive a father or mother of parental rights.

Contents: 1. Grounds for deprivation of parental rights 2. Deprivation of a father's parental rights without his consent 3. What evidence is needed for deprivation of parental rights 4. Statement of claim for deprivation of parental rights 5. What are the consequences of deprivation of parental rights

Grounds for deprivation of parental rights

A situation often arises that one of the parents, with whom the child remained to live after a divorce, wants to achieve the deprivation of parental rights for the father or mother for his own personal reasons. In particular, this may be hostility remaining after marriage, or a desire to take the child out of the country without the consent of the other parent.

In addition, deprivation of parental rights will protect the child from having to pay child support in the future. Another reason that prompts a mother to think about depriving her father of parental rights is a new marriage and the desire of her husband to adopt her child.

However, all the reasons listed in this paragraph are not sufficient to deprive parental rights.

The Family Code of the Russian Federation, Articles 69 and 70, indicates what grounds may be for deprivation of parental rights. Their complete list is as follows:

• An intentional crime on the part of a parent aimed at causing harm and health (threatening the life) of a child;
• Confirmed chronic dependence on alcohol or drugs;
• Inappropriate treatment of a child: moral and psychological pressure, sexual harassment, physical harm, abuse of parental rights;
• Failure to fulfill the duties of a parent, in particular, a father or mother may be deprived of parental rights in case of malicious evasion of child support payments. In particular, for this they may face criminal liability;
• Reluctance of the father or mother (for an unexcused reason) to take the child from institutions: educational, social protection, medical, educational, maternity hospital or others.

Each individual situation is carefully considered by the court, and when filing a claim for deprivation of parental rights on one of the grounds, the plaintiff must have an evidence base.

Deprivation of father's parental rights without his consent

It is a common belief that if the defendant in a case of deprivation of parental rights independently disowns the child, declaring that he does not want to take care of him, there is a greater chance that the court will grant the claim.

This is not true, and even if the mother or father agrees to lose the rights to the child, this will in no way affect the court’s decision.

It is impossible to voluntarily renounce paternity or maternity, and deprivation of parental rights is provided only upon the initiative of: the legal guardian, guardianship and trusteeship authorities, the prosecutor's office, and other organizations that are responsible for protecting the rights of minor children.

An example can be given that a lawsuit to deprive a father of parental rights is filed by a mother. If her father informs her that he is not against such a development of events and even provides consent to the deprivation of parental rights in writing, she will, in any case, have to collect evidence so that the court considers sufficient grounds for terminating paternity.

What evidence is needed to deprive parental rights?

It was noted above that each situation is considered individually by the court, to which the plaintiff is obliged to provide evidence sufficient to deprive the father or mother of parental rights.

Moreover, if the list of grounds is reflected in the Family Code, then data on what constitutes evidence of certain actions cannot be found there.

Let's consider the most common cases in which a decision is made to deprive a father of parental rights, as well as the evidence that is provided in such situations:

• Abuse of parental rights. For example, when a father forces a child to beg, steal, or use drugs and alcohol. Facts of such impacts should be recorded via video/audio or by witnesses, preferably representatives of the guardianship authorities. Also, a father’s refusal to give consent for a child’s tourist or educational trip abroad, in the absence of grounds, can be considered an abuse of rights;
• Alcohol and drug addiction is confirmed by medical reports;
• Malicious failure to pay alimony must be documented. Moreover, if the mother did not file for collection of alimony through the court at a time when the father did not pay, a decision on depriving him of parental rights based on this fact will not be made.

Before filing a claim to deprive a father of parental rights, it is recommended to consult with representatives of the guardianship authorities. They will determine whether there is sufficient basis and evidence.

When considering a case of deprivation of paternity or maternity, a child may be called as a witness for questioning if he is over 10 years old.

According to Article 179 of the Civil Procedure Code of the Russian Federation, a guardian or teacher must be present during a conversation with a child. The child's testimony may be decisive in the decision of the case.

Examples of some questions that children are asked when making a decision to terminate parental rights:

• Does he understand why he was asked to attend the survey and what the impact of his answers will be?
• Did anyone force him to memorize the answers specifically for this conversation?
• How does the child relate to mom/dad?
• How often does the guardian whose parental rights are being terminated give him gifts, visit him, call him and ask about his affairs?

In this case, the conversation is conducted without the presence of the defendant, and its results are not disclosed to him.

Statement of claim for deprivation of parental rights

In each situation, the package of documents submitted for trial on the issue of depriving the father of parental rights (or mother) is individual. Moreover, it necessarily includes a claim. The rules for drawing up a statement of claim are standardized, and it must contain the following data:

• Full name of the court in which the claim is filed;
• Information about the plaintiff: last name, first name, patronymic, registration address and place of residence (if they differ). When a claim is filed by a representative, it is also required to indicate his data to the same extent;
• Information about the defendant: last name, first name, patronymic, registration address and place of residence (if they differ);
• Detailed information about the reason for filing the claim. It is necessary to describe in as much detail as possible what became the reason for requesting deprivation of parental rights. The plaintiff is also obliged to indicate the circumstances and evidence that he has, accompanying them with appropriate comments;
• List of documents that are attached to the statement of claim.

