Restriction of parental rights is a legal way to protect the interests of a child under the age of majority.
This measure is applied only on the basis of a court decision, and only if there are proven serious grounds established in Russian law.
Reasons for limitation
The Family Code (Article 73, paragraph 2) clearly states that the basis for applying such a strict measure as restriction of parental rights is a dangerous situation for a minor.
Danger to the child can arise for a variety of circumstances. Conventionally, they can be divided into two categories:
1. Circumstances that arose not through the fault of the parents (for example, severe illness of parents, mental illness, severe family conflict and other objective situations that create a real threat to the normal living and existence of the child),
2. Circumstances caused by the guilty wrongful conduct of one parent (or both parents), namely:
- systematic parental leave of a minor unattended,
- parenting a drug den,
- frequent family quarrels and scandals related to parental abuse of alcoholic beverages,
- other unlawful behavior.
It is important that the restriction of parental rights occurs only when the court has established a real threat to the health, life or upbringing of the child resulting from the behavior of the parent (s). Moreover, if the threat really exists, it does not matter whether the parent is guilty of the actions (inaction).
If there is guilt in the actions of the parent, the judge decides on the possibility of this parent to continue raising the child. If the court, having considered all the circumstances, does not establish sufficient reasons and grounds for depriving the parent (both parents) of their parental rights, he can take an appropriate decision to limit the guilty citizens of parental rights.
The main legal function of restricting parental rights is to protect the rights of a minor child in a dangerous situation.
In the case when a judge applies a restriction measure in respect of the parents of a child who acted guilty, this legal measure also serves as a legal sanction. The restriction of parental rights, appointed by the court, can appear for guilty parents as a temporary measure of family legal responsibility, preceding a more serious punishment (deprivation of parental rights), and be an independent sanction.
Using such a sanction as an interim measure, the court likewise warns parents of inadmissibility of unlawful behavior that violates the rights of the child, and gives them the opportunity to somehow correct this behavior and reconsider the attitude towards the fulfillment of parental obligations.
According to the Russian Family Code, if six months after the decision of the courts to restrict parents' rights, the perpetrators did not change their behavior and continue to commit unlawful actions that pose a potential threat to the child, the guardianship authorities present a statement of claim demanding the deprivation of parental rights. A similar suit may be brought before the expiration of the six-month period established by the RF IC, if the guardianship authorities consider it necessary for the timely protection of the interests of the child.
The procedure for restricting the rights of parents
As already mentioned, this legal measure that ensures the interests of the child can be established only by the court after a thorough examination of all the circumstances of the case.
Representatives of the guardianship authority and the prosecutor are required to participate in such lawsuits that decide the fate of minor children..
Guardianship authorities or other applicants requiring parents to restrict parental rights do not always succeed in gathering sufficient evidence of the parents ’unsatisfactory treatment of the child or the minor’s lack of conditions for normal upbringing and living.
In such situations, as a rule, litigations are delayed, because the judge needs to reliably determine whether the parent acting as a defendant is capable or not, adequately fulfill their parental obligations and ensure the safety of the child.
A claim requiring restriction of the rights of the parent (s) can be brought only directly to the parents. To other legal representatives (trustees, guardians) such claims are not filed.
Only a limited circle of persons and organizations directly named in the Family Code can file a statement of claim indicating that there are grounds for restricting the rights of parents. These include:
- close relatives of a minor whose interests are violated by parents - adult brothers and sisters, grandfathers, grandmothers,
- guardianship and trusteeship bodies that monitor the observance of children's rights,
- representatives of educational institutions (school principals),
- representatives of other municipal or government agencies (e.g. health),
- the prosecutor.
Legal implications of the restriction
The very restriction of parental rights in practice consists in taking the child away from the father or mother (both parents) without actually depriving them of the last parental rights.
The restriction of the rights of parents is in no way connected with the infringement of the property rights of the child. Therefore, parents to whom a similar measure of protection of the rights of a minor has been applied are not exempted from obligations regarding the financial maintenance of the child.
The court always obliges to collect child support from the defendant parent in favor of the minor (if this has not already been done before, for example, in case of divorce of parents). At the same time, the property rights of parents, proceeding from the fact of kinship with the child, are also preserved after a court order restricting parental rights.
