Abuse of parental rights - this is what the legislators called the grounds for depriving the rights of negligent parents in article 69 of the Family Code. A ruling of the Supreme Court No. 10 in 1998 highlighted misconduct that could be considered a violation of the rights of the child. Over the years, legal norms have tried to reduce crime in dysfunctional families, and by means of measures they brought to account unscrupulous mothers and fathers. With actual abuse of parental rights, punishment is inevitable; supervisory authorities strictly monitor the moral and material condition of families.
What is considered abuse?
To use evil in relation to your child, what can sound more absurd? But such terrible legal facts happen in life that deputies in the Duma had to take seriously the issue of relations between older and younger generations. The Family Code devoted chapter 12 in article 65 to the rights and obligations of parents. These words stand side by side, where each action provided by law as a privilege smoothly turns into an obligation, and any deviation from the legislative provision becomes an abuse of parental rights. Legislators have tried to include in the legal act all kinds of guarantees aimed at protecting the interests of minors. Parents, using their rights, are obliged to act only to the benefit of their offspring:
- to develop and raise their own or adopted children;
- participate in their training, choose schools, colleges, institutes;
- communicate regularly;
- take into account children's aspirations, warn against violations of the rules of conduct within the law;
- financially contain;
- monitor the health of children, undergo periodic standard examinations in medical institutions, and if necessary, seek medical help on time.
Each step to the side, lack of care - this is an abuse of parental rights, failure to fulfill one’s duties imposed by ancestry before a person who was born.
Legal provisions
The country has different family development and condition. Caring for their well-being is one side, but the moral aspect of a single cell of society has always worried the Government, since the foundations of the whole state depend on it. Each family has its own national principles, roots, and the foundation on which education is built. If the mother and father have standard methods and only benefit the younger generation, but at the same time differ from the actions that take place in the neighborhood, this is not a crime. None of the cases on the grandmother’s unfounded accusation on a bench can be recognized as abuse of parental rights in the Russian Federation. A whole network of oversight bodies has been created in the country, but even they do not have the competent authority to make decisions regarding family carers and their wards. Guardianship, social protection together with the bodies of the Ministry of Internal Affairs can give an assessment:
- parental behavior;
- sanitary and material condition of citizens;
- baby development;
- health
- nutrition.
Through law enforcement agencies, together with the commission on affairs with minors, with the assistance of the prosecutor's office, the structures initiate an appeal to the court to take effective measures. The trial is authorized to decide on the fate of a particular family. Provided that evidence is presented about the abuses of the parental rights of the Russian Federation committed there, and poor care for a minor.
Signs of abuse
The law imposes, and state officials hope that parents will fulfill their duties: provide children with decent living conditions, provide education, financially support them until they grow up. In the RF IC, abuse of parental rights belongs to the same category with excessive use of power and non-compliance with their duties. Offenses against minor citizens include actions:
- physical violence in conjunction with rough treatment, regular beating;
- mental suppression with intimidation, humiliation, insults;
- coercion to addictions - alcohol, smoking, drugs, prostitution;
- the use of child labor using methods that violate the law, forcing to steal, beg;
- learning disabilities.
Each item characterizes family relations and if it becomes clear that parental rights are abused, article of the RF IC No. 69 indicates in which cases the rights of the child are violated, then the state protects it through competent bodies and public organizations.
Features of internal relations
Laws set limits in family relationships that no one has the right to transgress. When a person is born, his trustees have a number of pleasant worries if he is welcome there. The rule of law seeks to create a healthy society in all respects, but without the proper upbringing of the younger generation: educated, morally sustainable, this cannot be achieved. Children are brought up in different conditions, as well as in various parental legal relationships. These aspects differ:
- limited period - the child reaches adulthood and becomes financially free, in his right to gain independence at the age of 16 on the basis of the principle of emancipation;
- one-sided nature - parents have many responsibilities, unlike their children, who have only rights;
- legal equality with father and mother, wherever they live;
- realization of rights - in one direction with benefit for children;
- responsibility - parental behavior is regulated by criminal, administrative, family codes.
Article 69 of the Family Code does not provide a precise definition of abuse of parental rights. It describes the signs of unseemly behavior of parents and the possible consequences of a court ruling. Lawyers believe that a clear, well-developed system is needed that protects childhood from the unlawful effects of trustees, parents and adoptive parents.