Download a sample statement of claim for deprivation of parental rights

Lawyers recommend attaching the following list of documents to the statement of claim for deprivation of parental rights:

• Copies certified by a notary: passport, birth certificate of a child, documents on marriage and divorce;
• Sufficient evidence to deprive the father or mother of parental rights;
• Certificate and description from the plaintiff’s place of work. If possible, you can take a reference from the defendant’s place of work, but it should not always be attached to the statement of claim;
• Information about the child’s place of residence, it is best to draw up a housing survey report and attach it.

Important: When filing a claim for deprivation of parental rights, you can also file a claim for alimony. The law provides that the loss of parental rights to a child does not relieve a person from the need to pay child support.

What are the consequences of deprivation of parental rights?

If the defendant is deprived of rights to the child, all rights acquired as a result of kinship cease to apply on his part. He will not be able to communicate with the child, raise him, claim to spend time together, act as a representative of the child as a guardian, or claim benefits associated with having a child. Also, after deprivation of parental rights, a citizen loses the opportunity to adopt or establish guardianship of children.

It is important to note that the child continues to retain rights to alimony and inheritance from the deprived parent.

( 426 votes, average: 4.54 out of 5) Loading…

Statement of claim for deprivation of parental rights

How to draw up and submit a statement of claim to the court for deprivation of parental rights? This question is asked by many women whose ex-husbands do not take any part in the child’s life.

They do not pay child support, do not want to see and communicate with the child, they do not provide any assistance to the children. And it’s not uncommon for such parents themselves later, in old age, to want to receive alimony from their children.

 In order to save the child from problems in the future, you need to draw up and submit a statement of claim to the court for deprivation of the parental rights of the negligent parent.

What is termination of parental rights? 

Termination of parental rights is the deprivation of a parent's right to raise their child. Deprivation of parental rights includes cohabitation between the child and the deprived parent, care for the child’s health, his education, upbringing and development.  

Citizens deprived of parental rights lose all rights based on the fact of relationship with children. Legally, they are no longer considered his parents; the children’s descendants will not be their relatives. Such parents do not have the right to claim inheritance, receive maintenance, and are deprived of benefits and allowances associated with having children.  

Only a court can deprive parental rights. To do this, a statement of claim for deprivation of parental rights is drawn up and filed. if a citizen has several children, then deprivation of rights in relation to one of them does not deprive rights in relation to others. That is, each child needs its own court decision.

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

Not everyone can bring a claim for deprivation of parental rights. The law determines that only certain categories of citizens or government bodies have the right to go to court.

Firstly, a claim for deprivation of parental rights can be filed by one of the child’s parents (mother or father) against the second parent.

In this case, the right to file is confirmed by the very fact of a family relationship with the child. confirmed by an entry in the birth certificate.

In this case, it does not matter whether the parents live together or separately, with which of them the children live, this does not in any way affect the right to file a claim for deprivation of parental rights.

Secondly, the plaintiff may be the child’s guardian or trustee. The main thing here is that guardianship and trusteeship are officially established. Guardians can be both relatives of the children and complete strangers.

Guardians and trustees have the right to request the deprivation of parental rights of both one parent and both. Here I would like to note that grandparents do not have the right to file a claim for deprivation of parental rights without registering guardianship.

 

Thirdly, the right to file a claim for deprivation of parental rights belongs to special bodies that protect the rights of children (prosecutor's office, guardianship authorities, administrations of shelters, orphanages and specialized institutions for children). It is to these bodies that citizens need to contact if they themselves do not have the right to deprive parents of their rights to their children by petitioning the court to file a claim.

Grounds for deprivation of parental rights

The grounds for deprivation of parental rights are specified in Article 69 of the Family Code of the Russian Federation, these include:

• evasion of parents' parental responsibilities;
• malicious evasion of alimony payments;
• refusal to pick up a child from a maternity hospital or a special institution for children;
• abuse of parental rights;
• child abuse;
• the presence of chronic alcoholism or drug addiction;
• committing a deliberate crime against the life or health of one’s children or against the life or health of a spouse.

This is an exhaustive list of grounds for deprivation of parental rights. The text of the statement of claim must indicate one or more of these grounds. In addition, it is necessary to describe in detail what the grounds are in relation to a particular case, and provide the most typical examples.

Drawing up a statement of claim for deprivation of parental rights

The hardest part about terminating parental rights is starting the process. It is not always clear where to start and how to proceed. Even after overcoming the psychological barrier, problems always arise in justifying one’s position and doubts about the correctness of these actions. Therefore, you need to be firmly convinced that there is no way to do without depriving parental rights.

It is best to start the process of deprivation by visiting the guardianship authority at your place of residence. The inspector will listen, give recommendations, and outline the prospects of the case.

 Having experience in resolving such situations, he will be able to advise on the best course of action, what actions to take and what evidence will be required in court.

The guardianship authority necessarily participates in the consideration of such cases, examines living conditions, gives an opinion on the possibility of deprivation of parental rights, so you need to immediately establish good contact with them.