Consequently, a parent who is limited in rights for a certain period of time has the right to receive alimony from children who have reached the age of majority, as well as in certain cases to receive a pension for the loss of a bread-winner, to act as the heir to his child by law.
The term of restriction in the rights of a parent appointed by the court may not exceed six months. If, however, the lifestyle of a parent, limited in rights, and his behavior do not change for the past six months, he will be deprived of parental rights in court.
If the grounds for restricting the rights of parents have disappeared within the time period established by the court, the court shall cancel these restrictions. As a result, the selected child returns to the parents. To do this, the judge must first cancel the assigned restriction of rights, and then by the same court order allow the return of the child to the family.
It is worth saying that by abolishing restrictions on the rights of parents, a judge does not always make a decision on the return of children. This is justified by the fact that the upcoming return of a minor to his or her family is not always the best option for a child.
What is a parental restriction?
The Family Code protects the rights of minor children if the mother carries a certain danger in living together and bringing up. On the basis of article 73 of the RF IC, it may be limited in parental rights until the elimination of negative circumstances.
This measure is introduced temporarily for up to six months. It is a kind of warning about unlawful acts that violate the interests of a minor. During the allotted time, the citizen should consider his actions and change the negative behavior.
If the parent restored the normal family atmosphere, began to conscientiously raise the child, provides him with decent content, the restriction will be removed. When the situation worsens, the deprivation of parental rights is initiated.
Why is it introduced?
The purpose of the restriction is to protect the rights of a minor in a dangerous situation. This is a temporary measure of responsibility, performing the function of legal sanction. It can be used as an independent punishment or precede the deprivation of parental rights.
The child is taken from the family and temporarily placed in a special institution. Also, the rights of the mother can be limited in favor of the father and transfer the minor to him for education.
The court warns the mother of the inadmissibility of unlawful behavior and demands a review of the attitude towards the performance of her duties in relation to the child. Within six months, guardianship authorities monitor the situation. If the threat persists, the guardianship authorities turn to the court for deprivation of parental rights.
Who is entitled to file a lawsuit?
Article 73 of the IC of the Russian Federation names persons with the right to initiate a process. The list includes:
- father of the child
- close relatives,
- child protection,
- educational or educational institution
- medical organization
- the prosecutor.
Guardianship authorities and the prosecutor are involved in the case regardless of who appealed to the court.
How to make a statement of claim?
A lawsuit is filed in free form, subject to the rules of Article 131 of the Code of Civil Procedure of the Russian Federation. The text should indicate:
- name of court
- information about the applicant and the defendant (name of organization or name of citizen, address, contacts),
- information about the child (name, date of birth),
- a description of the factual circumstances that warranted the application of extreme measures,
- references to the rule of law,
- the requirement to restrict the mother in her rights
- list of applications
The claim is signed by the applicant in person. If he instructed the representatives, you should enter the details of the power of attorney.
If you have any questions about the grounds for restricting parental rights and the procedure for writing an application, we recommend using the help of a family lawyer.
What documents to prepare?
The plaintiff's claims must be supported by written evidence. The list of documents includes:
- plaintiff's identity card,
- birth certificate,
- certificate from guardianship authorities,
- psychologist’s opinion
- certificate of marriage or divorce,
- certificate of family composition,
- description of the mother from the place of employment,
- characteristic for a child from an educational institution.
Depending on the specific situation, the court will request additional evidence.
The dispute is considered in the lawsuit. Participants in the process are invited to a hearing in the meeting room. If necessary, witnesses are invited. Guardianship authorities provide an opinion on the unsatisfactory treatment of the mother with the child.
In the case of a positive decision, the mother is eliminated from raising a child. Within three days, an extract from the judicial act is sent to the registry office.
As judicial practice shows, at the same time as restricting rights, the issue of collecting child support is being resolved.
After the decision comes into force for the parent, a number of negative consequences occur. From this moment he is not entitled to:
- interfere in the upbringing of a minor,
- act as the legal representative of the child,
- receive state benefits and allowances for children,
- to live together with a minor.
At the same time, a woman has the right to see a child with the consent of her husband or guardianship authority. He retains the right to inherit his property after death.
