Objection to the claim for deprivation of parental rights 2021

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How are you? I’m Masha B. with you again, I’m telling and showing my experience and knowledge in the legal field, my experience is more than 16 years, so I can quickly help you and now we’ll look at a Sample Objection to a Claim for Deprivation of Parental Rights of a Mother. Of course, for some reason there may not be professional lawyers, notaries, or advocates in your city, then you can write your question, and as I process it I can answer everyone. And it would be best for you to ask regular visitors in the comments, who may have already successfully resolved this issue before and will most likely be able to help you too.

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In 2008, the marriage between me and D was registered. From this marriage, we had a daughter on August 17, 2008. In 2010, scandals began in our family, living together became impossible, my wife divorced and she and I separated from our daughter.

I did not pay alimony due to my difficult financial situation, since on November 19, 2009 I was fired under Art. 81 of the Labor Code of the Russian Federation, due to staff reduction, in the period after my dismissal I did not immediately find a new place of employment; in the period from March 10, 2010 to February 8, 2011, I received only 8,000 rubles under an agreement with an individual entrepreneur, and only Currently, my income has increased and I am deciding on the issue of paying off alimony arrears. But despite my difficult financial situation during these periods, I constantly bought my daughter toys, clothes, food, communicated with her and participated in her upbringing.

How to prove the absence of grounds for deprivation of parental rights?

According to paragraph 13 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 10 of May 27, 1998 (as amended by the Resolution of the Plenum of the Supreme Court of the Russian Federation of 02/06/2007 N 6) “courts should take into account that deprivation of parental rights is a last resort.”

In judicial practice, there are many cases when appeals from deprived parents are considered, who indeed once posed a threat to the interests of children, but have since realized and changed their priorities and lifestyle.

After studying the text of the statement of claim and the package of procedural documents, it is necessary to determine which statements of the plaintiff are unfounded or false. Objections to all such charges must be made in writing and in accordance with the established template for drawing up such documents.

Form for filing a claim for objection

For all counts of accusation, provide counterarguments in the order in which they are presented in the statement of claim. Prepare an evidence base on all points that you can, consult with a lawyer. If, for example, you are accused of non-payment of alimony, it will be very good if documents proving the opposite (receipts, receipts, other documents confirming the fact of payments) are attached to the objection.

1. Certificates, as well as documentation that you attached to the original request;
2. Additional information that became known after the initial consideration of the case;
3. Documents that will confirm that the defendant's behavior has not changed, for example: a. Certificate of increased alimony debt;
b. Information that the defendant continues to abuse alcohol;
c. Information about whether the defendant communicated with the child: i. Certificate from school/gymnasium;
ii. Certificate from kindergarten;
iii. Certificate from the clinic;
iv. Certificate from the child’s additional clubs and activities;

d. A psychologist’s conclusion about how a child reacts to a parent who has appeared in his life.

4. Duty paid.

5. A copy of the court decision on your case at the first hearing.

Objections to the claim for deprivation of parental rights.

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.

Counterclaim for deprivation of parental rights

According to the defendant, one of the possible reasons for the plaintiff to file a claim for restoration of parental rights is the fact of her pregnancy and the possibility of receiving maternity capital in the event of restoration of parental rights (clause 1 of article 3, clause 1 of article 5 of the Federal Law of December 29 2006 N 256-FZ “On additional measures of state support for families with children”), the amount of which in 2015 is 453,026.0 rubles. (Federal Law dated December 1, 2014 N 384-FZ).

The authorized person sends the claim and documents to the court at the defendant’s place of residence. The state fee is not paid, since the claim is filed in defense of the rights of the child. The prosecutor and the guardianship authority (also at the defendant’s place of residence) will definitely take part in the case. If it is necessary to involve the guardianship authority at the plaintiff’s place of residence, the court will send a corresponding judicial request.

To prevent such a situation from happening, a number of persons have the right to deprive or restrict parental rights in court. And sometimes both parents. At the same time, such a parent is not deprived of his responsibilities. And in accordance with the law, he continues to bear them until the child reaches 18 years of age.

Example of a statement of claim

the parent is shirking his or her responsibilities. Often the filing of a claim is related to non-payment of child support by the other parent. However, it is not only the non-payment itself that matters. And this is when it has the character of malicious evasion. Malicious evasion of alimony payment is a criminal offense. Therefore, the court, having established such a fact, has the right to inform the relevant authorities to initiate a criminal case. To confirm the existence of this basis, it is advisable to request information from the bailiffs about evasion of alimony payments. You can request information from the school (kindergarten) where the child is studying, or call them to court regarding who picks up the child, accompanies him, and provides for him.
a parent, without good reason, does not take a child from a maternity hospital, hospital, orphanage or similar organizations where children have the right to temporarily stay to receive medical care or due to a difficult social situation in the family.
the parent abuses the parental rights granted to him, i.e. harms the child, for example, instills in him the habits of begging, drinking alcohol, etc.
the fact of child abuse has been established, incl. through the use of mental and physical violence, assault on sexual integrity. Such facts must be established by the relevant authorities - the police. This may be the fact of initiating a criminal case or an administrative offense, etc.
when a parent is registered as a patient with alcoholism (drug addiction).
in all cases of committing a deliberate crime encroaching on the life and health of a child or second parent (spouse).