It is necessary to describe the child’s attitude to this process. It should be borne in mind that a child over 10 years old will be summoned to court and will express his position there on the possibility of deprivation of parental rights. Therefore, you need to prepare the child for this in advance, have a conversation with him and explain why all this is being done.

Filing and consideration of a claim for deprivation of parental rights

The claim is filed in the district court at the defendant’s place of residence. When filing a claim for deprivation of parental rights, no state fee is paid, since the application is submitted to protect the rights of a minor child.

In cases of deprivation of the rights of a father (or mother), a representative of the guardianship and trusteeship authority and a prosecutor must take part.

Sometimes the question arises: if the defendant lives in another city, which guardianship authority and prosecutor should be involved in the case? Judicial practice indicates that it is necessary to involve authorities located in the same area as the court.

If necessary, the court may request all necessary evidence from the guardianship authorities located at the plaintiff’s place of residence. If it is necessary to question witnesses or request evidence located in another area, you can submit a petition to the court for a writ of letters.

When considering a case and making a decision, the court is obliged to decide the question of who will receive the child after deprivation of parental rights. Therefore, in the statement of claim, the plaintiff should justify his position on this issue. The child may be transferred to another parent, guardian or guardianship authorities.

The final court decision decides the issue of collecting alimony for the maintenance of the child. The plaintiff’s position on the amount of alimony and the collection procedure will also be taken into account by the court.

When drawing up a statement of claim for deprivation of parental rights in court, we recommend that you adhere to the general rules for filing a statement of claim.

Sample statement of claim for deprivation of parental rights

• IN __________________________________
• (name of court)
• Plaintiff: ______________________________
• (full name, address)
• Respondent: ____________________________
• (full name, address)
• Guardianship and trusteeship authorities: ___________
• (full name, address)
• Prosecutor: ___________________________
• (name of prosecutor's office, address)

 

Statement of claim for deprivation of parental rights

The defendant _________ (full name) is the father (mother) of the minor _________ (full name of the child (children), place and date of birth). The defendant has been improperly exercising parental rights for a long time.

Does not care about his (their) upbringing and development. Does not take care of the health, physical, mental, spiritual and moral development of the child (children). This is expressed in the fact that _________ (indicate reasons).

Violation of the rights and interests of a child (children) is expressed in _________ (cruel treatment, abuse of parental rights, chronic alcoholism or drug addiction, commission of a deliberate crime against the life or health of one’s children or against the life or health of a spouse, etc.)

Ask:

1. Deprive parental rights of _________ (full full name of the defendant) in relation to _________ (full name of the child (children), place and date of birth).
2. Transfer the child (children) _________ (full name of the child (children), place and date of birth) to the care of _________ (full full name of the plaintiff).
3. To collect from _________ (full name of the defendant) ____ year of birth, native of _________ (city, region) in my favor alimony for the maintenance of _________ (full name and date of birth of each child) in the amount of _____ part of all types of earnings monthly, starting from the date of filing the application (specify date) until the children reach adulthood.

List of documents attached to the application (copies according to the number of persons participating in the case):

1. Copy of the statement of claim
2. Birth certificate of the child(ren)
3. Other documents confirming claims for deprivation of parental rights

1. Date of application “___”__________ ____ Signature of the plaintiff _______
2. Download a sample application: 
3.   Statement of claim for deprivation of parental rights

Questions regarding a claim for deprivation of parental rights

I want to deprive my father of parental rights, I was married, divorced, the father is not interested in the child, does not help, does not give gifts, and neither do his relatives. We also often take the child to doctors for a fee, the father has no idea, there is information that he is a drug addict. I quit my job, left the city, how can I describe all this in my statement of claim?

Write a statement of claim using this sample. Describe when you divorced your husband, why he does not communicate with the child, does not provide financial support. You can ask the court to request information about the defendant from a narcologist.

Drug addiction is one of the serious grounds for deprivation of parental rights. Additionally, you can get a certificate from the pediatrician stating that only you take your child to the appointment.

You should first contact the guardianship authority, they can conduct a conversation with the defendant and identify his attitude towards the possibility of deprivation of parental rights, and will help with collecting documents.

Be prepared that you will need to invite witnesses to the court who will talk about the defendant’s attitude towards the responsibilities of raising and supporting the child. The court may satisfy the requirements if it determines that there were no obstacles on your part in communication between father and child.

Officially divorced, she filed for alimony, and immediately her ex-husband maliciously evaded. He was convicted more than once for malicious evasion. She filed a claim for deprivation of parental rights, but it was rejected due to insufficient evidence.

Now I want to deprive him of parental rights once again. The reason is malicious evasion of alimony and neglect of parental rights, i.e. does not take any part in the child’s life.

I think I'm not the only one with this situation.

Use this sample statement of claim. In the court's decision to dismiss the claim, the court should have warned the defendant about the need to change his attitude towards raising the child.

In the new statement of claim, describe the situation after the decision, indicate that it has not changed. Stock up on documents about the defendant’s evasion of alimony payments.

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

The fact is that I want to deprive my father of parental rights; the defendant lives far from us. I won't be able to come to the trial. How can I write in a claim that I will not be able to attend the court hearing? Is this even possible?

