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Claim for deprivation of parental rights. Documents for deprivation of paternity. Sample application. How to write a statement of claim

02.01.2019

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?

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 child support. The position of the plaintiff and the collection procedure will also be taken into account by the court.

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)

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.)

Based on the above, guided by Article 69 of the Family Code of the Russian Federation, articles of the Civil Procedure Code of the Russian Federation,

  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 recover from _________ (full name of the defendant) ____ year of birth, native of _________ (city, region) in my favor 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 the date ) until 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

Date of application “___”__________ ____ Signature of the plaintiff _______

Download a sample application:

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 confirming 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. If you are unable to appear in court, write an application to consider the case in your absence:

I would like to file 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.

Unfortunately, parents do not always behave well towards their children, abuse their rights or shirk their parental duty. In this case, there is a reason for deprivation of parental rights.

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Loss of parental rights is the loss of the opportunity to care for your child, i.e. deprivation of the opportunity to live together, worry about health, acquire education and establish it in society.

A parent can lose these rights only as a result of a judicial investigation. To carry out this procedure, you need to study the rules for filing a claim for deprivation of parental rights, taking into account all the important nuances.

Main aspects

Only a court can deprive parental rights. A parent cannot give up a child without adoption by another person.

Or there may be a joint application by the spouses to not recognize the spouse as the father of the child. The last statement can only take place in a situation where the child’s mother, together with another man, submits an application to recognize the child as him.

As you can see, this is a fairly narrow range of situations where you can achieve approximately the same goals as when depriving parental rights without a trial.

Necessary concepts

Deprivation of parental rights is one of the measures of family legal responsibility that occurs when parents behave incorrectly and is carried out if there are appropriate grounds in the manner prescribed by law.

It is not only aimed at protecting the rights of the child, but also causes unpleasant consequences for parents. Deprivation of parental rights is possible only in relation to minor children.

Article 63 of the Family Code of the Russian Federation states that parents must monitor the child in all aspects of his life regarding mental development, physical health, education, etc.

If they fail to comply with these obligations, they may be deprived of the opportunity to be parents. The main reasons for this are:

  • failure to fulfill parental responsibilities;
  • abandonment of a child in a maternity hospital or special children's institution;
  • evasion of payment of child support (alimony);
  • the use of cruel measures in education;
  • the parent is regularly intoxicated or using drugs;
  • unlawful harm to the life and health of a child or second spouse;
  • abuse of parental rights.

Amount of state duty upon application

Based on the Tax Code of the Russian Federation and the Federal Law “On Basic Guarantees of the Rights of the Child in the Russian Federation,” the plaintiff does not pay the state fee when applying in situations of loss of rights to children.

If the claim is of a property nature and, accordingly, is not subject to assessment, and is of a non-property nature, then the fee will be 300 rubles.

It should be noted that a person who files a claim for deprivation of parental rights in favor of a child who has not reached the age of majority is obviously not acting in his own interests.

How to file a statement of claim in court for deprivation of parental rights (sample)

Not all citizens can file a claim for deprivation of parental rights. The law determines which categories of people or bodies have the right to go to court on such an issue. Application form is available.

First of all, this can be done by one of the parents (the father can file a lawsuit against the mother or vice versa). The plaintiff can be a guardian or a citizen who has custody of the child.

Guardianship and trusteeship must have a legal basis. And finally, the application can be submitted by bodies protecting children's rights (orphanages, guardianship services, investigative bodies, etc.).

The statement of claim must contain the following points:

  • at the beginning of the document the name and address of the judicial institution, the details of the plaintiff and his residential address are indicated;
  • information about the defendant (full name and registration);
  • Below is space for the names of special bodies and persons (prosecutor's office, guardianship authorities) who represent the interests of the child and are appointed after submitting an application;
  • The following is a statement of the essence of the claims and demands against the defendant. If, for example, a father or mother uses cruelty or physical violence against a child, then one of the parents expresses this in the text of the statement and asks the court to relieve the defendant of the rights to the child in connection with his attitude;
  • after the main text of the application, a list of documents confirming the claims described above is indicated (certificates from clinics, documents confirming the absence of alimony, identification documents of the child and parents, etc.).

