State duty for deprivation of parental rights in 2021

Author of the article: Elena Petrenko Last modified: January 2021 26321

In some cases, plaintiffs are faced with an incorrect interpretation of legislative norms by the courts, which believe that the state duty for deprivation of parental rights by individuals must be paid, but is not paid when filing a claim by government organizations. Actually this is not true. To understand this issue, it is enough to study judicial practice and familiarize yourself with its review, approved by the Presidium of the RF Armed Forces on July 20, 2011.

General provisions

According to Article No. 70 of the Family Code of the Russian Federation (clause No. 1), deprivation of parental rights can only take place in court. The following are persons who have the authority to file an application for deprivation of paternal (maternal) rights:

one of the parents;
employees of guardianship and guardianship authorities;
prosecutors (if the defendant’s parental rights are deprived due to the commission of a crime).

A receipt for payment of the state fee must be attached to the claim and other documentation that is necessary to start legal proceedings (Article No. 132 of the Civil Procedure Code of the Russian Federation).

As for the jurisdiction of a civil case, it is determined by the actual place of registration of the defendant (Article No. 24 of the Civil Procedure Code of the Russian Federation). The choice of judicial authority is limited exclusively to the district court, therefore it is impossible to apply to the magistrate’s court to annul parental rights.

State duty on a claim for communication with a child, determining the place of residence of children

Disputes about the “division” of children often arise when parents divorce or after it. Former spouses demand to determine the order of communication with the child, determine his place of residence with one of the parents and the time of communication with the other parent. If these demands are made during the divorce process, the judge will resolve these issues in the final decision in the case.

However, such claims can be made subsequently by filing a separate claim if they were not previously considered or the circumstances on the basis of which the court decision was made have changed.

Disputes regarding the upbringing of children, including the determination of their place of residence, the procedure for communicating with him, etc. are not subject to state duty according to paragraphs. 15 clause 1 art. 333.36 of the Tax Code of the Russian Federation.

Filling out the form

To obtain a form for paying the fee, you must contact any banking institution and ask the cashier for it. In order for the payment of the state fee to proceed without any problems, the form must contain all the information indicated below:

location and name of the judicial institution;
fee amount (300 Russian rubles);
Full name (it is important to avoid any inconsistencies in the form and passport);

Important! It is not recommended to contact the district court directly to obtain details or pay fees, since such transactions are not within their competence. Also, court staff are not required to provide advice regarding the rules for paying the fee.

Practice examples

The Moscow City Court deprived the father of his rights (Appeal ruling dated April 26, 2021, case No. 33-10592/2016). The father flew to the USA and forgot about his paternal responsibilities: he did not visit his daughter and did not pay child support. The ex-wife, through the court, deprived the father, who forgot that he had a daughter, of parental rights.

4 pieces of evidence that helped the plaintiff win the dispute:

Documents from the bailiffs confirm the non-payment of child support.
A criminal case has been opened against the father for non-payment of child support.
Certificates from the school confirm that the girl’s interests are represented by her mother, and that her mother takes her to school and picks her up from school.
The guardianship authorities concluded that the girl was supported by her mother alone. The child lives in normal conditions and has a separate room.

A mother who has deprived her father of parental rights receives the following benefits:

you won’t have to contact your father every time and ask permission for your child to travel abroad;
the child, after reaching adulthood, will not have to support his father, who has lost his health and ability to work;
There will be legal grounds to protect the child from communication with his father. A parent deprived of rights does not have the right to communicate with children or learn about successes in kindergarten or school.

Important. A parent deprived of his rights does not lose his responsibilities towards his children. You will have to pay alimony; children do not lose their right to inherit from their father.

Arguments supported by certificates from government agencies will help prove the position in the case.

Money transfer

The money is transferred to the account of the court before the consideration of the claim, since, as mentioned above, the payment receipt must be included in the general package of documents for going to court. Both cash and non-cash payments are possible. If for some reason the payment was not made (incorrectly filled in details, technical problems, etc.), then the legal claim will not be considered. The plaintiff must be notified in advance of any financial problems.

Payment details

Payment details:

payment receiver;
payer's personal account;
TIN;
checking account;
budget classification code.

The state fee must be paid to the details of a specific court or registry office, depending on their location. In order to avoid delays, it is worth checking the correctness of the details entered. You can obtain them after submitting an application, on the official website or at the information stand at the institution. When paying, you must indicate the purpose of the payment (on the receipt).

There are the following methods of payment to the account of a government institution, with details for paying state fees:

through terminals available in the registry office or court;
at a bank branch that provides such an opportunity;
at the post office;
through Internet banking.

Question:
“Is it possible to pay the state duty non-cash?”
Answer:
“Yes. To do this, you need to use Internet banking or special terminals that accept payments by bank cards.”

