Restriction of parental rights implies a temporary measure that can be applied to unscrupulous parents by the guardianship authorities. At the same time, children are taken from their parents (father or mother) and handed over to their next of kin or special authorities. The father or mother is not deprived of parental rights to the child.
If the child’s life is in danger, the Prosecutor also has the right to apply to the court with the appropriate application to select the child immediately.
Remember that complete deprivation of parental rights is a serious measure that cannot be applied without a strong legal basis.
What are the grounds for restricting the parental rights of the father or mother?
There may be several reasons for applying such a measure. These include the following:
- parents (parent) evades their direct parental obligations;
- aggression towards a child by a parent;
- parents have confirmed addictions, such as drug or alcohol abuse;
- there is a threat to the child’s life, normal physical or mental health;
- the child is forced into vagrancy or other forms of exploitation.
- Filing a claim to the court for restriction of parental rights
Such cases are considered by the court on the General rules of jurisdiction. This also means that the claim must be filed at the place of residence of the defendant, and not the plaintiff. If the court grants the claim, the issue of alimony will be raised immediately. In this case, the defendant must appear in court when considering the case of restriction of parental rights.
A positive decision of the court largely depends on the correct statement and selection of arguments in defense of their position. If the application is made correctly from the legal point of view, it will significantly reduce further judicial improvements and help avoid additional proceedings and meetings. Such an oversight can cause the court to be delayed for many months, and the child will arrive all this time in difficult conditions for life.
Consequences of restricting parental rights
After the restriction of parental rights, relatives-guardians should not worry about the fact that all financial responsibility for the child will now fall on their shoulders. The legislation indicates that the restriction of parental rights is a precautionary measure, which is not an exemption from basic parental responsibilities for the financial support of the child.
In other words, the plaintiff has the full right to file a claim for alimony. If the court makes a positive decision for the plaintiff, the minor child will be transferred to his full upbringing, and contacts with unscrupulous parents will be limited for a certain period specified in the court order.
Lifting restrictions on parental rights
The cancellation of restrictions on parental rights is possible if all the reasons for which this measure was applied have been eliminated. The case begins at the request of one of the child’s parents.
It is important to understand that this branch of family law is very complex and ambiguous. The outcome of the case largely depends on well-chosen arguments and a well-formed justification of the plaintiff’s position.
If your parental rights have been unlawfully infringed and you want to return your child to the family, Kasyanenko & Partners Law Company lawyers will help you to do this as soon as possible.
Kasyanenko & Partners Law Company professionals know all about how to convince the court of the positive decision on the restriction of parental rights. Our specialists will help you to make a correct statement of claim and go through all the further judicial procedures.