A citizen is not exempted from maintenance obligations, so he must buy him food, clothing, pay for treatment and education, and bear other expenses for maintenance. The child does not lose the right of ownership of the mother’s housing, as well as the right to reside in it.
If the court has restricted the rights of both parents, the minor is transferred to the care of the guardianship authorities.
How to remove the restriction?
If the grounds for restriction have disappeared, it shall be removed. To do this, a woman must go to court with a lawsuit.
The parent must provide evidence that he corrected the illegal behavior and there is no longer any danger to the child. The list of documents includes:
- doctor’s opinion about the mental state,
- witness statements
- characteristics from the place of work,
- custody authority
- other documents depending on the specific situation.
The dispute is considered in a similar manner. With a positive decision, he returns to his mother. Within three days, an extract from the judicial act is sent to the registry office.
If both parents were restricted in their rights, the opinion of the child may be taken into account during the proceedings. Depending on his decision, he can be returned to his family or remain in the institution in whose care he was. In case of minor objections to the removal of restrictions, the procedure of deprivation of parental rights is initiated.
Thus, the issue of limiting the parental rights of the mother is decided in court. This measure is introduced if, remaining with her, the minor will be in danger. Guardianship and trusteeship bodies are involved in the case. After the introduction of the restriction, a woman is eliminated from raising a child and loses the benefits associated with it. Contacts are permitted only with the consent of the person in whose care the child is transferred. If the grounds for applying the last resort have disappeared, at the request of the mother, it can be removed.
Women in wheelchairs and with cerebral palsy told what they should raise children
One of the participants in the photo exhibition Maternity Without Borders, which opened in Minsk, has just undergone a humiliating psychiatric examination.
If this woman with a non-working disability group, whose coordination and speech is disturbed due to cerebral palsy, does not find convincing arguments for officials, the babies will be taken to a shelter.
But the question of what qualities a woman needs to be a good mother does not have a clear answer.
Elena VASILEVICH: “Everything is surmountable”
Elena was born without arms and legs. Parents abandoned her when the girl was seven months old.
- At 25, I lived in a nursing home, and my pregnancy was perceived as an emergency. I was dissuaded, scared that the child would be disabled, that I couldn’t cope with him, and they took me to an abortion at night. But those who helped me were nearby, saying: "Lena, everything will be fine, you can handle it, don’t worry."
Of course it was hard. Until Denis was 5 years old and we got divorced, my husband helped. But mostly friends and girlfriends.
When we moved from the Gomel region to Minsk, it became much more difficult: in two weeks I had to get a job. Denis was then a year and two months old. But everything is surmountable.
In 2009, Elena became the winner of the Republican contest “Woman of the Year” in the nomination “For Female Courage”, then the ONT project “Pride of the Nation”. He says about himself: "I can do everything." And this is true: a woman without arms and legs is not only controlled around the house, but also works in various industries, including sewing, all her conscious life. Now Elena is again in search of work: they reduced in the previous place.
- My son is the dearest person on earth. There is still the granddaughter of Angelinochka, whom I try to pamper. You love your grandchildren more than your own children, because when the children are small, you work: you don’t notice everything.
Both Elena's son and granddaughter inherited her facial features and character. But how could it be otherwise?
NatalyaPLEBANOVICH: “I could not have done without a husband”
Before the exhibition, I asked the project curators Antonina and Olga to tell which meetings left the strongest impression.
The surname of Natasha and Ivan was named among the first: “you don’t often see such love” and “the husband helped his wife even in childbirth”.
My interlocutors met love very close at the exhibition center: Natasha was a participant in the festival of creativity of the disabled, Ivan was a volunteer. It’s impossible not to reciprocate the smile on Natasha.
- Doctors did not directly discourage me from giving birth, only indirectly: “Didn’t they offer you an abortion?” Or, when she came to register: “Do you know what problems await you?”
Then the doctor looked at my husband: “Did you think it all over?”
“If we had not considered it, we would not have come here,” Vanya answered.
Due to constant questions, sometimes mistrustful attitude of doctors, there were unnecessary experiences. Thank God that good people were caught in childbirth. The husband in the emergency room was told: “You stay with your wife!”
We were extremely happy. I could not have done without my husband; he is my support. I am very glad that in my life there is the most important thing: the husband I love and the son of Lesha.
The first-born of Natalia and Ivan recently turned six months old.
