General provisions
After a divorce, former spouses rarely maintain good relations.
Often a child finds himself caught up in family conflict. Quarrels and mutual claims often lead to the loss of the opportunity to see the child. The mother may prevent the child from communicating with the father if the relationship with her ex-husband has deteriorated. However, such issues cannot be resolved arbitrarily. To deprive the father of parental rights, you will have to go to court. The mother, father or authorized officials may protect the children's interests. Only the court has the authority to resolve family disputes.
Important! The case cannot proceed without the participation of guardianship specialists and the prosecutor. Their opinion is necessarily taken into account when deprivation of parental rights occurs in the Republic of Belarus. The conclusion makes it possible to understand what conditions have been created for the child’s life.
The court listens to the arguments of the parties and makes a conclusion whether the defendant is worthy to be called a father or not. If the father missed a meeting with the child or delayed paying child support, then paternity cannot be deprived.
In the Republic of Belarus, family ties can be severed if a parent beats a child, does not pay child support, or instills bad tendencies.
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| alina7_7 |
| Hello! Tell me, please, can a father officially abandon his child? A man and a woman got married. Time passed, a child was born. A year later they divorce. Can the father refuse the child, and the mother, in turn, refuse child support? What if he files a lawsuit to deprive him of his parental rights because he does not want to take part in raising the child and pay child support. (And he already has another family where there is also a small child)? Thank you. |
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| BOROMIR [email hidden] Russian Federation, St. Petersburg Wrote 429 messages Write a private message Reputation: | #2[16366] August 29, 2012, 8:51 |
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| BRAVE [email hidden] Wrote 1 message Write a private message Reputation: | #3[19030] November 26, 2012, 16:18 |
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| Yulia [email hidden] Belarus Wrote 77 messages Write a private message Reputation: | #4[19032] November 26, 2012, 16:38 |
Scroll: art 80 KoBS
Article 80. Deprivation of parental rights Parents or one of them may be deprived of parental rights in relation to a minor child if it is established that: they evade the upbringing and (or) maintenance of the child; they abuse parental rights and/or abuse the child; they lead an immoral lifestyle, which has a harmful effect on the child; they abandoned the child and submitted a written statement of consent to adoption if they were separated from the child; within a six-month period after the child was taken away from them, by decision of the commission for minors of the district, city executive committee, local district administration in the city at the child’s location, the reasons that served as the basis for taking the child away from them, specified in part one of Article 851 of this Code, have not disappeared . Deprivation of parental rights is carried out only in court. Cases of deprivation of parental rights are considered with the mandatory participation of a prosecutor and a representative of the guardianship and trusteeship authority. If you refuse without good reason to take a child from a health care organization after birth or if you leave a child in a health care organization after birth, a claim for deprivation of parental rights must be filed. If parental rights are deprived of both parents, as well as one parent, if transferring the child to the other parent is impractical or impossible, the court decides to transfer the child to the care of the guardianship and trusteeship authority. The court notifies the civil registry office at the place where the child’s birth was registered about the decision.
Parents’ evasion of their responsibilities for raising children can be expressed in a lack of concern for their moral and physical development, health, education, preparation for socially useful work, maintenance, as well as refusal without good reason to take a child from a health care organization after birth or abandonment child in a health care organization after birth (Part 3 of Article 80 of the Code of Border Safety). It does not matter the fact that the other parent or the child’s relatives care about his material well-being. 9. Abuse of parental rights should be understood as the use of these rights to the detriment of the interests of children, for example, creating obstacles in education, involvement in activities of an antisocial nature (inclination to begging, theft, prostitution, drinking alcohol or drugs, etc.) . This basis differs from child abuse in that the latter manifests itself in physical or mental violence, the use of unacceptable methods of education, and humiliation of the human dignity of children. And think about whether it will be better for your child.
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What is considered a relinquishment of parental responsibilities?
If a father refuses to pick up a child from kindergarten or school or pays little money, this is not a reason to deprive him of paternity.
More serious reasons are taken into account. Detailed explanations on this issue were given by the Supreme Court of the Republic of Belarus. Resolution No. 7 is dated September 2002.
Parents must give support to their children. All skills and knowledge are laid down from childhood. If a mother or father ignores their responsibilities, this will negatively affect the child's development.
In Belarus, there are special instructions according to which minors in need of help are identified. The instructions were approved by Decree of the Ministry of Education of the Republic of Belarus on July 28, 2004 No. 47.
A parent must provide the minimum life benefits for his children, show care, provide material support, and teach them to work. In case of divorce, pay alimony. If this is not done, then the parent can be deprived of his rights.
When a father's rights are taken away, the question arises, what are the consequences?
