Restriction of parents' rights regarding a minor child. Restriction of parental rights: grounds, procedure, legal consequences

If you would like to apply for a restriction parental rights or wish to have the restriction lifted, you should definitely consult with a qualified lawyer or family law attorney. An experienced family affairs specialist will help you resolve all issues and complete the necessary paperwork in accordance with legal requirements.

Deprivation and limitation of parental rights - what is the difference

Deprivation and restriction of parental rights are similar concepts. They mean that biological parents have legally lost all or part of their rights and responsibilities for raising children. In case of restriction, as well as in case of deprivation, children are taken away from their parents and transferred to be raised by another parent or guardian or an organization for orphans.

When parental rights are deprived, the child’s parents lose the right to personal education, including communication; to receive social support measures: benefits, compensation, benefits. When parental rights are limited, the father and mother lose the rights to personal upbringing and receive benefits, but for a certain period of time, they retain the right to communicate with the child, if such communication does not have a negative, harmful effect on the child.

In what cases can the court limit the parental rights of the mother and father?

If the child is in a dangerous situation that arose not through the fault of the parents, but for reasons beyond their control, for example, the parents (or one of them) are seriously ill, or are in a protracted family conflict.
If a child is in a dangerous situation due to the fault of his parents, but the court does not find sufficient grounds for deprivation of parental rights or gives the parents a chance to correct their behavior, i.e. thus warns of possible deprivation of parental rights in the future. Within six months from the entry into force of the court decision on the restriction, parents must prove that they need the child and they have realized their negative impact on the development of the child. If within six months the parents have failed to correct their lifestyle, the guardianship and trusteeship authority has the right to file a claim for deprivation of parental rights, and can do this even before the expiration of six months.

What does the concept of a dangerous environment for a child mean?

A dangerous environment for a child means that the child’s parents abuse alcohol and use drugs; parents or one of them have severe mental illness; parents leave the child alone at home for a long time without supervision; parents abuse their child. The court determines whether there is real threat it does not matter for subjective or objective reasons on the part of the parents for the life and health of the child.

Who can file a claim?

close relatives of the child: grandparents, brothers, sisters;
guardianship and trusteeship authorities, commissions for minors, educational institutions, health care institutions, social protection of the population;
prosecutor.

Cases on restriction of parental rights are considered in the same way as civil cases on deprivation of parental rights through litigation. The prosecutor and the guardianship and trusteeship authority participate in the consideration of the case.

Obligation to support children

In case of restriction of parental rights, as in the case of deprivation of parental rights, parents are not released from the obligation to support children. Visits, meetings, telephone conversations, and other contacts of a child with parents with limited parental rights are permitted provided that they do not have a negative influence on the child, and only with the consent of the child’s legal representatives.

How is the child’s housing issue resolved?

In case of restriction of one parent's parental rights, the child is transferred to the care of another, and, therefore, lives with him. If the parental rights of both parents are limited, guardianship (trusteeship) is established over the child or he is placed in an organization for children left without parental care. In the latter case, the minor retains the right to use the residential premises in which he lived, regardless of whether he lived in an apartment owned by his parents, or whether he lived in an apartment under a social tenancy agreement. Parents cannot dispose of this living space.

Will the child be the heir if the parents die?

Limiting the rights of parents does not limit the rights of the child, who retains all property rights based on the fact of kinship, including to receive an inheritance.

Is it possible to cancel the restriction of parental rights?

If parents change their lifestyle, behavior, or attitude towards the child, parents can file a claim in court to cancel the restriction on parental rights. No one other than a parent has the right to file such a claim. The burden of proof in court lies with the parent with limited parental rights. The defendant in the case will be the person or organization in which the child is temporarily located.

Family lawyer, has been working for more than 17 years in the field of family law, experience in the guardianship and trusteeship authorities for more than 10 years

Limitation of parental rights is a legal way to protect the interests of a child who has not reached the age of majority.

This measure is applied only on the basis court decision-decrees and only if there are proven serious grounds enshrined in Russian legislation.

Grounds for restriction

The Family Code (Article 73, paragraph 2) clearly states that the basis for applying such a harsh measure as restricting parental rights is a dangerous situation for a minor.