If, simultaneously with the deprivation of parental rights, you make a demand for the collection of alimony, you can file a claim in court at your place of residence.

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

I would like to apply for alimony and deprivation of parental rights, but I only know that he lives in another region, and I don’t know where exactly. What to do and where to go?

If the defendant's address is not known, you can file a claim at the last known place of residence. If the statement of claim for deprivation of parental rights makes demands for the collection of alimony, you can file an application with the court at your place of residence.

Is deprivation of parental rights a long process? How can I speed it up? The fact is that my son is going to go to study at the Academy of the Prosecutor's Office, and there it is impossible for close relatives to have criminal records. And the ex-husband has already been convicted twice for evading alimony payments.

The court must consider the case within 2 months from the date of receipt of the statement of claim for deprivation of parental rights to the court.

This period may increase: poor-quality preparation of the statement of claim, which will entail the need to change the grounds or subject of the claim; the need for lengthy collection of evidence in the case; failure to notify persons involved in the case, which will lead to the postponement of court hearings; long period of inspection of living conditions by guardianship authorities. Therefore, in order to speed up the consideration of the case, you need to establish contact with the guardianship department, collect all the evidence, draft a high-quality statement of claim, and help the court notify the defendant against signature of the time and place of the court hearing. The best option would be if the defendant himself comes to court and admits the claims.

Is it necessary to write the prosecutor and guardianship authorities in the header of the statement of claim for deprivation of parental rights? If so, where can I get the data?

You don’t have to write them if you don’t know the exact data; the court itself will involve them in the case. It is advisable to attach copies of the claim material for them.

Statement of claim for deprivation of parental rights of a father who abandoned a child

• Sample statement of claim for deprivation of parental rights of a father who abandoned the child in writing.
• To the court of _______ city (district) _______________
  ____________________ region
• PLAINTIFF : _____________________________
  ___________________________ year of birth,
  place of residence and registration: city ___________________, street _______________
  IIN _________________________
  Mobile phone number _________________________
• email address ____________________
• DEFENDANT : __________________________
  _______________ year of birth,
  place of residence and registration: city ___________________
• IIN, mobile phone number and email address are unknown
• THIRD PARTY : State Institution “Department of Education of the city (district) ___________________”
  location: city __________________, street _____________________
• BIN, bank details, email address unknown

STATEMENT OF CLAIM
for deprivation of parental rights

1. I, ___________________________, and the defendant, ______________________________, lived together without registering a marriage from ____________ to ______________.

2. Based on the certificate of paternity, the defendant was recognized as the father of a minor child _______________________, “___” _______________, born in 20____, about which entry No. _______________ was made in the book of registration of acts of paternity.

3. “___” ____________ 20___, the defendant wrote a statement that he renounces all parental rights in relation to his child - _______________________, certified by a notary ______________________.

The defendant does not participate in raising the child and does not help financially. During all this time, he was never interested in the fate of the child, his hobbies and interests. The defendant never cared whether the child had the necessary supplies, clothes, shoes.

There is no close trusting relationship between the child and the father. The defendant treats the child with indifference. The child does not know or recognize his father. These arguments can be confirmed by the following witnesses: __________________________, invited to the court hearing to testify.

By a court order dated “___” _________ 20___, alimony for the maintenance of a minor child in the amount of ______ from his earnings and income was collected from the defendant in my favor. The defendant does not fulfill his obligations to pay alimony. According to the certificate from the ____________ department of bailiffs, the amount of alimony debt for “__” ________ 20___ amounted to ______________ tenge.

In accordance with paragraphs 1.2 of Article 70 of the Code of the Republic of Kazakhstan “On Marriage (Matrimony) and Family,” parents are obliged to take care of the health of their children, parents have the right and obligation to raise their children.

According to paragraph 1 of Article 75 of the said Code, parents (one of them) may be deprived of parental rights if they evade the duties of parents, including malicious evasion of alimony payments.

• In accordance with paragraph 11 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated April 28, 2000 No. 4 “On the application of legislation by courts when resolving disputes related to the upbringing of children,” parents’ evasion from fulfilling their responsibilities for raising children can be expressed in a lack of concern for their moral and physical development, training, preparation for socially useful work, malicious evasion of alimony payments.
• The actions of the defendant, who evades his duties to support and raise a child and renounces his parental rights to him in writing, indicate the existence of grounds for deprivation of parental rights.
• Based on the foregoing,
• I beg:
• deprive ____________________________, "___" ___________19____ year of birth, a native of ________________________ of parental rights in relation to the minor son (daughter) _________________________________, "____" ___________ 20____ year of birth.
• Applications:

1. Receipt for payment of state duty.
2. A copy of the paternity certificate.
3. A copy of the birth certificate.
4. A copy of the application for relinquishment of parental rights.
5. Certificate of the amount of alimony debt.

I undertake to provide the originals of these documents at the court hearing.

"___" ___________20___ Plaintiff _____________________

Claim for deprivation of parental rights: application, sample

Updated 07/03/2022

2018-07-28T13:55:37+03:00

First of all, let’s determine what responsibilities the law gives parents in relation to their child. In this matter we can highlight:

• upbringing;
• health;
• development - moral, mental, spiritual, physical and so on.