Why are parental rights deprived?
children are cruelly treated, including physical or mental violence against them, and attacks on their sexual integrity;
| In turn, the boy’s father does not have the right to vote in the elections scheduled for September 2021 in Moscow, since he has only temporary registration in Moscow. |
Cruel treatment of children can be expressed, in particular, in the exercise by parents of physical or mental violence against them, in an attempt on their sexual integrity;
To be honest, I have always been against bringing children to such events, which I have written about several times. And here it doesn’t matter at all whether it’s an opposition gathering or a pro-government one (pro-government children are often much more involved); for minors, in any case, such parties are not the best way to spend time. And even more so when adults use youngsters “for cover.”
Income is calculated for the last 12 months, including:
- salary according to the employment contract,
- salary under the GPC agreement,
- income from business activities,
- pensions, scholarships and benefits,
- compensation for the performance of public or state duties,
- military allowance
What is not taken into account:
- one-time payments from the state representing material assistance in connection with a terrorist attack, natural disasters, etc.
All your family's income for the last year is summed up and then divided by 12. This is how your family's average income you receive per month is calculated. After calculations, the resulting amount is divided by the number of family members, including the first-born.
Our table will help you correctly navigate the numbers, which shows all regions of Russia, the cost of living for 2021, the maximum possible amount of income for a family of 3 people has already been calculated, and in the last column, as a result, the amount of Putin’s payments.
Families whose income is less than or equal to this threshold, listed in the third column, can expect to receive Putin payments in 2021.
How to collect evidence
The party must argue its position in the case, provide evidence in accordance with Art. 20 of the Civil Procedure Code.
It is necessary to collect evidence that the man really does not provide financial support to the children and refuses to pay alimony. The confirmation is a court decision. It’s even better if there is a decision to prosecute.
In this case, there will be more compelling reasons to deprive the father of his rights. It is also necessary to monitor the progress of enforcement proceedings. The claimant has the opportunity to familiarize himself with the case materials. It is necessary to show that measures have been taken to collect the debt, but the debtor ignores his obligations.
Litigation of a case in court requires costs; costs can be recovered from the losing party.
Peculiarities of consideration of family disputes
The procedure for deprivation of rights is regulated by two legal acts: the Civil Procedure Code and the Code on Marriage and Family.
You can file a claim on a territorial basis, i.e. at the place where the defendant or plaintiff resides. Disputes are considered by Belarusian courts when children and parents are registered in the territory of the Republic of Belarus, or the child has Belarusian citizenship. The rule is established by clause 2 of the Resolution of the Plenum No. 7 of the Supreme Court of the Republic of Belarus.
5 nuances associated with deprivation of paternity:
- Questions about termination of parental rights are not considered when the child has acquired legal capacity before reaching the age of majority.
- If a claim is filed by a person who is not endowed with the appropriate rights, the judge will refuse to accept the claim.
- Only the mother or father can be the defendant. You cannot bring a claim against guardians or trustees. However, a guardian can be removed from duties when he abuses his rights (Article 138 CoBS). The issue is resolved by specialists from the guardianship department.
- The obligatory participants in the process are the prosecutor and the guardian. Authorized officials give their opinion on the case.
- It is impossible to deprive the rights of a citizen who has withdrawn from performing duties for reasons that do not depend on him. For example, there is a chronic or mental illness. Alcoholism and drug addiction are not taken into account.
How to deprive parental rights unilaterally?
Unilateral deprivation of parental rights is not much different from deprivation of the rights of both parents. Naturally, deprivation occurs only by going to court, which requires the correct and clear filing of a statement of claim according to the template established by law.
When drawing up an application, you need to take into account some features: the child himself must be named as the plaintiff in the claim, but his interests will be represented by other persons.
A claim can be brought only to the person who is recorded as a parent in the birth certificate. In these cases, the participation of the prosecutor's office and inspectors from the child protection sector is mandatory.
In addition, the guardianship authority issues its reasoned opinion on the necessity and advisability of deprivation, and this important opinion for the court may not entirely coincide with yours. Proof of at least one reason is already sufficient for the court to make a positive decision.
The grounds for deprivation of one parent may be the same reasons that have already been described above, always with the condition that the second parent fully fulfills his or her upbringing responsibilities and does not violate the guaranteed rights of his child, as well as if the parent fails to eliminate the reasons for this within 6 months. which the taking was carried out.
Deprivation of parental rights is possible only after a full consideration and study of all circumstances, hearing the testimony of witnesses (neighbors, teachers, government officials, relatives, and other interested parties), and consideration of all necessary documents.
According to the law, each party (plaintiff and defendant) is obliged to provide evidence themselves, and the court should not take anyone’s position, so you should not expect pity and help from the judge; the only way the judge can help is to petition various organizations to receive documents that are not possible to obtain independently.
Since deprivation is the most severe and extreme measure, the court has the right to refuse satisfaction, deciding to indicate to the defendant a change in his attitude and assign control to the guardianship authorities. In this case, going to court will only be possible if new circumstances arise.