Danger to a child can arise for a variety of reasons. Conventionally, they can be divided into two categories:
1. Circumstances that arose through no fault of the parents (for example, serious illness of parents, mental disorder, severe family conflict and other objective situations that create a real threat to the normal life and existence of the child);
2. Circumstances caused by the guilty unlawful behavior of one parent (or both parents), namely:

systematic abandonment of a minor by parents;
parents maintaining a drug den;
frequent family quarrels and scandals related to parental abuse of alcoholic beverages;
other illegal behavior.

It is important that restriction of parental rights occurs only when the court has established a real threat to the health, life or upbringing of the child that has arisen as a result of the behavior of the parent(s). Moreover, if a threat really exists, it does not matter whether the parent is guilty of actions (inaction).

If there is guilt in the actions of the parent, the judge decides on the ability of this parent to continue raising the child. If the court, having considered all the circumstances, does not establish sufficient reasons and grounds for depriving a parent (both parents) of parental rights, it may make an appropriate decision to limit the guilty citizens’ parental rights.

Restriction functions

The main legal function of restricting parental rights is to protect the rights of a minor child in a dangerous situation.

In the event that a judge applies a measure to restrict the rights of a child’s parents who acted guilty, this legal measure also serves as a legal sanction. Restriction of parental rights, appointed by the court, can act for guilty parents as a temporary measure of family legal responsibility, preceding a more serious punishment (), or be an independent sanction.

Using such a sanction as a temporary measure, the court similarly warns parents about the inadmissibility of unlawful behavior that violates the rights of the child, and gives them the opportunity to somehow correct this behavior and reconsider their attitude towards fulfilling parental obligations.

According to the Russian Family Code, if six months after the decision of the courts to limit the rights of parents, the perpetrators have not changed their behavior and continue to commit illegal actions that pose a potential threat to the child, then the guardianship authorities have already filed statement of claim with a requirement about . Such a claim may be brought before the end of the six-month period established by the RF IC, if the guardianship authorities consider that this is necessary for the timely protection of the interests of the child.

The procedure for limiting the rights of parents

As already mentioned, this legal measure, which ensures the interests of the child, can only be established by the court after a careful study of all the circumstances of the case.

In similar trials that decide the fate of minor children, mandatory A representative of the guardianship authority and a prosecutor are involved.

Guardianship authorities or other applicants who demand that parental rights be limited to parents are not always able to collect sufficient evidence of the parents’ unsatisfactory treatment of the child, or the minor’s lack of conditions for normal upbringing and living.

In such situations, as a rule, court proceedings are delayed, since the judge needs to reliably determine whether the parent acting as the defendant is capable or unable to adequately fulfill his parental obligations and ensure the safety of the child.

A claim requiring restriction of the rights of a parent(s) can only be brought directly against the parents. Similar claims are not brought against other legal representatives (trustees, guardians).

Only a limited number of persons and organizations directly named in the Family Code can file a claim indicating the existence of grounds for restricting the rights of parents. These include:

close relatives of a minor whose interests are violated by their parents - adult brothers and sisters, grandparents;
guardianship and guardianship authorities monitoring compliance with children's rights;
representatives of the general educational institutions(school directors);
representatives of other municipal or government agencies (for example, health care);
prosecutor.

Legal consequences of the restriction

The very restriction of parental rights in practice consists of taking a child away from the father or mother (from both parents) without actually depriving the latter of parental rights.

Limiting the rights of parents has nothing to do with the infringement of the property rights of the child. Therefore, parents to whom such a measure was applied to protect the rights of a minor are not released from the obligation to financially support the child.

The court always obliges to collect alimony from the respondent parent in favor of the minor (if this has not already been done before, for example, during the divorce of the parents). At the same time, the property rights of parents, based on the fact of kinship with the child, are also preserved after a court decision to limit parental rights.

Consequently, a parent whose rights are limited for a certain time has the right to subsequently receive alimony from children who have reached the age of majority, as well as certain cases receive a survivor's pension, act as your child's heir by law.

The period of restriction on the rights of a parent appointed by the court cannot exceed six months.. If the lifestyle of the parent with limited rights and his behavior do not change during these six months better side, he is deprived of parental rights by court.

