Deprivation of parental rights, perhaps, is currently the most severe measure of family legal responsibility. Moreover, it is used only in special, exceptional cases, when it is necessary for the well-being and normal existence and upbringing of the child. The very grounds for the deprivation of parental rights are strictly regulated by law. Article 69 of the UK provides an exhaustive list of conditions, in the presence of any of which a child should be taken from mom or dad, or from both at the same time. For any other reason, the application of this sanction is unacceptable.
What is parental deprivation?
The Family Code does not contain a normative, state definition of this concept. In the doctrine, by the deprivation of parental rights is meant only the measure of responsibility of the father or mother, or both at the same time, for improper fulfillment or complete non-fulfillment by them of their direct responsibilities for the education of offspring. Some scholars believe that this sanction is nothing but a way to protect the interests of the child. This kind of decision has special legal consequences for all who it affects. It is well known that in a biological sense, a kinship between a child and its parents cannot be ruled out. In the legal aspect, this is possible. So, in such cases, the parents (or one of them) lose all the rights and obligations regarding their offspring that arose on the basis of kinship. This decision is accompanied by a change in the child’s place of residence.
What are the reasons for the deprivation of parental rights?
Each country, including Russia, has its own list of reasons for which it is possible and necessary to apply the family legal measure of responsibility we are considering. The grounds for the deprivation of parental rights are given in article 69 of the Family Code. The legislator referred to them:
- abuse of authority;
- chronic alcoholism, as well as the addiction of parents or one of them;
- child abuse;
- intentional commission of a crime against his children or spouse;
- evasion of the performance of their direct duties in relation to the offspring;
- unreasonable refusal to pick up a child from a maternity hospital, kindergarten or other institution.
Thus, these bases are the same regardless of gender. Therefore, it is incorrect to ask about in what cases the deprivation of the parental rights of the father is provided . The reasons for this are the same as for the mother.
What are the consequences of applying this kind of punishment?
The grounds for the deprivation of parental rights constitute violations of children's rights. Therefore, in view of the fulfillment of the prescribed actions, the offender is forced to undergo adverse and undesirable consequences for him. They are a complete deprivation of rights that were based precisely on the fact of kinship. Despite this, parents do not lose their direct duties - for example, to contain offspring. In addition, the question is also raised about the future residence of the child. It is possible that in connection with this situation, he will have to leave his unreasonable parents.