Deprivation of parental rights is a last resort the court applies to parents. It applies to parents who, for various reasons, are unable or unwilling to fulfil their responsibilities to their children. In Belarus, this procedure is regulated by the state. Deprivation of parental rights has serious consequences for both parents and children. The reasons for the deprivation of parental rights may vary, including the need to protect the interests of the child and cases of abuse. In this article, we will look at the grounds for the deprivation of parental rights, the process, and the consequences for parents and children to raise awareness about this important topic and ways to protect children’s rights in Belarus.
What Duties and Rights Do Parents Have about Children
In Belarus, the state determines parents’ rights and obligations regarding children. Parents have equal rights and responsibilities towards their children and are obliged to protect their minor children’s rights and legitimate interests.
The rights and duties of parents also include:
- Definition of the child’s first name, last name and patronymic.
- Determining the citizenship of the child, when necessary.
- Determination of the child’s residence and registration at the place of residence and place of stay.
- Parenting.
- Child care and supervision.
- Representation on behalf of children.
If parents evade their duties or abuse their parents’ rights, they may be deprived of their parental rights. Abuse of the rights of parents is expressed in the fact that parents use their rights to the detriment of the interests of children: they prevent learning and involve them in antisocial activities.
What is the Deprivation of Parental Rights
Deprivation of parental rights is a procedure carried out by the agencies of tutorship and guardianship, the second parent (if any), concerning a parent who does not fulfil his duties concerning children or abuses parental rights. The procedure of deprivation of parental rights is carried out only through the court. If you have any questions about the deprivation of parental rights, we recommend you consult our experienced family lawyer.
Who Mustn’t be Deprived of Parental Rights
1. It is possible to deprive a parent of parental rights only for minor children (under 18 years of age). Parents of persons over 18 cannot be deprived of parental rights.
2. Parents of children under 18 who have already married or been declared fully capable will also not be deprived of their parental rights.
3. Issues of deprivation of parental rights in respect of persons whose parents do not record in the records of the child’s birth certificates in the civil registry offices are not considered. That is, persons who actually raise a child but are not his parents, according to the documents, guardians, and trustees cannot be deprived of parental rights.
4. Parents who are unable to perform their parental duties due to mental illness, dementia, chronic illness or other reasons beyond their control should not be deprived of parental rights. However, this does not apply to people who have chronic alcoholism or drug addiction.
When a Parent is Deprived of Parental Rights
In addition to non-fulfilment of parental duties and abuse of parental rights, the court may revoke parental rights if it finds that the parents (or one of them):
- He is abusing a child. Child abuse is expressed in physical or mental violence, unacceptable parenting practices, and humiliation of children’s human dignity.
- He leads an immoral lifestyle, and it has a bad effect on the child.
- The parent living separately from the child refused the child and submitted a written application for consent to the adoption of the child.
- He refused to take the child away from the hospital after his birth or left him there after birth.
How Does the Deprivation of Parental Rights
The court is considering a case of deprivation of parental rights based on a statement of claim that can be filed by:
- One of the child’s parents.
- Guardian, trustee.
- Prosecutor.
- Tutorship and guardianship agency.
- The Commission for Juvenile Affairs.
- Individuals and organizations that become aware that children’s rights are being violated should inform the state authorities.
A statement of claim for deprivation of parental rights is filed with the court on behalf of a minor child at the defendant’s place of residence (the parent who is supposed to be deprived of parental rights) or at the child’s location when he is on state support. Simultaneously, with the demand for parental rights to be deprived, a claim can be made to recover alimony. The defendants in such claims will be only the parents who the parents register in the civil registry office (Registry office).
Several documents must be attached to the statement of claim for the deprivation of parental rights:
- Birth certificates of children or copies of certificates.
- Acts of examination of children’s living conditions.
- The conclusion of the tutorship and guardianship agency.
- Protocols of the internal affairs bodies, if any.
- Resolutions of the investigating authorities, copies of court verdicts (if any).
- A written statement of refusal from the child (if any).
- Characteristics of parents.
- Documents from medical institutions in case of alcoholism or drug addiction of parents.