Elena BERNOVICH: “I remember an incredible feeling of joy and happiness”
Elena believes there is nothing special about maternity in a wheelchair. Everything, like everyone else: everyday joys and difficulties, which, however, are possible for a woman who loves her child.
- When I found out that I was pregnant, there was an incredible feeling of happiness and joy. And my parents were very happy. It seemed that nature itself helped me in everything, everything was fine: relationships with doctors, pregnancy, childbirth. I did not have a single negative point.
Probably, it is up to each woman to decide when she will be ready for motherhood, and when to let this happen. But ... if God gives, it is so wonderful!
Daughter Elena Valentina graduates from the 11th grade. Going to enter the Belarusian State University of Physical Education and Sports.
LarisaZHENUSOVA: “And the doctors said I should not give birth”
Larisa has two sons: Philip is 15 years old, Maxim 8. He studies at gymnasium No. 12 and dreams of becoming a doctor.
- Doctors said I should not give birth: there may be sick children, I can die right on the table. Perhaps this is such an adequate reaction of doctors in the case when the expectant mother is unhealthy.
LeonardMATUSEVICH: “A person has a reserve of unknown resources”
It was May when I realized that I was pregnant. The doctor then said to me: “Look through the window: what sun, flowers - what are you? Are you going to die? ”
I gave birth to my baby at almost 36 years old. There was a categorical ban from doctors. In childhood, I had a fracture of the spine, respectively, there was a deformation of the chest. In this regard, doctors said that the pregnancy itself can still be transferred normally, but when the fetus is removed, then, most likely, cardiopulmonary failure will occur ...
Raised with her husband together. His left arm was paralyzed, but, nevertheless, he was my feet, and I was his hands. And so, together, we both raised such a miracle. And this miracle gave us another miracle - the granddaughter of Sasha.
I want to tell everyone who is in a position like me: in no case should you give up, because you can live in any conditions. A person has such a reserve of unknown resources, and if you pull them out, you can go through everything. I do not want to say that I am so strong. It’s probably that the Lord was leading me along this path. And somehow the people around me are always good, there are many friends, beautiful neighbors. Well, here I am a happy person!
LyudmilaPULCO: “I wanted to be a mother - and that’s it!”
The husband of the project told the curators of the project about the character of Lyudmila: in order to return her ability to walk almost lost after an injury, Lyuda covered 20 kilometers a day. And she achieved her goal: she not only walks, but also successfully raises her two sons.
- Doctors said: "You must not give birth - you have such an injury!" And I wanted to be a mom. I wanted it, that's all. They predicted that I would lie almost the entire pregnancy on preservation. And I never lay.
Lyudmila gave birth to the eldest Vanya at 32, the youngest Kolya to 33. With the approval of her active mother, Vanya is engaged in dancing, volleyball and karate.
LyudmilaWOLVECHK: “Having learned that she was pregnant, she began to slow down the state so that they could make an electric lift”
Lyudmila is a world-famous athlete, a repeated champion and winner of the Paralympic games in skiing and rowing, winner of the Republican contest “Woman of the Year” in the nomination “For Female Courage”.
- I am more or less well-known person, I live in Minsk, so the reaction of the doctors to my pregnancy was adequate. When she found out that she was pregnant, she began to slow down the state so that they could make an electric lift in the stairwell. True, they did not manage to install it before the birth.
Now I have a problem for all athletes - to leave the child with someone while I'm in training. And when we are together with Nastya, there are no problems. Probably have to educate when we go to kindergarten, to school.
Motherhood is the most important thing for me now. When I leave for training camps, I miss you very much. Highly. Right now, before the training camp, I want to absorb everything: as close as possible to her, watch how she grows, what she does ... At every moment, something new appears.
I would like to advise young girls in wheelchairs, who also want to become mothers, to look at things easier, not to pay attention to anyone, because what we have inside is a real miracle, it must be loved, stored and protected.
Tatyana KRISHTAL: “The main thing is not arms and legs, but the desire to be a mother”
Tatyana considers the most difficult time of motherhood those months when little Vika has not yet learned to sit.
- I needed to lower the baby into the bath and bathe, and my back does not work - I could dive with it. Perhaps this was the only thing I could not cope on my own. Today's mothers, in the arsenal of which are many devices, are easier.