If the mother and father do not fulfill their duties, then this is usually followed by this difficult procedure.

https://www.youtube.com/watch?v=IsioYWrzNac

How to do this, and what restrictions will follow, can be read in the Family Code of the Russian Federation (hereinafter referred to as the RF IC), namely in Articles 69 and 70. In particular, from these articles it becomes clear that only the court can make such decisions, that is, this the procedure is carried out by the court, and only by it.

A claim for deprivation of parental rights filed in court by:

• one of the parents;
• prosecutor;
• guardian;
• child protection.

Cases are considered with the participation of the prosecutor and guardianship authorities, as well as deprivation of the father without his consent. An application for this procedure is submitted by any of the listed persons. Based on the results of the meeting, a decision is made.

It is useful to know what a sample petition to the court looks like.

Let us consider the reasons for this extreme measure. What can they deprive of their rights for? This may happen for the following reasons:

1. If they do not fulfill their duties (he does not pay the required alimony, does not look after the baby, and so on).
2. If they do not want to take the baby from the maternity hospital.
3. If they maliciously abuse those rights in relation to the child that are given to them by Russian legislation.
4. If they are cruel to their children. (They beat them, oppress them, and so on).
5. If they are recognized as drug addicts or alcoholics.
6. If they commit actions that are harmful to the life or health of the child.
7. If a parent commits contradictory actions that pose a threat to the life and health of the other parent.

Very serious reasons are needed for the court to make a fateful decision.

Find out what is the basis for canceling the adoption of a child?

Free legal consultation

Free legal consultation

We will answer your question in 5 minutes!

Ask a Question

We will answer your question in 5 minutes!

Let's consider situations when the court turns to the last measure of influence on a negligent parent, and the procedure itself - how to deprive the father of parental rights. In the event of a malicious and repeated violation of the child’s rights or abuse of rights, the mother may file a claim in court under this procedure.

The procedure against the father should begin with the filing of a statement of claim, in addition to general information about the plaintiff, it contains the grounds on which the plaintiff demands to carry out this procedure. A package of documents is attached to the application.

What documents are needed:

1. Notarized copies of the passport, marriage certificates (divorce), a copy of the child’s birth certificate. If you have lost your birth certificate, find out whether it is possible to restore your birth certificate if it is lost.
2. Report on inspection of living conditions.
3. Certificate and description from the plaintiff’s place of work.
4. Written evidence of violation of the rights of his child by the father or abuse of him is grounds for deprivation of paternity.

• The court considers the submitted application, listens to the parties and makes a decision on the submitted application.
• To deprive a father of parental rights whose child is 10 years old, the latter must be present in court, where he will be asked certain questions in the presence of the mother or teacher.
• As judicial practice shows, most often the deprivation of a father’s rights occurs due to non-payment of alimony.

What goals does a woman usually pursue when she decides to undergo this procedure? A negligent father is deprived of the right to education and communication, to determine where his child will live, etc., and he can no longer live with him and will be required to move out of the apartment.

Deprivation of a mother's rights is a last resort. They are used only if other measures have already been used and have not brought benefit.

The court makes such a decision - deprivation of maternal rights - only when the child needs to be protected from communication by the mother.

Not every qualified lawyer will take on such a matter as depriving a single mother of her rights in favor of her father. This process is complex, as judicial practice shows. And it doesn’t matter who you are, the defendant in such a case, or the plaintiff, in any case you need to involve a professional lawyer. Let's look at how to deprive a mother of parental rights.

Free legal consultation

We will answer your question in 5 minutes!

Reasons:

Free legal consultation

We will answer your question in 5 minutes!

• if the mother does not take care of the child;
• if the mother does not monitor the child (leaves it unattended for a long time);
• if the mother does not want to take him from the maternity hospital or from any other medical institution;
• if the mother uses her child for personal gain (blackmail or begging);
• if a mother behaves cruelly towards her child;
• if the mother is recognized as a drug addict
• if the mother drinks (alcoholic)

In the latter case, the mother will first of all be forced to undergo compulsory treatment. Only if it does not help will a court decision be made to deprive the child of maternity.

By the way, it’s useful to know how to get paternity leave for your father.

To begin the legal process, it is important to file a lawsuit. To do this, you need to provide a lot of information. The statement of claim for deprivation of parental rights must contain:

1. Name of the court.
2. Full name of the plaintiff.
3. Plaintiff's address.
4. Full name of the defendant.
5. Defendant's address.
6. Requirements, complaints, available facts and evidence.

The procedure for registering a newborn is regulated by relevant articles of legislation. Both mom and dad or relatives are allowed to do this.

What documents are needed to start the procedure? There is no universal package of documents that are required to be collected. In each situation, documents are collected individually. The grounds for this procedure must be compelling, and only those specified in Russian legislation in Art. 69 – 70 RF IC.

It is useful to find out who can apply for and receive a certificate for a large family and how to register a child at a new place of residence.

Download: Sample claim for deprivation of parental rights

Statement of claim for deprivation of parental rights

Here you can download a free sample application, fill it out yourself and submit it to court. If you have any difficulties filling out the application or presenting it, then call us, we will help solve your problem!