Nuances when drawing up a document

To submit an application, it is important to initially complete a number of actions:

  1. Head to law enforcement. When one of the parents has committed a crime against a child, the victim must first go to a medical institution to obtain a certificate of injuries received. After acquiring a medical certificate, the representative of the victim submits a statement to the police at the place of residence about the criminal actions of one of the parents. Based on the results of consideration of the claim, a criminal case may be opened.
  2. Contact the bailiffs. When a court order determines the collection of financial assistance for a child, the paper provided by the court is sent to the bailiff office where the defendant lives.
  3. Prepare all the necessary documents and witness data to confirm the defendant’s unlawful actions. These are certificates confirming drug addiction or excessive alcohol consumption, etc.
  4. Go to child protection services. Before filing a claim, one of the parents provides the child protection services with copies of the child’s birth certificate, divorce certificate, a copy of the house register where the child lives, and papers evidencing claims against the defendant. The guardianship authorities examine the living conditions of the victim and the second spouse and form a conclusion based on this. When a child reaches 10 years of age, these authorities have the right to receive from him an application confirming approval for the loss of parental rights.
  5. Drawing up and submitting a statement of claim along with all prepared documents, including from the guardianship authorities. The correctness of the application is stipulated by Art. 131.132 Code of Civil Procedure of the Russian Federation.
  6. Judicial consideration of the submitted application together with a representative of the prosecutor's office and a guardianship service employee.
  7. Withdrawal of rights upon presentation of a claim by the prosecutor and the guardianship service or other authorized institutions.

As a result of the loss of rights, the defendant will not be exempt from providing financial assistance to the victim. Alimony to support the victim must be paid regularly and without fail.

In addition, when it is certified that the common residence of the parents and the child cannot continue, the parents may be evicted (Article 91 of the Housing Code of the Russian Federation).

Father

A citizen of the Russian Federation can be deprived of paternity if there is an official marriage or divorce, if he refuses to pay alimony, if the father has consent or disagreement to the loss of rights, if he lives in prison or is free, etc.

For a father to lose his rights to a child, his personal consent is not required. The court's ruling does not depend on the father's wishes.

The mother only needs to prepare all the evidence, formulate a claim and submit it to the court where the defendant lives.

Both parents

Deprivation of the rights of both parents occurs in the same way as when the rights of one parent are lost. In this case, only the persons who have the right to act as plaintiffs change slightly.

The application can be submitted by entities replacing parents, the prosecutor, representatives of trustee bodies and other authorized institutions for the protection of children.

Other citizens who have information about violation of parental obligations (acquaintances, neighbors, relatives, etc.) do not have the legal right to file a claim, but at the same time they must report the facts they have to the relevant authorities, which bring the case to court (Article 56 SK).

Mothers

Article 70 of the Family Code of the Russian Federation describes the procedure for a mother’s loss of permission to raise a child. It is similar to the order of deprivation of paternity.

The application is accepted from the father, a person in loco parentis, the prosecutor's office or the guardianship authority. The court decision is made in the presence of the prosecutor and the child protection authority.

During the course of the case, the issue of compensation for alimony to the mother and child is resolved. If the mother has committed a criminal offense, then law enforcement agencies must be notified.

Based on the results of the decision, the judicial authority sends an extract to the registry office at the place of birth of the child.

Can a grandmother apply to restrict contact with a child?

There are certain differences between the elimination of parental rights and restrictions on communication. As a result of the restriction, the child is taken away from the parent, but they can continue to communicate with each other.

This communication is limited in time and controlled by those responsible for the child. To confirm the need to limit communication with the parent, the plaintiff must provide written evidence and witness data.

A sample statement of claim for deprivation of parental rights of a parent in relation to a minor child, taking into account the latest changes in current legislation.

Not everyone can bring a claim for deprivation of parental rights. The law determines that the right to go to court is enjoyed by one of the parents, guardians or trustees, the prosecutor, special bodies that protect the rights of children (for example, guardianship authorities, the administration of shelters or orphanages, and others). Other citizens do not have the right to file such a claim, but they can petition the relevant authority, asking them to go to court.

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.

The claim is filed in court at the place of residence of the defendant. 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.

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
about 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.)

Based on the above, guided by Article 69 of the Family Code of the Russian Federation, Articles 131-132 of the Civil Procedure Code of the Russian Federation,

  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

Date of application “___”__________ ____ Signature of the plaintiff _______