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Hello, please tell me I have this question, my mother has not been involved in my upbringing since I was 1 year old, at the age of 13-14 my father and I tried to deprive her of her rights, but she did not appear in court, the court did not deprive her of her rights in absentia, now I am 20 years old and I want to file a claim to deprive her of her rights, but there are no documents or a court decision, is this even possible? And what to do in this situation? Where to contact?

Hello! I am currently married to an Egyptian citizen. There is a minor child from this marriage. The marriage was registered in Cairo, the child was born there. The marriage certificate and birth certificate are legalized and translated into Russian at the Russian Embassy in Cairo. At the moment I live with my child in Russia and do not have any contact with my husband and father of the child. I want to file a lawsuit for divorce and deprivation of parental rights. How should I proceed, where to submit and what documents are needed? Thank you!

Filing and consideration of a claim for deprivation of parental rights

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.

My advantages:

The child is 16 years old, for 14 years the father has not taken any part in the fate of his daughter, the alimony debt is thousands. The court rejected the claim due to insufficient evidence. How to challenge a refusal to deprive parental rights in court - procedure and advice Unfortunately, not all children become the center of their family.

Sometimes a child turns out to be absolutely unnecessary for one of the parents or both. It is possible to deprive a father or mother of parental rights, but only in the interests of the child.

Objection to the claim for deprivation of parental rights

I, ___________________, have a dependent minor daughter _____________________, born ___________. I am a single mother. I used to drink alcohol due to a rather difficult life situation, but when I found out that I was pregnant, I stopped drinking alcohol. After the birth of my daughter, I drank for the first time a year and a half later, when I went out with friends. There was a breakdown, and I could not stop drinking alcohol for several days, for which I was brought to administrative responsibility under Article 5.35 of the Code of Administrative Offenses of the Russian Federation, according to the resolution dated ___________. ____________ of the year was again brought to administrative responsibility, after which I independently decided to be coded for a period of one year, so as not to jeopardize the normal development of my child and to take a responsible approach to her upbringing, protection of rights and interests. In addition, in order to provide my daughter with a decent living, in ____________ I got a job at LLC “_______”, as a dishwasher. For the entire period of work (from __________ year to the present), she has established herself as a conscientious worker, she has not committed violations of labor discipline and corporate ethics, she has had no disciplinary sanctions (Appendix No. 4) ___________ year, she took a leave at her own expense for several days to work treating my daughter (she had a toothache) and renovating her room (changing the flooring). _________ years, police officers for the ___________ district and municipality employees rang my doorbell. They came based on a statement from a neighbor that I had allegedly been on a drinking binge for almost a week, although until _________ inclusive, I went to work and took my child to kindergarten. The statement of claim and the protocols describe that my daughter is depressed, intimidated, she is not sociable and withdrawn, and is wearing dirty clothes. According to the description given by the head of the kindergarten, the child is calm, his behavior is adequate, and his appearance is neat. My daughter is developed for her age, both physically and mentally, she is active and sociable with children and happily completes the teacher’s tasks (Appendix No. 5). The statement of claim also describes the terrible unsanitary condition of the apartment. Yes, indeed, I was preparing breakfast for the child, and the food was a little burnt, and my daughter spilled juice in the kitchen, there were several empty tin cans, but there was no terrible stench and unsanitary conditions. I allowed myself to drink only a year and a half after coding (the coding period ended __________ years). For a year and a half, there were no complaints against me: neither from the neighbors, nor from my employer, nor from the management or teaching staff of the kindergarten, nor from the guardianship and trusteeship authorities and the Internal Affairs Directorate of the Department of Internal Affairs. I do not bring strangers or companies into the apartment, I make sure that the apartment is in good condition (including making payments for utilities on time), I try to provide my minor daughter with a decent living, despite the fact that I am an orphan, a single mother and I have nowhere to wait for help. After what happened _____________ year, I was immediately coded for five years (Appendix No. 7). Not taking my arguments into account, employees of the Department of Internal Affairs of the ________ district took my child to the shelter. Since _________, every day after work I go to the shelter to see, reassure my daughter and promise that soon we will be home together. Art. 54. The RF IC determines the child’s right to live and be raised in a family, as far as possible, the right to know his parents, the right to their care, the right to live together with them…. The child has the right to be raised by his parents. Article 63 of the RF IC, parents have a priority right to raise their children over all other persons.