- Information about parents’ income.
Deprivation of parental rights is a last resort, and due to the complexity of this process, we recommend that you seek the services of experienced lawyers.
If you have questions related to parental rights deprivation, we recommend that you contact our experienced family lawyer. He will prepare the necessary documents, help collect evidence, and represent your interests in court and government agencies.
What are the Consequences of Deprivation of Parental Rights
If one of the parents is deprived of parental rights, the court betrays the child to the second parent. When both parents are deprived of parental rights, the court transfers the child to the custody of the guardianship authority (the child is transferred to an orphanage). If a guardian or trustee of the child has already been appointed, the court may transfer the child to him (this may be a relative or another person).
A parent deprived of parental rights by the court is not exempt from the obligation to maintain a child. Parents deprived of parental rights are still required to pay child support when the other parent has filed a claim for alimony, and the court has satisfied this requirement.
What Rights does a Parent Lose when Deprived of Parental Rights
A parent deprived of parental rights by the court loses all rights related to the relationship with the child. For example, such parents are deprived of the opportunity to receive maintenance and reimbursement of maintenance costs from the child if they need assistance or cannot work. Simply put, parents deprived of parental rights will not be able to receive alimony from children in old age or in case of disability.
Also, parents are deprived of parental rights:
- They are deprived of the opportunity to receive a survivor’s pension in the event of the death of a child at any age.
- They cannot be heirs by law in the event of the death of a child of any age.
- Persons deprived of parental rights cannot be guardians or adoptive parents. For example, if such persons marry a spouse who has minor children, adoption is prohibited.
- Persons who have been deprived of parental rights cannot raise their children who are under the age of 18 (minors), represent their interests, take them away from other persons, or consent to adoption.
Communication with Children of Parents who have been Deprived of Parental Rights
Parents who have been deprived of parental rights can communicate with their children if they are allowed to do so by the child’s guardian. In case of refusal to communicate with parents deprived of parental rights, it is recommended that they contact the guardianship authority.
If such communication is not in the child’s best interests, permission will not be given. If communication is in the child’s best interests, the guardianship authority will determine the order of communication: time, place, and order of communication with the child. If a child has reached the age of 10, then his desire to communicate with a parent deprived of parental rights is considered.
Can Parents be Restored in Parental Rights
Only the court can restore parental rights. The court always takes into account the child’s opinion, and if the child is 10 years old or older, then the child’s consent is required to restore the parent’s rights.
The main conditions for the restoration of parental rights:
1. The interests of children require this.
2. The children were not adopted.
3. It has been more than 6 months since the court’s decision to revoke parental rights came into force.
What is Considered when Restoring Parental Rights
The court checks whether the behaviour and lifestyle of the parent who was deprived of parental rights and his attitude to the upbringing of the child have changed. The court will need an act of examination of the parent’s housing and living conditions and the conclusion of the guardianship authority that the child can be raised in the parent’s family.
Simultaneously with the request for restoration of parental rights, you can file a claim for the transfer of a child to foster care. If the court satisfies both requirements, the parent is no longer required to pay alimony after the court’s decision comes into force. The court decision is executed by a bailiff with the participation of representatives of the guardianship authority.
The court considers claims for restoration of parental rights with the mandatory participation of the prosecutor and a representative of the guardianship authority. Therefore, if necessary, we recommend you consult with our family lawyer, who can represent your interests in court.
Conclusion
Deprivation of parental rights is a serious step that can significantly impact the fate of both children and parents. It is important to remember that the process of deprivation of parental rights must take place in accordance with the state’s requirements and take into account all aspects related to the welfare of the child.
If you need to protect your rights or the rights of your children in this situation, please contact our experienced family law lawyers. We will provide consultations and support in collecting the necessary documents and represent your interests in court and government agencies.
Contact us
If you have any questions related to deprivation of parental rights in Belarus, we will be happy to help! Our long-term experience will help you choose a lawyer, to represent your interests in court and government agencies.
- +37529142-27-19 (WhatsApp, Viber, Telegram);
- info@ambylegal.by.