Of course, independently preparing documents for the court will take you quite a lot of time, so it is best to use the services of an experienced legal practitioner or lawyer to save time and nerves.
Evidence in the case
Such evidence must be attached to the statement of claim so that the judge has no doubt that there is no reason to preserve the blood relationship between parent and child.
7 pieces of evidence in the case:
- birth documents of children;
- acts of inspection of housing conditions;
- conclusion of guardianship specialists;
- prosecutor's opinion;
- certificates from a dispensary when a parent suffers from drug addiction or alcoholism;
- written refusal to take the child from the hospital;
- documents confirming the income received by the father.
The case concerns mother and father. Therefore, it is necessary for both parties to participate in the process. When a defendant evades participation in a case, the court may put him on the wanted list (Article 149 of the Civil Procedure Code).
A judge can break the connection between a child and a parent only as a last resort. The court may give the defendant time to correct himself and assign the responsibility for monitoring the defendant’s behavior to guardianship specialists.
It happens that there are no grounds for taking away rights, but it is dangerous to leave a child in his own family. Then the court can decide to place the child in the guardianship department.
How to apply for alimony without divorce in the Republic of Belarus?
Being married does not always guarantee that both parents will take equally good care of the child. To collect alimony, it is not always necessary to get a divorce; you can start by filing an application for alimony while in an existing marriage. It is allowed to collect alimony for both the spouse and the child himself.
Where to go?
If voluntary payment of alimony is not applicable, the court can force a decision on payment. The statement of claim in this dispute must be filed at the place of residence of either spouse.
What documents are needed?
To collect without divorce, you will need to provide the following documents:
- a statement with the obligatory indication of your requirements;
- child's birth certificate;
- information about the defendant’s income (salary, benefits and other sources of income);
- information about the children’s place of residence and family composition;
- marriage certificate, passport;
- confirmation of payment of state duty.
Who does the minor stay with?
The judge specifies in the decision who will take care of the minor: mother, father or guardianship authorities. In this case, the judge does not have the right to decide the future fate of the minor. Guardianship specialists decide whether he should be transferred to a boarding school or a foster family. A copy of the court decision is sent to the guardianship department and specialists of the registry office.
If a parent receives child benefits, a copy of the decision is sent to specialists of the organization that transfers child benefits. A parent deprived of rights must reimburse government agencies for the costs of maintaining a minor when he is placed in a boarding home.
Who is eligible to receive Putin's payments?
A family that meets the following financial conditions will be eligible for Putin payments:
- the monthly income of such a family for each member, including a newly born child, does not exceed 1.5 times the subsistence level
- the amount of the subsistence minimum for an able-bodied citizen is set exactly as it is in the region of residence of the family applying for payments
- Accordingly, the cost of living and the amount of Putin’s payments will be different, depending on the region of Russia
- Also, Putin’s payment for the first child does not exclude the family from receiving standard child care benefits, but complements it
- The family where the first child was adopted can also receive the payment.
Now let's talk about the important details of who will definitely be able to claim Putin's payments. Let's supplement the above factors with those that are of real importance when receiving benefits.
Summary
- Official deprivation of parental rights in the Republic of Belarus is allowed when such a decision is in the interests of the minor.
- The reason is cruel treatment or abuse of parental responsibilities, supported by documents.
- The plaintiff, when the case of deprivation of parental rights can be the second spouse, guardianship authorities, as well as other persons named in the CoBS.
- The parent loses his rights, but must fulfill his responsibilities. Alimony will have to be paid regardless of the decision made by the judge. Therefore, it is possible not only to deprive paternity, but also to recover alimony payments.
Grounds for deprivation of parental rights of a father/mother in the Republic of Belarus
There are quite a lot of grounds for deprivation and they are combined into several groups:
- evasion of education and maintenance;
- abuse of rights;
- leading an immoral lifestyle;
- voluntary refusal.
Avoidance of raising and maintaining a child
Deviation is expressed in the lack of care and education necessary for the child. Indifference in the future fate of the child, neglect of the minimum conditions for full development.
Insufficient health care and financial support. Failure to provide the minimum necessary benefits and living conditions for the child.
Parental evasion of child support is also grounds for deprivation of the right to be a parent.
Abuse of rights
Abuse can include any inducement of a child to engage in antisocial activities: theft, begging, prostitution, illegal handling of the child’s property, exceeding parental rights during upbringing (use of corporal and mental punishment), bans on visiting educational institutions.
Leading an immoral lifestyle
An antisocial, immoral lifestyle is the abuse of alcoholic beverages, the use of drugs, the commission of offenses and delinquency by parents.
Voluntary refusal
They are deprived of the right to be a parent when the maternal instinct fails, in case of refusal (renunciation) to take the child after birth from a medical institution without a valid reason for this and submitting a written statement of refusal.
