For each parent, a measure such as restriction of parental rights can be applied if circumstances are identified that indicate that a danger to the mental or physical condition of the child is created. The process assumes that the baby necessarily moves away from the parent. Under certain circumstances, it is allowed to remove this restriction, but if citizens do not solve the problem, then they may lose their rights to children.
The concept
According to Art. 77 of the UK for parents, such a measure of punishment as restriction of their rights in relation to a child may be applied. This process is considered the first step in depriving citizens of parental rights.
If within six months after the restriction of parental rights citizens have no evidence that they have changed their lifestyle or attitude towards the child, their rights to minors will be canceled.
Restriction procedure
The process is carried out in several successive stages. Therefore, the following actions are implemented:
- initially, the person concerned collects the necessary documentation proving that unlawful acts are committed against the child;
- a statement of claim is being formed in court;
- all documents are transferred to the court registry;
- a date is set when the meeting will be held;
- based on the available evidence, a decision is made by the judge;
- the civil status act in the registry office is amended accordingly by court order;
- the child must be removed from the parent.
Deprivation and restriction of parental rights are procedures on the basis of which parents lose not only the right to raise their children, but also receive alimony from them in old age, which is indicated in Art. 73 SK. At the same time, citizens still have certain responsibilities for the kids. Therefore, they still have to pay child support. Under such conditions, the contact of the child with parents is allowed under Art. 75 SK, but at the same time such meetings should not harm the baby. If the parent behaves inappropriately, a meeting ban applies.
When is the restriction canceled?
It can be removed only if several requirements are satisfied. These include:
- all reasons on the basis of which the restriction was applied are eliminated;
- the opinion of the child is taken into account if he is over 10 years old, and often it is precisely this that is crucial.
If a minor claims that his cohabitation with his mother or father is unpleasant and painful for him, then the court decision cannot be changed even if there is evidence that a citizen, limited in his rights to a child, has changed his behavior.
At such meetings, a prosecutor and a guardianship representative are required to attend. These individuals analyze all available materials and express their own opinions. The housing where the parents live is preliminarily examined, and the corresponding act is also formed.
What is the difference from deprivation?
If the rights to the child are only limited, then this process is significantly different from deprivation. The main differences include:
- parents are deprived of their rights in the last turn, when no other measures can act on them, therefore, it is required to protect the interests of children with the help of this rigid method;
- restriction of parental rights is the initial stage of deprivation, and its main goal is the ability to reason with parents so that they return to the right path and take care of the kids;
- the difference lies in the time intervals, since deprivation is established for the entire time until the child reaches adulthood, but the restriction is imposed on a limited time, usually represented by 6 months;
- with restriction, parents can see their children, although they do not live together with them.
Restriction is considered a preventive way of influencing careless parents. If, after its application, citizens do not change their behavior, then a case of deprivation of rights is already being initiated.
Legislative regulation
There are several regulations that provide basic information on how parents are limited in their rights to children. These include:
- Art. 73 SK points to the possibility of applying restrictions on parental rights with the simultaneous removal of a minor;
- Art. 74 UK contains the consequences of such a measure;
- Art. 75 SK includes the ability to see parents with children;
- Art. 76 SC describes the procedure for applying this limitation;
- Art. 77 SK contains all the actions that are carried out to remove a minor child from the family;
- Art. 79 of the UK includes information on how the judgment is enforced.
Thus, all actions of the authorities should be guided only by the provisions of the UK.
Reasons to Limit
There are many reasons for a court to make this decision. The grounds for restricting parental rights fall into two major categories:
- There are circumstances that parents cannot influence, for example, they cannot, for various good reasons, raise a child and take care of him. This includes the presence of a serious illness or lack of work, mental illness or loss of housing as a result of a fire or accident. In this case, the restriction of parental rights of parents does not act as a punishment. As soon as parents cope with all unforeseen circumstances, they will be able to pick up the children.
- The guilt of parents in the fact that they dishonestly perform their duties to children is proved. For example, they are cruel or do not create optimal conditions for them to live and develop. This includes regular scandals between parents or drunkenness. Even parents are detained for long periods, so if relatives are absent, children have to be taken to an orphanage, as a result of which parents are limited in their rights to babies.
Thus, there are many reasons that the court uses to apply such measures. All of them must be proved by official documents.
Who can file a lawsuit?
Different people can apply to the court to apply restrictions on parents. A lawsuit to restrict parental rights is filed by citizens:
- close relatives of minors, which include grandparents, aunts or uncles;
- representatives of guardianship authorities;
- the prosecutor;
- juvenile commission;
- kindergarten workers;
- educational institutions, which include schools or lyceums.
The lawsuit is filed with the district court at the place of residence of the parent. Such cases are being examined with the participation of a guardianship representative and a prosecutor. The procedure for limiting parental rights implies the need for other documents to be added to the lawsuit, which serves as evidence of the appropriateness of applying these measures to protect the child. Additionally, the court decides on the appointment of alimony.
Rules for making a claim
When forming a statement of claim, the basic rules are taken into account. In practice, the restriction of parental rights is applied when this document is correctly drafted and there is official evidence of illegal actions by the parents.
When drawing up a claim, information must be included in it:
- name of the court where the case will be considered;
- information about the plaintiff is included;
- all data about the respondent or both parents are registered;
- indicates third parties who will be involved in the proceedings, who are representatives of the prosecutor's office or guardianship authorities;
- the name of the document is written;
- the essence of the claim, the reason for the appeal;
- the circumstances that are the basis for the preparation of the statement are listed, for example, aggression against a child, the presence of a mental deviation from the parent or other data;
- the direct petition is indicated, presented in the need to limit the father or mother in the rights to a minor;
- lists all documents attached to the claim;
- at the end is the date of the statement of claim, as well as the signature of the plaintiff.
It is advisable to contact lawyers to form a lawsuit.
Consequences of the restriction
Restriction of the rights of parents has certain negative consequences, as well as deprivation. These include:
- for the entire term of the restriction, the child is sent to an orphanage or boarding school;
- parents must continue to support their child, so they list child support;
- citizens cannot educate a minor or influence his life;
- communication is allowed, but it should not violate the interests of the child;
- parents are not allowed to use various social benefits related to children;
- it is impossible in the future to count on citizens to receive alimony from a child.
Thus, the consequences of restricting parental rights are considered negative for any citizen, so parents should be responsible for their responsibilities to children.
How long is the limit imposed?
The restriction differs from deprivation in that it is imposed temporarily. It is standardly applied for a period of 6 months. That is how much time is given to parents so that they can correct the situation, get a job, find housing, cope with alcoholism or solve other problems that prevent them from raising their children optimally.
It is allowed to prematurely terminate this restriction if citizens have evidence that they really have recovered.
How canceled?
Cancellation is allowed solely through the court, so if parents can prove that they have corrected the situation, therefore they can continue to cope with their basic responsibilities towards the child, then they can file a lawsuit in the court, where the request to remove the restriction is indicated.
Documents confirming the improvement of the situation should be attached to such a claim. They can be submitted by the divorce officer, a certificate from the place of official employment, a house book, which contains a record of the citizen's registration, as well as other papers. At the same time, guardianship authorities must make sure that cohabitation with parents does not violate the interests of the child.
Thus, each parent must know what are the features, grounds and procedure for restricting parental rights. This process is represented by a special measure designed so that parents come to their senses and improve their living conditions. It is used standardly for six months, but if during this time the parents could not cope with the circumstances, then they may completely lose their rights to minors.