Concepts deprivation and restriction of parental rights are different, although often the second precedes the first. In order to understand the difference, it is necessary to understand the essence and nuances of the restriction.
The restriction of parental rights is a temporary measure, consisting in the removal of the child from the parents. It can be a measure of child safety, as well as a measure of prosecution of parents. Allowed in cases when parents for reasons beyond their control can not perform their duties properly, for example, in case of serious illness, mental disorders or in case of unsuccessful confluence of difficult life circumstances. It turns out, parents are not guilty in this situation, but children also should not suffer.
It is possible to restrict the parental rights of only one of the parents - the father or the mother, then the child can remain with the other, if the situation permits.
Grounds for restricting parental rights:
- parents systematically do not fulfill their duties, while abusing rights, but the composition of the offense in their actions is absent, since there is no main component - guilt;
- guilty behavior of parents towards the child, which may serve as a reason for the complete deprivation of the rights to the child, but has not yet been recognized as sufficient;
- deprivation of parental rights is an extreme measure, therefore, if there is a hope, that the behavior of parents towards the child will change for the better, restriction of the rights is applied.
Term of restriction of parental rights
Of course, you can not leave a child with parents who for some reason can not or do not want to take care of it, which is why parents are sued for limiting parental rights. Representatives of the guardianship authorities are taken from the child's family and placed in the appropriate educational institution for a period of 6 months. This time is given to grief-parents to reconsider and change their behavior.
If, however, there has not been a shift in the direction of a positive change in the situation, the guardianship authorities are required to file a claim with the parents for the deprivation of parental rights. Thus, the restriction is the stage precedent for the deprivation of the rights to the child.
If, in the course of six months, events occurred that changed the parents' behavior towards the child for the better, this does not always mean the immediate abolition of the restriction of parental rights. Due to circumstances, the guardianship authorities may leave the child in the relevant institution until there is a clear certainty that the parents can return to fulfilling their parental responsibilities and perform them properly.
Consequences of restriction of parental rights
The consequences of restriction of rights differ from the consequences of deprivation: rights and duties are not removed from the parents, as in the case of deprivation, but are only limited, this is a temporary measure that facilitates the prohibition of the exercise of a part of the parental rights for the period of its operation.
- Parents are deprived of the right to raise a child for the period of restriction of parental rights;
- deprivation of rights to receive benefits and benefits designated by the state
in connection with the birth and upbringing of a child in the family; - the deprivation of the right to receive alimony for the selected child;
- restriction of the right to communicate - communication of the child with the parents is possible only if it does not have a negative impact.
The procedure for restricting parental rights
The issue of restriction of parental rights is decided solely in the courts, the basis for the judicial decision may be a claim filed by one of the parents, immediate relatives, guardianship authorities, employees of educational institutions, the prosecutor.