Vika’s childhood was different from the childhood of her friends from ordinary families: due to an imperfect infrastructure, a mother in a stroller cannot always drive her child. Accordingly, in his life there are fewer family trips to the theater or cinema. Now, however, this situation is changing, ramps are almost everywhere.
- There was a lot of time for the child, with opportunities more difficult: there was no social taxi, as well as a personal car, around the obstacle. But how many books have been re-read!
I believe that if God gave a child, you should accept him. Of course, many people plan for a long time, postpone the birth of children, make a career, calculate and calculate ... This is everyone’s business. The main thing in life is not to miscalculate and not to be late.
Elena FEDOROVICH: “I have to prove my worth”
Elena is the very mother who came to the presentation literally from the psychiatrist’s office. Belarusian legislation has the concept of “a child in a socially dangerous situation”: such people are taken to a shelter in order to raise the issue of depriving a mother of her parental rights in court.
- I gave birth to Sasha at 26. Doctors, of course, dissuaded. They did a cesarean, after which I decided that I would not get pregnant anymore: the first time I was just psychologically not ready for such acute pain, for these unbearable torments. Now Sasha is 7 years old, and baby Nelly is a year and 11 months old, the second month we go to day nursery. Unfortunately, I can’t work: in the conclusion of the MREC, it’s said that I’m partially not serving myself.
Paper paradox: Elena’s apartment has enough square meters so that her family does not have the status of housing needs. But the second room of Elenina's “kopeck piece” is occupied by her half-brother, who leads an asocial lifestyle. And the guardianship authorities insist that children in one room are cramped. And instead of helping a family with two young children to stand on their feet, parents put forward conditions:
- We were told that in three months we should sign and free the room from things, that is, transfer the refrigerator to the shared kitchen and throw out the bookcase. We have been living in a civil marriage for 9 years. And in the closet - a huge library, it was still collected by my late mother. How can I destroy all this?
Valentina GAPON: “We have the same problems: raise children healthy, smart, kind”
Valentina - Chairman of the Minsk Association of Wheelchair Invalids. But even she does not know the exact number of mothers in wheelchairs in the Belarusian capital. Ten project participants are only associates associated with the association.
- We are the same mothers, like everyone else, only, as we say among ourselves, “we don’t walk a bit”. And our problems are the same: to raise children healthy, smart, kind, beautiful.
I think it’s wrong that the state in every way stimulates the birth rate, social advertising calls for the adoption of orphans, and a woman in a wheelchair is not entitled to adopt. And, having become pregnant, he often hears: “Why do you need this? Abort pregnancy, leave the child in the orphanage ... "
Motherhood is God's gift. I gave birth to a son at the age of 26. Dad said that we will not do an abortion - there will be no such chance. I was lucky with the doctors, everyone treated with understanding, no one had any questions: "Why are you doing this?" And when I gave birth, my mother was still alive ... and my husband. Everything was fine, everyone helped.
I named my son Andrei in honor of the doctor who took birth with me. This man helped me a lot, and now I have such a wonderful child.
In recent years, wheelchairs have generally begun to give birth more. This is due to medicine and the activity of the people themselves. They no longer sit in four walls. And Belarusians no longer look at a person in a stroller as a curiosity, they are considered. Slowly we go in this regard to Europe.
The son of Valentina Andrey is 23 years old, he studies in absentia and works.
1. How does parental burnout manifest
With the advent of the child, any parent feels that he no longer belongs to himself. For example, you wanted to take a shower, and the baby woke up and cried. It seems okay, but if such situations occur constantly for a long time, then fatigue accumulates, which over time can turn into nervous exhaustion, when everything falls out of hand, there is no strength for anything, and the child annoys him that he constantly has something from you need to. The feeling of “I am a bad mother” adds to all this a sense of guilt, and your complaints seem far-fetched to others: you have a washing machine and diapers, but before you gave birth in the field - nothing.
But the nervous system is the same organ as everyone elseand he can get sick too. Chronic fatigue often leads to burnout. This condition included in the International Classification of Diseases and has several stages: from irritation on trifling occasions to complete apathy. And although there are no universal ways to repair yourself, there are directions in which you need to act.