Download the statement of claim

• In *** court of ***
• Court location: ***
• (The name and address of the specific court to which you will need to apply will need to be determined independently, having previously familiarized yourself with the necessary provisions of the Civil Procedure Code of the Russian Federation, and sometimes also the RF IC)
• Plaintiff: ***
• Location: ***
• tel. ***
• (It is important to understand that in order to have the right to be a plaintiff in this case, this right must be expressly provided for you in the law. Therefore, before filing a claim, carefully read the articles of the RF IC)
• Respondent: ***
• Location:***
• tel:***
• (Try to indicate all possible contacts and addresses of the defendant, because the speed of the process directly depends on how much the court has the necessary information. If the defendant is notified at at least one address, then this will be accepted as proper notification.
• Also, I would like to note that the claim itself must be filed precisely at the place of official registration of the defendant. But sometimes the plaintiff gets the right to file a claim at his place of residence. Specific cases in which this is permitted can be found in the Code of Civil Procedure of the Russian Federation)
• Third parties:
• Bodies of USZN *** cities ***
• Location:***
• (The list of third parties depends on the specific circumstances of the case. But, in any case, the involvement of the USZN will be required. In order to indicate the correct USZN, you need to refer to the rules for the distribution of territory between these competent bodies for children's rights)

STATEMENT OF CLAIM

about deprivation of parental rights

I, Full Name, was in a relationship with Full Name, we lived together, we had a common life. During our life together, we had a child, full name.

Due to the fact that our family with full name broke up, we stopped living together and soon divorced. (If the persons are still in a registered relationship, then this should also be written in the claim).

Now our child lives with me. I alone raise a child, support him, take care of his education, health, etc. The father/mother does not help us.

(Next, it is worth listing in detail in which areas of the child’s life the defendant does not participate; perhaps request confirmation from the school, kindergarten, or hospital.

If there is chronic drunkenness, drug addiction on the part of the defendant, his unreasonable aggression and cruelty, then this must also be indicated in the claim.

All, even insignificant, in your opinion, details, but somehow related to the grounds for deprivation of rights, must appear in your claim so that the court has a complete picture of the entire case..

Based on Art. 69 of the RF IC, parents may be deprived of all rights to the child if they: (here you should indicate the specific point that you consider applicable in your case).

• It will be very useful to read and select the norms that are suitable for you from the Code of Civil Procedure of the Russian Federation, the Civil Code of the Russian Federation, the practice of higher courts, as well as resolutions.
• Based on this law, and also because now the rights of my child are not properly fulfilled and the full name is violated, I ask the court to deprive the full name of his rights to the child’s full name, date and place of birth.
• Based on what was stated above, guided by Article 69 of the RF IC (there should also be additional articles and norms that you cited in the claim)
• Ask:

1. Deprive parental rights of the child’s full name, full name, date and place of birth.

2. Additionally, a request for settlement of other controversial issues directly related to the deprivation of rights may be submitted. For example, the collection of alimony.

Applications:

• 1. Photocopy of the claim Photocopies must be made according to the number of all participants in the case.
• 2. A photocopy of a document that confirms the fact of the birth of the child. The copy must be specially certified by a notary. But if it is not difficult for you to bring the original certificate with you, then you can do without certification.
• 3. A photocopy of a document that will confirm whether you are married or divorced. The copy must be specially certified by a notary. But if it is not difficult for you to bring the original certificate with you, then you can do without certification.
• 4. Receipt for payment of duty. In order for the claim to be accepted by the court, the applicant must pay a fee to the state. budget. To find out the exact amount and details you need to refer to the law. The Tax Code of the Russian Federation will allow you to find out the correct amount, and in the Code of Civil Procedure of the Russian Federation you will find out the court where you need to apply, and look at the specific details on the official portal of the court.
• 5. Photocopy of passport. An ordinary copy is sufficient, but you need to bring the document itself with you.
• 6. Certificate from kindergarten/school. A certificate and characteristics for the child must be obtained from the appropriate institution, and it must have all the necessary seals and signatures of all authorized persons. To obtain such a certificate, as a rule, a court request is required, which is issued to you only after preparing a correctly executed petition.
• 7. Certificate from additional educational institutions that the child attends. A certificate and characteristics for the child must be obtained from the appropriate institution, and it must have all the necessary seals and signatures of all authorized persons. To obtain such a certificate, as a rule, a court request is required, which is issued to you only after preparing a correctly executed petition.
• 8. Certificate from the clinic the child visits. This document is required so that the court can establish that the defendant did not take care of the child's health. Obtaining a certificate is usually only possible at the request of the court.
• 9. Certificate from a drug-psychiatric dispensary. These certificates are required if you are trying to prove that the defendant is a serious alcohol or drug abuser. To obtain a certificate, apply to the court and, having received the request in your hands, you can safely go to the dispensary you need and receive the document.
• 10. Certificate of alimony debt from OSSP. If the defendant has a debt for alimony, and you plan to use this fact to deprive him of his rights, then you should contact the bailiffs so that they calculate the debt and prepare an official decree for you. In some cases, such a resolution is prepared only after receiving a request from the court.
• 11. Conclusion of a psychologist. In order to identify the child’s real opinion, it is highly recommended to obtain an opinion from a specialist qualified in the field of psychology and psychiatry. A properly prepared conclusion can also be included in the list of attachments and submitted to the court.
• 12. Certificate from the police. If the defendant has ever been detained for rioting while drunk, or was deprived of his license for driving while intoxicated, or there is evidence of real threats of violence on his part, then contact the court with a request to provide this information.
• 13. Other extras documents. Since each case is very individual, it is impossible to designate a single package of documents for all cases. To determine all the important evidence in the case, you need to study the essence of the issue, analyze the state of affairs and only after that prepare the necessary petitions and request evidence.