If within the period established by the court the grounds for restricting the rights of the parents have disappeared, the court cancels these restrictions. As a result, the selected child is returned to his parents. To do this, the judge must first cancel the imposed restriction of rights, and then, by the same court ruling, allow the return of the child to the family.

It is worth saying that when lifting restrictions on the rights of parents, the judge does not always make a decision on the return of the children. This is justified by the fact that the upcoming return of a minor to his family of origin is not always the best option for the child.

Restriction of parental rights is a temporary measure to protect the interests of children.

It is applied only by court decision. The reasons for the restrictions are specified in the law, but their list is open. In a number of cases, the court itself determines whether certain grounds are appropriate or not.

The child’s parents are given time to realize their mistakes in upbringing, change their lifestyle, and abandon bad habits. If nothing changes, they are a son or a daughter. Let's figure out what restriction of parental rights means.

What is a restriction on parental rights?

This is only a precautionary measure, which may be followed by a more severe one - deprivation of rights. It, in turn, is final.

The period of restriction of parental rights is six months. It is given to the mother or father to think about their actions and change behavior. Thus, the court warns adults about the unacceptability of illegal behavior and violation of the rights of the child.

If you look at the restriction of parental rights on the part of the child, the measure can be called protective, since the minor is protected from a potential threat to his psyche, health and even life.

Limitation of rights is a warning to adults who take their parental responsibilities seriously.

Differences between deprivation and restriction of parental rights

The difference between these measures is:

validity period;
grounds;
consequences;
legal status of the parents.

If the restriction is imposed for a time, then the deprivation is forever.

Parental rights can be deprived if they:

shirk their responsibilities, including not paying alimony;
refuse to pick up a child from a medical, educational or social organization;
abuse rights;
child abuse (mental or physical violence);
are alcoholics or drug addicts;
committed a crime against a child, other parent or other family member.

The law provides for another procedure to protect the interests of the child. If a threat is created to the life of a minor or his health, the guardianship authority can take him away from his parents or guardians. In this case, the prosecutor is notified about the incident, and the child is placed in temporary placement. The guardianship authority, within 7 days, goes to court with a demand to deprive one or both parents of their rights.

If you don't take care of your child, you will be deprived of parental rights.

At the same time, parents lose the right to see and communicate with the child, participate in his life, receive information about education and treatment, and claim an inheritance.

When rights are limited, all these possibilities are preserved. The temporary ban applies only to living together with a child and resolving the issue of the minor’s place of residence.

Restriction of parental rights is a temporary measure. You will not be prohibited from communicating with your child.

Who can have parental rights limited?

Only parents - the father and mother of a minor - can limit their rights. Other relatives are not covered by the law.

This measure is introduced if the parent:

suffers severe chronic disease(for example, tuberculosis or HIV);
is in difficult life circumstances that prevent full parenthood, etc.

A claim for restriction of parental rights can be filed by family members, social organizations, administration of educational institutions, a prosecutor or one of the child’s parents.

The law prohibits restricting the rights of incapacitated parents.

How long does restriction of parental rights last?

Temporary restriction of parental rights is introduced for 6 months. As soon as it ends, the court will make a decision - to deprive the parents of their rights or lift the restrictions.

Grounds for restriction of parental rights

Restriction of parental rights is allowed if:

there remains a danger to the child’s health (for example, if they suffer from a severe chronic disease);
the parents' actions pose a danger to the minor, but there are no grounds for deprivation of rights.

The main reason for restricting parental rights is a threat to the child’s health.

The procedure for limiting parental rights

The procedure is prescribed in Art. 73 IC RF. The initiator of the introduction of restrictive measures files a claim in court. The guardianship authority and the prosecutor must take part in the case.

If the court rules in favor of the plaintiff, within 3 days a copy of the document is sent to the registry office, where information about the minor is stored.

Limitation of parental rights is a serious procedure, so the plaintiff should take care of the evidence in advance. They may be:

a doctor's conclusion about the presence of a serious illness;
extract from the medical card;
documents confirming the difficult life circumstances of the defendant.

The judge cannot require an additional medical examination if the plaintiff already has a doctor’s report.

Cases on restriction of parental rights are heard by the district (city) court.

