Candidates usually ask: «Can an employee of guardianship say…» or whether the judge to request …?«Unfortunately, the lawyer is not able to predict, that is to say, or will ask for an official. But a lawyer can assess, as far as legitimate the demands or orders of public authorities, and, accordingly,, How big are your chances to challenge failure.
It is from this perspective and should read the material below. In practice, you may be faced with a rather exotic interpretations (by the staff of the tutorship, operator data bank, judges or the Administration) the status of a child at the various forms of the family unit. But if you know well the legitimate rules and procedures, you have a much better chance to protect your rights and the rights of the child on the family.
The status of the various forms of the family unit
About, in what situation a child, deprived of parental care, You can pass up for adoption, under the guardianship or fostering arrangement, set in the church calendar. 121, 129, 130 and 145 Family Code of the Russian Federation, n. 2 Rules for placing children for adoption, approved. Rf Government Decree No. 275, and also p. 3 Rules of creation of the foster family, approved. Rf Government Decree No. 423.
On the basis of the content of the regulations on the adoption, under the guardianship or fostering arrangement can be passed to the children, whose parents:
Died or declared dead by a court.
Gave consent to adoption. Importantly, that if, at the time of consent minors, the parents of the child have not reached the age of 16 years, you need the consent of their legal representatives and.
Parents deprived of their parental rights by a court. In this case, adoption is possible not earlier 6 months after the entry into force of the court verdict on deprivation of rights, but the transfer of guardianship or fostering arrangement is immediately.
Parents recognized them incapable.
The identity of the parents is not installed (parents are unknown). I wish to draw your attention, that parents are unknown, only if in the Act of najdenyše or podkidyvanii, compiled by members of the POLICE DEPARTMENT or the administration of the hospital, in the «parents» standing dashes. However,, If the parents are, even «with the words» staff or bystanders, adoption tend to require courts to first recognition of alleged parents missing (based on a request in ATS), and then apply to the Court for adoption.
Parents recognized the Court missing.
Parents more 6 months do not live together with the child and shying away from his upbringing and maintenance for reasons of, recognized by court to be unreasonable.
There are situations in, When the child may be placed under guardianship or fostering arrangement, but the status of the adoption of the (perhaps, So long) no:
When you restrict parents rights (rather than deprivation of rights).
In the long-term absence of parents for any reason, not necessarily good.
In the event of sickness of parents.
When evasion by parents of the child or to protect its rights and interests, including. failure to pick up the child from the educational, medical or social institutions.
Parents by Act or omission creating the conditions, threat to the life or health of a child or impeding the normal upbringing and development.
The transfer of the child under the guardianship or fostering arrangement does not invalidate its status as an orphan and does not terminate the legal relationship with the biological family. Therefore, the list of reasons for the placement of a child under guardianship or fostering arrangement is very wide and you can say, that any inmate of the institution is at least on the transfer to a foster family and custody.
It also happens, that the employee of the guardianship authority and/or information store incorrectly interpreted the operator or just not well know family law and wrongly indicated in the application form of the child the status only of guardianship or foster family.
Therefore the most correct approach is to not be satisfied with information on the operator’s data bank (usually this is a laconic «distillation» of the personal history of the child), and to apply in person in the custody or access to a data bank at the place where the child, the personal matter, to analyze the prospects for adoption status.
By the way, According to paragraph. 1 Article. 70 The family code of the Russian Federation following the appointment of a guardian or an adoptive parent the candidate receives the power is on par with the tutorship and the public prosecutor’s Office is to apply to the Court to determine the status of the adoption. For example, statement of bioroditelej rights or recognition of their missing.
Who is competent to take a decision on the status of the child?
This decision falls within the competence of the body, which takes a decision in principle on the transfer of a child of a candidate. In the case of guardianship or foster family this guardianship and curatorship at the place of residence of the child (they take the Act on the appointment of a particular candidate or a particular child custody denied such designation). In the case of adoption is an adoption Court, which takes place at the location of the child and the adoption of a child-specific candidate.
The grounds and procedure for deprivation of parental rights
Order, effects of and reasons for the deprivation of parental rights are established in articles. 69-72 Family Code of the Russian Federation.
Deprivation of parental rights is realized by judicial procedure with the obligatory participation of the Attorney General and the Department of custody and guardianship., allegations of deprivation of rights served in the Court of the place of residence bioroditelâ (or the last known residence bioroditelâ).
A statement on deprivation of parental rights may refer to:
the second parent,
the person or persons, surrogate parents, – for example, officially appointed guardians or foster parents,
child welfare authorities, the Commission on juvenile affairs, Organization for orphans and abandoned children, without parental care, and other organizations, responsible for protecting the rights of children.
