Legal encyclopedia. The letter A

DEPRIVATION OF PARENTAL RIGHTS.

LR P.

It is a family-legal measure of responsibility towards parents, that is, Persons registered as parents in the birth record of the child.

LRP is an exceptional measure that entails serious legal consequences for both the parent and his child. The following events and facts are named as grounds for LRP:

1) evasion by parents of the execution of parental rights, including malicious evasion of payment of alimony. Parental avoidance of parents is any unwillingness of parents to take part in the upbringing of children, which may be, for example, that they do not feed the child, do not provide the necessary clothing, medical assistance, etc. The malicious evasion of payment of alimony is manifested in the fact that A parent who is obliged to pay alimony does not pay them or pays them irregularly, is hiding from the performance of his duties;

2) the parents' refusal to take their child from the maternity hospital or from a medical, educational institution, social security institution or from other similar institutions;

3) the abuse of parents by their parental rights (for example, the use of the child's property for their own purposes, the child's performance is unbearable for him, etc.);

4) cruel treatment of children, including physical or mental violence against children, an attempt on their sexual inviolability;

5) chronic alcoholism or chronic drug addiction of parents;

6) committing an intentional crime by parents against the life or health of their children or against the life or health of the spouse.

LR P. is allowed, when it is impossible to change the behavior of the parents (one of them) for the better, only by the court and in the presence of the guilt of the parent.

Before LR P. to the person in relation to which the application of this measure is expected, preventive measures are taken (i.e.

Preliminary measures) (for example, interviews with parents of representatives of guardianship and trusteeship agencies or law enforcement agencies, warning by the same bodies or commissions for minors, provision of necessary assistance to the family, restriction of parental rights).

LRP is carried out only by a court and only upon the application of one of the parents or persons substituting them, the procurator, the guardianship and trusteeship authorities or other bodies charged with the protection of the rights of underage children.

The claim for the deprivation of parental rights is made in compliance with the rules provided by the CCP at the place of residence of the defendant. The defendant is the person against whom the issue of depriving him of his parental rights is being decided. It is not out of the question to simultaneously file a lawsuit against LRP against one of the parents and a lawsuit about restricting parental rights to another. The claim for LRP can also be brought against an underage parent who has reached the age of 16.

To bodies that can bring claims against LRP, first of all are the bodies of guardianship and trusteeship, commissions for minors, institutions for orphans and children left without parental care: child's homes, boarding schools, orphanages , The home of the disabled system of the Ministry of Social Protection.