Statement of claim for restriction of parental rights

A sample application for restriction of parental rights can be obtained from the court office, on the website of the judicial authority, or asked from the lawyer you contacted for help. The document must include:

name and address of the court;
details of the plaintiff, defendant, as well as full name. child;
a list of circumstances that are grounds for restricting parental rights;
an indication of which parent should be temporarily removed from parenting;
plaintiff's claims;
references to legal norms;
list of supporting documents;
date and signature.

In the text of the claim for restriction of parental rights, you can indicate the plaintiff’s opinion about the minor’s place of residence and the establishment of child support obligations.

The statement of claim is filed with the court at the defendant’s place of residence. Based on the outcome of the consideration of the case, the court may transfer the child to one of the parents or the guardianship and trusteeship authorities.

Objections to a claim for restriction of parental rights

If a claim for restriction of parental rights is filed against the mother or father, they have the right to file an objection. In the objection, it is necessary to strictly adhere to the requirements of the claim and provide justifying counterarguments on all counts. At the same time, do not forget to confirm - attach documents, invite witnesses, etc.

It should indicate:

name of the court;
FULL NAME. and the address of the defendant;
information about the filed claim and the plaintiff;
the essence of the objections;
a description of the situation from the defendant's point of view;
disagreement with the plaintiff's demands.

It is best to involve a competent lawyer in drawing up an objection.

Legal consequences of restricting parental rights

Let's consider what restriction of parental rights gives. The child's mother and father no longer have the right to personally participate in his upbringing and lose the opportunity to receive government benefits and child benefits. They cannot represent a minor or adopt anyone.

A parent with limited rights can:

see the child with the consent of the second parent or guardianship authority;
receive alimony from an adult child;
claim the child's property after his death.

But at the same time, they are not exempt from the obligation to support the child. Parents still have to pay for the minor’s education, buy him food, clothes, etc. The child does not lose ownership of the mother's or father's home.

The child will be transferred to the care of the guardianship authority if the mother and father have their rights limited.

Cancel restriction

Restrictive measures can be canceled only in one case - the grounds on which they were introduced no longer exist. But parents will have to file a lawsuit. If the judge rules in their favor, the child will return to the family. Within 3 days from the date of the verdict, an extract from the court decision is sent to the registry office.

In order for restrictive measures to be lifted, evidence must be presented. The court will accept both written and oral evidence. You will have to convince the judge that:

the parent changed his attitude towards fulfilling his duties and corrected his behavior;
There is no longer any danger for the child.

The reasons why your rights were limited have disappeared - ask the court to cancel it.

When preparing evidence, one should rely on the grounds for restricting parental rights specified in a previous court decision. The fact that the danger to a minor has disappeared can be confirmed:

a doctor's report;
testimony of witnesses;
certificates from social services.

At the same time, the court will decide the issue of returning the child to the family. For example, he will refuse parents who have recovered from alcoholism, but are not trying to find a job and do not have the means to provide for their son or daughter.

The consent of the child himself is also important. His opinion expressed during the trial is taken into account. Moreover, this only applies to returning to the family. If the minor is categorically against this, the court may lift the restriction, but without returning to the parents.

It will not be possible to lift the restriction of parental rights if the child is against it.

Participants in the process of lifting restrictions on parental rights are the plaintiff, the defendant, a representative of the guardianship authority and the prosecutor. Only the parent whose rights were limited can file a claim. The defendant is the person who previously initiated the procedure for introducing restrictions. In practice, most often the defendants are the guardianship and trusteeship authorities.

To restore parental rights after restriction, you must file a claim. Indicate in it:

name of the court;
details of the plaintiff and defendant;
details of the court decision on restriction of parental rights;
your requirements;
justification of the requirements (evidence that there is no danger to the child).

Attach to the claim:

a copy of the court decision on restriction of parental rights;
a copy of the court decision establishing guardianship and trusteeship of the child (if there was one);
copies of the plaintiff’s passport and the child’s birth certificate;
receipt of payment of state duty;
written evidence (references from work, testimonies of neighbors, doctors' opinions, etc.).

The claim is sent to the office of the district or city court at the place of residence (stay) of the defendant.