Incorrect registration of state duty

If the requirements for payment of the fee are not met, the court notifies the plaintiff and sets aside 10 days to eliminate all shortcomings. To fix the problem, you need to contact the bank where the payment was originally made and consult with the operator.

In the case where the amount paid was less than 300 rubles, an additional payment must be made. If the details are entered incorrectly, the sent amount is returned, after which it is transferred to the correct bank account.

At the last stage, the plaintiff needs to write a statement to attach a new receipt to the case. The document is then sent to the office by registered mail with acknowledgment of receipt.

Repeated payment of the state fee for deprivation of parental rights 2021 must strictly be made within 10 days from the date of receipt of the court ruling (the date must be indicated on the envelope). If the notification is issued by an office employee, the date is indicated on the document itself. If this deadline is not met, the claim will be returned to the applicant and the legal proceedings will be stopped.

It is noteworthy that a citizen will not have the opportunity to file another claim for deprivation of parental rights if he has not paid the state fee. For example, if the father wanted to be deprived of his guardianship status due to alcohol abuse, then a repeated court case to revoke paternity can be opened only if other circumstances arise.

Important! The plaintiff additionally needs to draw up a statement that he has executed the court ruling (indicate its number and date of receipt). It is recommended to make another copy of the application, which will be stamped indicating that another copy has been received.

If the state fee has been charged to the account of the judicial institution, the court will issue a decision to open the case and schedule an initial hearing. Of course, the start of legal proceedings is possible only if a full package of documentation is provided.

Standard procedure for depriving a father or mother of parental rights in the Russian Federation

Searching for the defendant - they are not always nearby and have a permanent place of residence; fathers often wander all over the country and filing a claim becomes a real problem. In such situations, the application can be taken to the court at the place of last registration, and let the police look for the defendant.
Duration of the process - due to the specifics, the review may take several months or several years, for which you should be prepared. And if the defendant suddenly becomes inflamed with feelings for the child and begins to resist (which happens, but rarely), this period will increase even more.
Notification - in order for the defendant to be able to defend himself against charges and assert his rights, he must be notified in a timely manner, which also poses difficulties.
Distance – in cases of this category, both the defendant and third parties (guardianship and prosecutor) can be represented in documents, that is, they express their opinion in writing and justify the reason for absence.
Irrefutable evidence - since deprivation is an extreme measure, in order to make a positive decision there must be very strong evidence, both documentary and witness testimony.
Mitigating factors - if the defendant does not fulfill parental obligations due to insurmountable circumstances (serious illness, disability), this is taken into account when making a decision.

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Although the court will in any case raise the issue of alimony, even if the plaintiff does not put forward such a demand, when there are problems with the location of the prodigal daddy, it is easier to add to the claim for deprivation and a claim for alimony, so as not to wander around cities and towns, but to file an application in the place of one’s own registration.

Insufficient funds to pay the state fee

Russia is a social state, therefore legislation is aimed at protecting low-income categories of citizens. If, for example, the mother encountered financial difficulties at the time of filing the application, then she has legal grounds to request that the defendant assume the obligation to pay the state fee. To prove your financial insolvency, when filing a claim, you can additionally submit the following documents to the court:

an order issued by the employer to terminate the employment contract;
document on incapacity;
a copy of the page of the work book indicating the reduction in staff, etc.

If you have nothing to pay

In some cases, the court goes towards the plaintiff. For example, the plaintiff wants to deprive disadvantaged parents of their rights to their child, but the applicant is in a difficult financial situation. In this case, the law provides for the recovery of the amount of duty from the defendant.

For these purposes, the plaintiff will need to attach a petition to the main package of documents with evidence. It is possible to recover payment from the defendant if the plaintiff:

has a certificate of incapacity for work;
there is an extract from the work book about the layoff;
have a sick leave certificate;
application and order of dismissal.

The attached certificates will make it possible to prevent the case from being suspended due to the lack of state duty paid.

Number of claims and amount of state duty

Many applicants are interested in whether the number of demands in a lawsuit affects the amount of the fee when depriving a citizen of parental rights. Yes, the amount of state duty directly depends on the number of legal proceedings.

Example. The mother discovered that the father had abused the minor child, which is grounds for termination of paternity rights. At the same time, she wants to dissolve the family union in court.

In this case, the amount of the state duty will no longer be three hundred, but six hundred rubles. This is explained by the fact that two court cases will be considered simultaneously.

Size

The tax code of our country provides for a fixed fee. It is 300 rubles. It should be noted that this amount was established back in 2015 and has not changed to date.

In addition, the fee is the same, regardless of the category of the civilian filing the application. As for representatives of government agencies who initiate deprivation of parental rights, as mentioned above, they do not pay this fee.