Where does the offense begin?
The abuse of parental rights, judicial practice confirms, begins from the moment the interests of minors end. This parameter serves to determine the level of violations, their assessment. The treatment of children as animate property, with unlimited submission to the will of parents, is unacceptable in a state of law. The Family Code does not belong to parenting guides. He does not give clear recommendations, it indicates what is not worth doing, and warns of responsibility for criminal acts. So that the parents do not smoothly go under the regulation of the criminal code or their abuse of parental rights, the administrator does not start to correct, the provisions of the RF IC have been developed.
Problems in identifying violations
The basis of family relations is laid not only restrictions from legal acts, but also moral principles. The fiscal authorities have a difficult task in determining the presence of actual violations, so often many remain in the background. Suffer children who grow up under the yoke of parental authority, in unsanitary conditions, hungry and groomed. Standard abuse of parental rights, examples are known to everyone, but they will not entail legal proceedings. Such as forcing children who do not have a calling and talent to go to a music school or to a sports ground. A son or daughter is completely dependent on the will of the parents. They can, of course, be indignant, and all the same, even with tears, they will obey. Good intention does not always lead to a positive result. No one became Mozart by force. Adult citizens carry a model of parental behavior into their families.
Where are they going?
There are many bodies that are ready to help restore restrained children's rights, of course, not in the case of music education. If there are serious reasons, you must write a statement about abuse of parental rights. Complaints are accepted:
- prosecutor's office;
- Ministry of Internal Affairs - district;
- custody;
- social protection;
- inspectors responsible for juvenile affairs.
A rehabilitation center has been opened for children, psychological and social assistance is provided, and helplines work. A sample will help you file a complaint with custody. Example No. 1 can be seen in the image below.
Evidence base
When appeals to social protection or the legal inspection do not lead to the correction of the parent, physical violence in the family continues, the child through his representatives can appeal to the court, jurisdiction of this nature belongs to the district and city courts. Each word in the claim must be confirmed:
- witness testimony;
- extracts from law enforcement agencies;
- certificates of social protection, which are compiled on the basis of verification raids.
Who becomes the representative?
To protect the interests of the child can a person who has the authority to these actions. If a student regularly misses school and stops educational procedures altogether, the class teacher has the full right to protect him. Representing children's interests is allowed:
- one of the parents;
- to relatives;
- guardians;
- guardianship officer;
- to the prosecutor.
Any of those responsible for the fate of the child can initiate a struggle for his future.
What is the responsibility of parents?
Deprivation of parental rights for abuse of parental rights is the most severe punishment for many violators, but the legal authorities are not limited to this. The level of sanctions automatically increases the severity of criminal acts or intentions. An example is:
- a fine, full or partial restriction in educational processes awaits parents who interfere with education;
- according to the Criminal Code of the Russian Federation, punishment is considered for the impact on sexual integrity;
- according to the AK of the Russian Federation will be judged by citizens who accustom children to alcohol-containing products.
Difficult rehabilitation period
You can restore your rights to a child, but this is a long and laborious process. Citizens addicted to alcohol or drugs will have to undergo treatment, rehabilitation and a long gathering of evidence of a valid correction. Non-working parents have to:
- apparatus employed;
- cleaning up housing;
- furniture accessories;
- buying clothes;
- regular visits to the boarding school where the guys are.
What is the result?
No matter how bad it is for children without mothers and fathers, when they find out that there is life without hunger, beatings - many refuse to return to their parents' homes. There are other negative examples. Children wait long and hard for parental days to visit. Moms go through all the difficulties, they are trusted by the guardianship authorities, babies, and give the green light to family reunion. It would seem that when all the difficulties are behind, everyone needs only to rejoice, but everything starts all over again - alcohol, drunken companies, humiliations. Guardianship again begins the process of deprivation of rights. After such a return to the orphanage: with shame and ridicule from peers, it is unlikely that the son will again believe the non-good mother.
When such cases are considered in court, they are considered the most difficult. How can a judge determine where a child will actually live if the couple divorced? Courts are required to stand on the side of children's interests. But even the unfounded accusation of a parent of harassment or coercion to begging are contrary to fair justice. Children tend to fantasize and avenge their undeserved, in their opinion, criticism, the requirement to study well, to do feasible homework. Therefore, cases are considered for a long time, the investigation is conducted carefully.