The statement shall be accompanied by documents, confirming the presence of at least one of the following grounds for deprivation of parental rights. In particular, parents (one of them) may be deprived of parental rights, If they:
shirk responsibilities of parents, including malicious evasion of alimony;
refuse without good reason to take your child from the maternity hospital (Office) or from other medical organization, educational institutions, institution of social protection or other similar organizations;
abuse their parental rights;
children cruelly, including physical or mental abuse, infringe their sexual inviolability;
are patients chronic alcoholism or drug addiction;
have committed an intentional offence against the life or health of their children or against the life or health of spouse.
Parents, deprived of parental rights, lose all rights, based on the fact of relationship with the child, in respect of which they were deprived of parental rights, including the right to receive maintenance from the, as well as the right to benefits and State benefits, established for citizens, with children. However, deprivation of rights does not release parents from the obligation to maintain their children, Therefore, together with the deprivation of rights, the Court often makes the decision and the appointment of child support with bioroditelej.
For its part, baby, with respect to parents (one of them) deprived of parental rights, retains legal title to housing or the right to use accommodation room, as well as the property rights, based on the fact of relationship with parents and other relatives, in particular, the right of inheritance.
The grounds and procedure for the restriction of parental rights
Order, the consequences of and the grounds for the restriction of parental rights established in articles. 72-75 Family Code of the Russian Federation.
Restriction of parental rights is the removal of the child from the parents (one of the parents) by order of the Court, taking into account the interests of the child, but without deprivation of parental rights.
Restriction of parental rights is realized by judicial procedure with the obligatory participation of the Attorney General and the Department of custody and guardianship. Limitation of rights is filed in the Court of the place of residence bioroditelej.
A statement on the limitation of parental rights may refer to:
close relatives of the child-article. 14 The family code of the Russian Federation to close relatives include the second parent, Grandma or Grandpa, adult brothers or sisters child,
child welfare authorities, the Commission on juvenile affairs, Organization for orphans and abandoned children, without parental care, doškol′nyei general education, other agencies, responsible for protecting the rights of children.
Restriction of parental rights is allowed, If:
leaving the child with the parents is dangerous for the child to, from parents due to, for example: mental disorder or other chronic disease, confluence of difficult circumstances and other, or
If leaving the child with their parents because their behavior is dangerous for the child, but does not have sufficient grounds for the deprivation of parental rights. In this case, the restriction of rights is used as a «last warning», and if the parents do not change their behavior, the Agency of guardianship and curatorship at the end of six months, (or before the expiry of that period, If then, in the best interests of the child) After the Court decision on restriction of parental rights is obliged to bring an action for deprivation of parental rights.
Parents, whose parental rights have been restricted by a court, lose the right to raise a child, as well as the right to benefits and State benefits, established for citizens, with children. However, parents may be allowed contact with the child, If that does not expose the child to a harmful influence. Such contacts are allowed only with the consent of the guardianship authority or with the consent of the guardian, the adoptive parents of the child or the Administration, where the child.
Baby, with respect to parents (one of them) limited parental rights, retains legal title to housing or the right to use accommodation room, as well as the property rights, based on the fact of relationship with parents and other relatives, in particular, the right of inheritance.
Restriction of parental rights does not release parents from the obligation to provide maintenance to a child, Therefore, when considering cases on restriction of parental rights the Court shall decide on the recovery of maintenance for the child.
Restoration of parental rights: reasons and consequences
To restore parental rights after the deprivation of rights is governed by article. 72 Family Code of the Russian Federation, that sets, in particular:
Restoration of parental rights is prosecuted according to parent, deprived of parental rights. The case for the restoration of parental rights are considered with obligatory presence of the Department of custody and guardianship, as well as the Prosecutor.
Parents can be restored parental rights in cases of, If they changed the behavior of, lifestyle and/or relevant to the upbringing of the child-for example, fixed up to work; repaid debt of alimony for the child; removed from the register in psycho- or drug addiction.
Restoration of parental rights to the child, reached the age of 10 years, possible only with the consent of the.
At the same time with the parents for the restoration of parental rights may be considered reclaimed the child their parents.
The Court may, taking into account the views of the child refuse to claim the parents for the restoration of parental rights, If the restoration of parental rights contrary to the interests of the child. Also, not allowed the restoration of parental rights, If the child is adopted, and adoption is not cancelled.
To restore parental rights after the restriction of rights is governed by article. 76 Family Code of the Russian Federation, which States, that:
Restoration of rights when their limitation is carried out in court at the suit of the parents.
When making a decision on lifting the restrictions the Court renders a decision on the return of the child and the parents.
Restore the previously restricted rights possible, If the grounds, the parents of parental rights have been restricted, have ceased to exist.
The Court, taking into account the views of the child shall have the right to refuse the claim, If the return of the child to parents (one of them) contrary to its interests.