State fee for filing a claim to cancel the restriction of parental rights - 300 rub.

The concepts of deprivation and restriction of parental rights are different, although often the second precedes the first. In order to understand the difference, you need to understand the essence and nuances of the restriction.

Restriction of parental rights is a temporary measure consisting in taking a child away from his parents. It can be both a measure to ensure the safety of the child and a measure to hold parents accountable. It is allowed in cases where parents, for reasons beyond their control, cannot fulfill their responsibilities properly, for example, in the event of a serious illness, mental disorders, or an unfortunate combination of difficult life circumstances. It turns out that the parents are not to blame for the current situation, but the children should not suffer either.

It is possible to limit the parental rights of only one of the parents - father or mother, then the child can remain with the other if the situation allows.

Grounds for restricting parental rights:

parents systematically fail to fulfill their responsibilities, while abusing their rights, but there is no corpus delicti in their actions, since there is no main component - guilt;
guilty behavior of parents towards the child, which may serve as a reason for the complete deprivation of rights to the child, but has not yet been recognized as sufficient;
deprivation of parental rights is an extreme measure, therefore, if there is hope that the parents’ behavior towards the child will change for the better, restriction of rights is applied.

Period of restriction of parental rights

Of course, it is impossible to leave a child with parents who, for some reason, cannot or do not want to take care of him, which is why parents are sued for restriction of parental rights. Representatives of the guardianship authorities take the child from the family and place it in an appropriate educational institution for a period of 6 months. This time is given to grieving parents to reconsider and change their behavior.

If during this period there has been no shift towards a positive change in the situation, the guardianship authorities are obliged to file a claim with the parents for deprivation of parental rights. Thus, restriction is a stage preceding the deprivation of rights to a child.

If, within six months, events occurred that changed the parents’ behavior towards the child for the better, this does not always mean an immediate abolition of the restriction of parental rights. Depending on the circumstances, the guardianship authorities may leave the child in an appropriate institution until there is clear confidence that the parents can return to parental responsibilities and perform them properly.

Consequences of restricting parental rights

The consequences of restriction of rights differ from the consequences of deprivation: the rights and responsibilities are not removed from the parents, as in the case of deprivation, but are only limited; this is a temporary measure that helps to prohibit the exercise of part of parental rights for the duration of its validity.

The procedure for limiting parental rights

The issue of restricting parental rights is resolved exclusively in court; the basis for a court decision may be a claim filed by one of the parents, immediate relatives, guardianship authorities, employees of educational institutions, or a prosecutor.

According to family law, maintenance and provision of everything necessary for the comprehensive development and upbringing of a child is an integral responsibility of parents. Children have the right to live in a family, but, unfortunately, this is not always safe and in their interests. In some cases, a child may be taken away from its parents. But this is always done in order to protect the minor or protect him from negative influence.

Restriction of parental rights is allowed for various reasons. They may not be related to the parent's fault. The father or mother is not completely and irrevocably deprived of the child. They can correct the situation within 6 months and remove the measure applied by the court.

Legal basis for restricting parental rights

Legislation in Russian Federation protects the interests of minors with particular care. The Family Code in Article 73 regulates restrictions on rights that apply in cases where, for the safety and fuller development of a child, he needs to be protected from living with his mother or father.

When assigning this measure, the court may pursue various goals:

Preserving the health of the child. The restriction may apply to parents who have developed a serious illness, for example, an open form of tuberculosis. This may adversely affect the health of the minor. If a mother or father is diagnosed with a mental illness, the parent may unknowingly cause physical harm to the child.
The parent can be warned in this way that his behavior and approach to raising children is unacceptable and violates legal and moral standards. In such cases, the restriction may be followed by deprivation of parental rights if the father or mother changes their behavior.
Restrictions on rights are also used as a punishment for a parent who fails to cope with their responsibilities and does not provide the child with appropriate living conditions and proper upbringing.
This measure may have an educational function. It may be prescribed to encourage the parent to improve. If the father or mother takes measures to eliminate the circumstances, ensure a level of income that will be sufficient to support the minor, and changes their behavior, the child can be returned to the family.