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Counterclaim

Below is the full name and address of the defendant, after which the title of the document is written with a slight indentation: “Objection”, under which it is indicated what it is being filed for (for example, regarding claims for deprivation of parental rights).

passive nature of the grounds relate to the elementary failure to fulfill paternal tasks: does not show care, does not spend time with children, does not pay child support;
active nature of the grounds relate to serious violations of children's rights: causing physical and moral harm through active and conscious actions.

Deprivation of parental rights in the Family Code

1. At the stage of preparing the case for trial;
2. At the court hearing itself;
3. At any intermediate moment, you can submit your objections either personally to the judge at the reception, or submit this documentation through the expedition.

Repeated claim for deprivation of parental rights.

2) Indicate in the claim the plaintiff and defendant, as well as the registration and residence addresses of the parties. If you forget to indicate one of the parties, your claim will be considered non-compliant and will be denied.

information about the judicial authority to which the statement of claim is sent;
information about additional persons involved who can protect the interests of the child;
information about the defendant that is known to the plaintiff;
if the plaintiff is represented by a trustee, information about him, including information on the basis of which trust document he represents interests, what is the validity period of such a power of attorney and what is the list of powers;
a description of the factual situation that entailed the need to deprive the child’s mother of parental rights (a description of all the circumstances that may influence the court’s decision to deprive the mother of a particular child of parental rights). Note: if there are witnesses among police officers, guardianship authorities, teachers and social workers of educational institutions, you can use special reports compiled by them in describing the essence of the situation in the relevant part of the statement of claim, in particular, refer to them and indicate, when under what circumstances such reports were compiled;
a description of all pre-trial methods used to resolve the conflict situation, including indication of data on previously used measures of influence, for example, restriction of the mother in her parental rights, removal of the child without restricting the parents in their rights, as well as the time frame during which these measures were carried out, and to which the use of these measures was intended;
the actual claims to the court, which, in the opinion of the defendant, must be satisfied in full, as well as additional accompanying requirements;
a list of attachments accompanying the statement of claim sent to the court, indicating the number of copies of each such attachment (if it is planned to prepare several such copies).

However, in relation to the mother, the procedure seems somewhat more complicated, since the protection of maternity in Russia is a priority due to the fact that motherhood is the main function of the female body from the point of view of biology and medicine. However, if a mother deliberately evades fulfilling her direct parental responsibilities towards the children she has born, the court can resolve the issue of depriving her of parental rights in a positive manner. To do this, you only need to correctly draw up a statement of claim.

Rules for drawing up a statement of claim

The statement of claim for deprivation of parental rights of the child's mother must be drawn up in strict accordance with the provisions of the Civil Procedure Code of the Russian Federation, which is in charge of proceedings in cases related to family law. Mandatory data that should be indicated in the text of the application include:

Making a decision to deprive parental rights entails the loss by parents (one of them) of not only those rights that they had before the children reached adulthood, but also others based on the fact of kinship with the child, arising from both family and other legal relationships.

Judicial consideration of the dispute:

The Tagansky District Court granted the lawyer’s application and restored citizen “G” to the time limit for filing a complaint with the appellate court. The Moscow City Court, having considered the case on the appeal of citizen “G” at the hearing, agreed with the position of lawyer A.S. Gribakov, and indicated that the court of first instance made a decision without a detailed study of all the circumstances and arguments of the civil dispute that arose. The court noted that the defendant wanted to see his daughter, but obstacles were created for him in this. Moreover, the defendant transferred funds to support his daughter, which was not taken into account when making a decision in the court of first instance. The Moscow City Court determined that the decision of the court of first instance should be cancelled. The plaintiff's claims against the defendant for deprivation of parental rights shall be rejected. Warn the defendant about the need to change his behavior in relation to raising his minor daughter.

Federal regulations

The Plaintiff and the Defendant have (have) a common child (children): ________, “___” __________, born (living) together with ____________ at the address: ____________________, which is confirmed by the birth certificate (certificates).

Recommendations to the plaintiff

Consequently, the plaintiff is required to provide the court with relevant evidence: documents, including medical certificates, characteristics of the child (for example, psychological and pedagogical characteristics), documents confirming the defendant’s malicious evasion of alimony payments, the presence of debts, as well as photographs, videos and etc. The guilty behavior of the defendant can also be confirmed by witnesses (Articles 55, 69 of the Code of Civil Procedure of the Russian Federation).

In addition, there is a ban on free communication without the consent of the legal representative. In most cases, it is implemented if the mother poses a danger to the child, his moral state and the formation of children's morality. The degree of danger is assessed by the legal representative.

name of the district court;
process initiator data;
information about the mother;
name of the guardianship department;
data from the district prosecutor's office;
name of the claim;
information about the child, including details of the birth document;
grounds for applying the measure;
reference to regulations (Article 69 of the RF IC);
plaintiff's claims;
list of documentation;
signature;
date of.

Application rules

Moreover, in order to take a child from a guardian, only a municipal decision is required, and for the adoptive parent, judicial proceedings are also applied. The fact of improper performance of duties must be proven.

25 Oct 2021 stopurist 110

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