Deprivation of parental rights, perhaps nowtime is the harshest measure of family legal liability. And it is used only in special, exceptional cases, when it is necessary for the well-being and normal existence and upbringing of the child. The grounds for the deprivation of parental rights are strictly regulated by law. Article 69 of the SC provides an exhaustive list of conditions, in the presence of any of which the child should be taken away from the mother or father or both at the same time. For any other reason to apply this sanction is unacceptable.
What is deprivation of parental rights?
Family Code does not contain normative,state definition of this concept. In the doctrine, deprivation of parental rights is understood to mean the measure of responsibility of the father or the mother, or both, which is used only in exceptional situations for the improper fulfillment or complete non-fulfillment by them of their direct responsibilities for raising offspring. Some scholars believe that this sanction is nothing more than a way to protect the interests of the child. This kind of decision has special legal consequences for everyone it affects. It is well known that, in the biological sense, it is impossible to exclude the kinship between a child and his parents. In legal terms, this is possible. Thus, in such cases, the parents (or one of them) lose all rights and obligations with respect to their offspring, which arose on the basis of kinship. Accompanied by this decision and relocation of the child.
What are the grounds for deprivation of parental rights?
In each country, including Russia,a list of reasons has been established for which it is possible and necessary to apply the family-legal responsibility measure we are considering Grounds for deprivation of parental rights are given in Article 69 of the Family Code. The legislator referred to them:
- abuse of appropriate powers;
- chronic alcoholism, as well as drug addiction of the parents or one of them;
- child abuse;
- deliberately committing a crime against your children or spouse;
- evasion from the performance of their duties in relation to the offspring;
- unreasonable refusal to take the child from the maternity hospital, kindergarten or other institution.
Thus, these bases are the same.regardless of gender. Therefore, it is incorrect to ask about the circumstances in which the deprivation of the father’s parental rights is provided for. The reasons for this are the same as for the mother.
What are the consequences of this type of punishment?
Grounds for deprivation of parental rightsconstitute violations of the rights of children. Therefore, in view of the commission of the envisaged actions, the offender has to undergo adverse and undesirable consequences for him. They are the total deprivation of rights that were based precisely on the fact of kinship. Despite this, parents do not lose their direct responsibilities - for example, contain offspring. In addition, the question of the future residence of the child is also raised. It is possible that due to the current situation he will have to leave his unwise parents.