2. Take yourself "on the handle"
Usually we are ready to support everyone around us, but for ourselves we only have teams like “get together, rag!” And blame for another emotional breakdown. But guilt exhausts and weakens, and all changes for the better occur only on the rise of mental strength, on the wave of self-confidence and desire to live. When irritation or anger sets in, psychologist Lyudmila Petranovskaya recommends listening to your own feelings and Do not blame yourself, but regret from the heart.
Ask yourself how you can take care of yourself now, what to do, not because you need it, but because you want it and it is nice. Ultimately, caring for yourself is caring for loved ones, because in order to share your energy with others, you must first get it. Remember how on the plane? "Put the oxygen mask on yourself first, and then on the baby».
3. Switch attention from the child to yourself
With the exception of the very first months when the mother and baby are inextricably linked, there is no need to neglect their needs and build a life around the child. Psychologist Lyudmila Petranovskaya writes: “You have the right to leave for work, and your child has the right to be upset because of this. You have the right to have new children, and the child has the right to be jealous of them. You have the right to divorce, and the child has the right to suffer because of this. You have the right to change your place of residence and lifestyle, and the child has the right to protest and miss the usual. ”
You have the right to live your life, and this child must adapt to your way of living. This is precisely the program laid down by nature: to follow your adult and focus on him. It is adults have children, not the other way around.
Psychologist Katerina Murashova says that modern parents bring up and entertain their children to the maximum, forgetting to give them time to be with themselves and learn to entertain themselves. Live your life. A parent is not the only role, and maybe not even the main one.
4. Do not strive to be perfect. Instead, be a good enough mother
Studies show that parents who want to give their child the best burn out faster. The desire to comply with the ideal takes so much power that parents begin to treat children indifferently and even cruelly. It is the “ideal” mothers who yell at their crying children in the supermarket: “Stop shaming me!” - because the child’s hysteria doesn’t so painfully coincide with the fictional picture built in my head.
Those who surrender from the start win. Such parents acknowledge that they are imperfect, and there are no universal rules for parenting. Whatever you do, there will always be mistakes. A sufficiently good mother simply does everything in her power, listens to herself and tries to be in contact with the child, recognizing that she cannot control everything and bear responsibility for everything.
5. Lower standards
Do not compare yourself with instamami, review your own expectations and requirements for yourself. How can they be mitigated? What can be delegated and what not to do at all? Maybe one cleaning every 2 weeks is enough, but instead of cooking it yourself, you will sometimes order food with home delivery? Or ask a retired neighbor to take her daughter to dance for a small fee? Perhaps it's time to hammer on trifles like a stain on a school uniform or an ironing shirt.
Mom and blogger Hayley Hengst writes that motherhood is like a million balls that you have to juggle. Some of them will inevitably fall. No one can handle it all alone. Ask for help, this is normal.
6. Find an energy source
Parents put a lot of emotions and energy into raising their children, and if these resources are not restored, then there is an imbalance and the very same parental burnout. Look for ways to replenish energy reserves: go somewhere without a child, do what you like, do not wait for loved ones to guess that you need help, and ask for it, spend time and money on yourself - A happy mother is a hundred times more important for a child than another new toy.
Psychologist Laura Mazza, a 3-year-old mother who has survived postpartum depression, and author of “Mom on the Run,” writes: “When you become a mother for the first time, it looks like a tornado that swallows you and then spits out. It’s normal to take a nanny, sleep, throw off the baby on the partner or send the child to bed to take time for himself. You are still a separate person. You do not need to tire yourself to be a good mother. We all can't handle it. Even your friend with good hair. ”
If you feel that you are at the limit and have no strength whatsoever, consult a psychologist. You can also call the helpline.
7. Stay in touch with your child
Perhaps, in your childhood, when you were angry, sad, or cried, your parents did not find the resource in themselves, so that instead of reproaches and notations, they simply hug and comfort. But you can give your children a different pattern of behavior.
When your crisis is left behind, think what could you change in your relationship with your child. Regardless of whether you will train empathy, apply the theory of attachment, or find your own path, it is important to let the child understand that any of his feelings, even negative (fear, jealousy, insecurity, irritation, sadness), are absolutely legal and that you will help him live them. Because the well-being of the child does not depend on the material conditions in which he lives, but on the relationship in which he is.