Parental Responsibility for the improper upbringing of children
Parental responsibility for the improper upbringing of children
The question in this case concerns the termination of parental rights, which is:
first of all, aims to protect the health and psyche of the child and to create normal conditions for life;
is family legal sanction, measure legal liability for their public-harmful behavior, i.e. punitive function. Therefore, termination of parental rights applies only in case of culpable behaviour of the parents;
in addition, aim to prevent similar violations in other families, i.e. has preventive value.
The law sets out an exhaustive list of situations where parents may be deprived of parental rights.
If parents shirk parental responsibilities. The speech in this case goes about the nonperformance of the activities that parents are required to do so by law, in particular about the lack of attention, care. Evasion parenting is also considered willful refusal to pay child support (though very systematic failure to pay child support without good reason), failure to stay with the child.
In that case, if parents without good reason, refuse to take their child home from the hospital or other health institutions, educational institutions, institutions of social protection of the population and from other similar institutions. A valid reason is considered, for example, extremely poor social situation of the parents, lack of housing, etc.
If parents abuse their parental rights. Abuse is such an exercise of parental authority that is in conflict with their purpose, the interests of the child. So, abuse is forbidden to go to school, forced child begging, involvement in criminal activities, prostitution, exploitation of children, etc.
In the case of cruel treatment with children, i.e. physical or mental violence against them, in particular the infringement of their sexual integrity, beatings, humiliation, intimidation, etc.
If the parents are chronic alcoholics or drug addicts. Chronic alcoholism and drug addiction are diseases, and child rearing by people suffering from these diseases, in itself, as a rule, causes harm to the child. Therefore, to deprive these parents of their rights does not necessarily committing any illegal acts, but rather the fact that they have this disease. However, as a rule, chronic alcoholics and drug addicts are not able to provide child-rearing, shying away from upbringing or abuse of parental rights, so in practice, the decision on deprivation of parental rights was adopted on several grounds.
If the parents have committed a deliberate crime against life or health of their children, or against the life or health of the spouse (spouse murder, attempted murder of a child, injury to a child or spouse, etc.).
Termination of parental rights applies only to parents, not adoptive parents, appointed guardians and Trustees. To these categories of persons can be applied other sanctions, in particular the abolition of adoption.
Termination of parental rights can be applied to all children of the parent, and one child. However, it is always applied to specific, real children. Children born to parents in respect of older children are affected by this sanction, are full-fledged children of their parents, who in turn have full parental rights and responsibilities towards these children. In other words, be deprived of parental rights in relation to future children.
Termination of parental rights applies only in court with the participation of body of guardianship and guardianship.
What exactly is manifested termination of parental rights?
Parents deprived of parental rights, you lose all rights founded on the fact of relationship to the child:
to raise a child, to communicate with the child; to represent the interests of the child; to receive child support;
get all kinds of benefits and state allowances established for citizens with children;
to obtain child support from the child;
to inherit the property of the child after his death.
Parent deprived of parental rights may be evicted by court from his residential premises on the grounds specified in the housing law. The child retains ownership of the dwelling or the right to use the living room.
Upon expiration of six months from the date of the court decision on deprivation of parental rights (the deadline for correction of the parent) the child can be adopted by another person.
However, it would be wrong to say that the court’s decision on deprivation of parental rights is interrupted every legal relationship of parent and child. The fact that the deprivation of parental rights does not release parents from their duty to maintain their child. In addition, the child retains all proprietary rights, based on the fact of relationship with parents and other relatives, such as the right to inheritance.
Termination of parental rights is a sanction reversible. Parent, radically changed their behavior, lifestyle and attitude to the upbringing of the child, has the right to ask the court to restore his parental rights. These changes in behavior are set by the parent body of guardianship and guardianship. He discovers a child’s Attitude towards a possible return to his parents.
The court may, taking into account the views of the child to refuse satisfaction of the claim of the parents for the restoration of parental rights if the recovery is contrary to the interests of the child. When addressing this issue in respect of a child aged 10 years old, you must obtain his consent to the restoration. Not allowed the restoration of parental rights if the child is adopted and the adoption has not been cancelled.
Measures for the protection of children, and it applies to parents.
In this case, we are primarily talking about the restriction of parental rights, the essence of which consists in the removal of the child from their parents without deprivation of parental rights. In this case, the parents lose the right to raise a child, as well as to benefits and state benefits, established for citizens with children, but are not exempt from the obligation to maintain the child. Legal connection in this case is not broken, therefore, to adopt such a child cannot.
Unlike the deprivation of parental rights, the restriction of parental rights, not being a measure of responsibility, allowed if leaving the child with the parents is dangerous for the child due to the circumstances from parents due to (mental disorder or other chronic disease, confluence of difficult circumstances, etc.), i.e. in the absence of fault of the parents.
Restriction of parental rights is allowed also in cases if leaving the child with the parents (one of them) because their behavior is dangerous for the child, but does not have sufficient grounds for deprivation of parental rights. If parents do not change their behavior, the Agency of guardianship and curatorship at the expiration of six months from the date of the decision on restriction of parental rights, and if it is in the best interests of the child, and before the expiration of that period, shall submit a claim for deprivation of parental rights.
To restrict parental rights the court can only. If the grounds on which parents were restricted in parental rights no longer exist, the court at the suit of the parents may make the decision to return the child to the parents and the constraints.