FULL NAME ______________________

" "_______________2______g

The statement of claim in cases of depriving parents of their rights to raise children is the main and extremely important document in which the applicant has the opportunity to most fully reflect the entire current situation, provide arguments in his favor, and indicate the grounds for deprivation of parental rights.

It is important to understand that a correctly and competently prepared claim is the key to a successful resolution of the case, and therefore in no case should you neglect this stage of the deprivation of rights procedure or treat it without due attention.

Our lawyers, who have been specializing in this category of cases for a long time, are always ready to help you prepare a statement of claim that will truly and accurately reflect your position in court. Contact us and be sure that you will get the maximum result!

What should the claim contain?

Claims must be presented in the appropriate form provided for by civil procedural law, and in this regard, there are several mandatory provisions that each claim must contain. Otherwise, the court may simply refuse to accept the requirements for proceedings.

So, what must be indicated in the claim:

• 1) Correctly identify the right court to which you should apply, and indicate the full name and address of the court in the header of the claim. It would seem that there is nothing complicated in this requirement, but in practice, many people have difficulties already at this stage. Since the claim is filed in court at the place of registration of the defendant, the unknown location of the defendant often causes difficulties for the applicant, and it takes a lot of time and effort for the claim to be accepted by the right court. If you encounter such difficulties, call us, and our specialists will quickly and without unnecessary red tape help you decide on the right position and tell you where to go.
• 2) Indicate in the claim the plaintiff and defendant, as well as the registration and residence addresses of the parties. If you forget to indicate one of the parties, your claim will be considered non-compliant and will be denied.
• 3) Further in the claim it is worth citing the circumstances in full and in detail. Indicate the facts with which you attribute, in your opinion, the negative impact of the defendant on the child. It is highly advisable to provide the legal norms on which your claim is based.

Deprivation of parental rights. Where to file a claim?

When depriving parental rights, the claim must be brought exclusively to the district court, and when determining a specific district court, you must adhere to one of the following criteria:

• 1. The official registration address of the defendant;
• 2. The address where the defendant has at least temporary registration;
• 3. If you do not know where the defendant is registered, then when determining the court, you can start from the last place of residence known to you.
• 4. File a claim at the place of your registration.

It is also worth considering that you have three completely equivalent opportunities to submit your written request to the court:

• 1. Submit the claim and documentation at an individual appointment to the judge:
• 2. Submit documents to the judicial expedition;
• 3. Send your application by registered mail.

All of the above methods have exactly the same power, and you need to choose one of them based solely on your employment and time capabilities to go to court.

Deprivation of parental rights. State duty when filing a claim

To be able to consider each claim in court, the interested party will have to pay a mandatory fee.

So, if you are deprived of your rights, you will need to pay a fixed amount to the state - 300 rubles (this cost is relevant for 2015).

If, at the same time as deprivation of rights, you want to ask the court to also resolve another issue, for example, divorce, then you will have to pay for the second dispute. For divorce, the fee is currently 600 rubles.

Objections to the claim for deprivation of parental rights.

1. Objections to a claim are written disagreements of the defendant with the initial demands stated by the plaintiff.
2. At what point can I file an objection?
3. The defendant has the opportunity to declare his disagreement virtually at any time during the consideration of the case, the main thing is that this happens before the final decision is made.

4. Thus, the defendant may submit to the court the following objections:

• 1. At the stage of preparing the case for trial;
• 2. At the court hearing itself;
• 3. At any intermediate moment, you can submit your objections either personally to the judge at the reception, or submit this documentation through the expedition.

• Do I need to attach anything to the objections?
• The answer to this question is definitely yes, but the specifics will depend on the specifics of your case and what evidence you have.
• So, it is worth saying that if you have written documents confirming your innocence, then they must be attached to your objections so that they do not look “unfounded.”
• The most frequently encountered documents in practice will be the following:

• 1. A certificate stating that you are properly paying funds for the child;
• 2. A certificate stating that you are not registered with an alcohol or psychiatric dispensary;
• 3. Your possible appeals to guardianship with a request to resolve the family conflict that has arisen;
• 4. Appeals to the district police officer or guardianship representative with a request to remove obstacles in communication with the baby;
• 5. Confirmation that you communicated with the child and gave him gifts;
• 6. Other information, depending on the basis on which you are being deprived of your rights.