Naturally, restrictions on parental rights applied due to the health of the mother or father are not used for punishment purposes. As soon as the parent recovers, he will be able to return the minor to the family in accordance with the procedure established by law.

Reasons for applying this measure to a parent

Paragraph 2 of Article 73 of the RF IC indicates the presence of a dangerous situation for the child as a basis for prescribing such a measure. It can arise due to various circumstances, both related to the guilty behavior of the parent, and those that arose without his fault:

Serious illness of the father or mother. This may be a disease that the child can contract. Or a mental disorder of the parent, under the influence of which the mother or father can injure the minor.
Difficult financial situation. It may arise due to the fault of the parent or for reasons beyond his control. In any case, the fact that the father or mother cannot provide the child with the necessary material goods may serve as a reason for applying the measure.
Repeatedly leaving the child alone. Lack of adult supervision creates a danger to the health of a minor, since he is still able to independently assess the situation and may harm himself.
Immoral behavior of a parent, for example, organizing a den in the home, alcohol abuse, frequent scandals and other similar actions.
Other actions or inaction of a parent that create a dangerous environment for a minor.

Important! Restriction of rights can only be applied when the danger to the child is real. Moreover, in the current situation it may not be the parent’s fault. But if the measure is applied when the court has not established sufficient grounds for depriving the parent of his rights (the parent is at fault), and after six months the mother or father has not corrected himself, the OOiP initiates a new trial, as a result of which the defendant’s rights to the minor are liquidated.

Procedure for applying the measure

If there are grounds for restricting the mother or father's parental rights, proceedings are initiated. This measure can only be applied to a parent by a court decision. In this case, the plaintiff in a case of restriction of parental rights may be:

A close relative of the child.
Guardianship and trusteeship authority.
Educational, social, municipal or state organizations, medical institutions.
Prosecutor.

The claim is filed in the civil court at the place of residence of the defendant, who is the parent who allowed the circumstances to be dangerous for the child. The POiP must familiarize itself with the application in advance in order to assess the conditions at the child’s place of residence and formulate its opinion on this issue. The claim must indicate all the circumstances that contribute to the creation of a dangerous environment for the minor.

Proceedings in accordance with family law are conducted in the presence of the Department of Legal Affairs and the Prosecutor to guarantee the protection of the rights of the child. During the consideration of the case, the opinion of the minor himself about this situation may be heard if he has already reached the age of ten.

Attention! Courts, when considering such cases, must act in the interests of the child. In this case, the position of the judicial authority may not coincide with the opinion of the minor himself.

Having assessed all the circumstances presented by the parties, the court will make a decision. The judge may refuse the plaintiff's demands if there are insufficient reasons for applying this penalty.

Consequences of restricting parental rights

This restrictive measure is temporary. The main consequence for the family will be the removal of the child. If the second parent is not limited or deprived of his rights, the minor will remain raised with him. It can also be transferred to close relatives if guardianship is formalized. If there are no candidates for guardianship, the child is transferred to the care of a government agency.

The parent against whom this measure is applied retains the opportunity to receive an inheritance from the minor, even if it is not withdrawn until the child reaches 18 years of age. A minor also retains the right to receive property after the death of his father or mother.

The court takes an individual approach to considering such cases and making decisions, and therefore may allow the parent to communicate with the child if this does not have a negative impact on the minor.

Parental responsibilities when applying this measure remain. In most cases, the court collects alimony from the mother or father in favor of the child, if it has not been awarded earlier. They will have to be paid in full.

The parent will also lose some benefits and allowances; he will not be able to act in the interests of the child, for example, sign official documents for him. However, a minor cannot be adopted if his mother and father have limited rights, but are not deprived of them.

Possibility and procedure for canceling the restriction

Limiting parental rights is not a final measure. The parent can cancel it and return the minor to the family. To do this, it is necessary to eliminate the reason that served as the basis for applying the restriction. It is also necessary to ensure normal conditions for living and raising the child. Get a job to have a source of income sufficient to provide for your children.

The parent, having corrected the situation that led to the appointment of this measure, must obtain a positive opinion from the guardianship authorities and file a claim in court. If the reason for applying the measure has been eliminated and the child is no longer in danger, the judicial authority will satisfy the plaintiff’s demands and return the minor to the family.