1. Is there a state fee to pay when filing objections?
2. In order to state your objections to the deprivation of rights, you will not have to pay any additional fees; these documents are not subject to fees.
3. But it is necessary to distinguish objections from counterclaims, which may contain separate claims and fees are paid according to general rules.

Repeated claim for deprivation of parental rights.

• A repeated claim for deprivation of rights is filed, as a rule, in cases where the interested party failed to achieve a successful result the first time.
• How long before a new claim can be filed?
• Typically, all important and significant periods in family law are calculated in six-month periods, so a repeated claim can be made after six months.
• What must be included with the claim?
• In order for your application to be not only successfully accepted by the court for proceedings, but also considered with the result you need, it is worth attaching the following documents to your repeated application:

• 1. Certificates, as well as documentation that you attached to the original request;
• 2. Additional information that became known after the initial consideration of the case;
• 3. Documents that confirm that the defendant’s behavior has not changed, for example:
• a. Certificate of increased alimony debt;
• b. Information that the defendant continues to abuse alcohol;
• c. Information about whether the defendant communicated with the child:
• i. Certificate from school/gymnasium;
• ii. Certificate from kindergarten;
• iii. Certificate from the clinic;
• iv. Certificate from the child’s additional clubs and activities;
• d. A psychologist’s conclusion about how a child reacts to a parent who has appeared in his life.

• 4. Duty paid.
• 5. A copy of the court decision on your case at the first hearing.

1. When preparing claims, it is very important to walk the fine line between a well-written and detailed claim and unnecessary “water” and unnecessary details that will distract the court from the very essence of the case.

2. Our specialists, having extensive experience in preparing claims, will always help you reflect the current situation in the right light and successfully use the available evidence, providing the court with undeniable arguments confirming the expediency of deprivation of rights.

3. Call us and you will receive qualified support and assistance in the matter of deprivation of parental rights!

Do you need to file a statement of claim for deprivation of parental rights? Contact us, we will help you draw up a statement, edit it, and reflect all the nuances of the current situation. We will prepare the best statement of claim, because we specialize in this issue and resolve such legal disputes better than anyone else in Moscow.

Call us for a FREE consultation!

Statement of claim for deprivation of parental rights

Deprivation of parental rights is a last resort measure used in a situation where it is impossible to protect the rights and interests of the child in any other way. The possibility of deprivation of parental rights is stated in Article 69 of the Family Code of the Russian Federation.

The law provides for the following cases of deprivation of parental rights:

• evasion of parental responsibilities, including malicious evasion of child support;
• refusal, without good reason, to take your child from a maternity hospital (ward) or from another medical institution, educational institution, social welfare institution or other similar institutions;
• abuse of parental rights;
• cruel treatment of children, including physical or mental violence against them, attacks on their sexual integrity;
• chronic alcoholism or drug addiction;
• committing a deliberate crime against the life or health of one’s children or against the life or health of a spouse.

A statement of claim for deprivation of parental rights is submitted in writing to the district court at the defendant’s place of residence. The application shall indicate the following information:

• name of the court to which the application is filed;
• the name of the plaintiff, his place of residence, as well as the name of the representative and his address, if the application is submitted by a representative;
• name of the defendant, his place of residence;
• what is the violation of the rights and or legitimate interests of the plaintiff and his demands;
• the circumstances on which the plaintiff bases his claims and evidence supporting these circumstances;
• list of documents attached to the application.

If the prosecutor appeals to protect the legitimate interests of a citizen, the application must contain a justification for the impossibility of bringing a claim by the citizen himself.

A claim for deprivation of parental rights is brought at the place of residence of the defendant (Article 117 of the Code of Civil Procedure), and if it is unknown, then at the location of his property or at the last known place of residence.

Since determining the defendant’s place of residence is sometimes difficult, the way out of the situation is to simultaneously file a claim for deprivation of parental rights and collection of alimony. Then you can use Art.

118 of the Code of Civil Procedure, which allows this claim to be considered at the plaintiff’s place of residence. If he cannot be found, a search may be announced for evading payment of alimony.

When a parent who wants to be deprived of parental rights lives in the CIS, the legislation of the state in whose territory the children permanently reside applies

Deprivation of parental rights is possible only in relation to a specific child (children). You cannot deprive parental rights in relation to children who do not yet exist (i.e. for the future). Parental rights can only be deprived of the parents themselves, but not other persons replacing them (guardians, trustees, adoptive parents).

This also applies to adoptive parents, whose parental rights and responsibilities arise as a result of adoption, and not the descent of children from them.

In a lawsuit for deprivation of parental rights, the defendant, wishing to save the children, can assure the court that he is ready to immediately begin treatment for alcoholism and drug addiction. In such cases, it makes sense to postpone the hearing or even suspend it during the proposed treatment. Mandatory participants in the process are the guardianship and trusteeship authorities, as well as the prosecutor.

Deprivation of parental rights does not relieve parents from the obligation to support their child.

Therefore, when considering a claim for deprivation of parental rights, the issue of collecting alimony for the maintenance of a minor must be considered.

If there is no request for the collection of alimony, the court has the right to go beyond the claims (Article 195 of the Code of Civil Procedure) and resolve the issue of collecting alimony from the person deprived of parental rights on its own initiative.