Lawyer on deprivation of parental rights in Belarus
If you’re facing a deprivation of parental rights case in Belarus, it’s crucial to have experienced legal representation. A lawyer specializing in this area can guide you through the legal complexities, ensuring your case is presented effectively. At Ambylegal.by, our attorneys are dedicated to protecting the best interests of children while navigating the legal processes of parental rights deprivation. Trust us to provide you with personalized support and a strategic approach to your case.
How the court deprives parents of their rights
One of the parents or the guardian, the child’s trustee, the prosecutor, the commission on juvenile affairs or other state body may file a claim with the court for the deprivation of parental rights of one or both parents.
The prosecutor and a representative of the guardianship authority must be summoned to court.
When the court deprives one of the parents of parental rights, the child is transferred to the other parent. When the court deprives both parents of their parental rights, the child is transferred to the guardianship authority.
Parents who have been deprived of parental rights by the court lose the rights of parents in relation to the child: the right to participate in upbringing, the right to receive maintenance from the child when the child grows up, the right to receive a pension in case of disability and death of the grown-up child, the right to be the legitimate heir of the child.
Communication with the child of parents deprived of parental rights
At the request of parents who have been deprived of parental rights by the court, the guardian, the trustee of the child may allow such parents to communicate with the child or refuse to communicate. When the parents deprived of parental rights, the trustee or guardian refused to communicate with the child, the procedure for such communication will be determined by the guardianship authority in the interests of the child. In this case, the guardianship authority will take into account the desire to communicate with the parents of a child from the age of 10. In the decision on the order of communication with the child, the guardianship authority will indicate the place, time and order of communication.
If communication does not meet the interests of the child, the guardianship authority will prohibit communication. A parent deprived of parental rights can appeal against such a ban in court.
Jurisdiction of cases on deprivation of parental rights
Claims for deprivation of parental rights in Belarus can be filed in various jurisdictions. These include the place of residence of the defendant, the plaintiff, or the child, particularly if the child resides in an orphanage. The court will determine the appropriate jurisdiction based on the circumstances of the case, ensuring that the legal proceedings are conducted in the most suitable location to protect the child’s well-being and uphold parental rights.
Deprivation of parental rights on the child’s initiative
In cases of deprivation of parental rights initiated by the child, the child’s guardian, custodian, or other parent may file a petition on their behalf. The child is then considered the plaintiff in the civil case. To support the petition, the court requires strong evidence of the grounds for deprivation, which may include reports from the guardianship and custody agency, testimonies from school or kindergarten representatives, as well as photographs and written documentation that demonstrate the need for such a measure.
Refusal to terminate parental rights
If the court determines there are insufficient grounds for depriving a parent of their rights, it may reject the petition. The court carefully considers factors such as the parent’s character, work history, and other relevant circumstances. If the child is 10 years old or older, their opinion may also be taken into account in the decision. Additionally, a claim for the deprivation of parental rights will be denied if the parent is found to suffer from a mental illness that impacts their ability to care for the child.
Consequences of termination of parental rights
When parental rights are terminated, the parent loses all legal rights and responsibilities towards the child. This includes being unable to act as the child’s guardian or representative in institutions such as schools and kindergartens. The parent also forfeits rights to inheritance from the child, as well as the right to receive financial support, including a pension after the child’s death. However, parents remain obligated to provide financial support for their children. Alongside the termination of parental rights, a lawsuit for child support can still be pursued.
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When a parent may be deprived of parental rights
Evading Parental Duties
A parent may be deprived of rights if they consistently evade their responsibilities to raise, care for, and financially support their child, neglecting their basic parental obligations.
Cruel Treatment & Abuse
Parental rights can be terminated if a parent cruelly mistreats or abuses the child, showing disregard for the child’s well-being and violating their protective rights.
Immoral Lifestyle Impacting Child
If a parent leads an immoral lifestyle that negatively impacts the child’s mental, emotional, or physical development, it may lead to the termination of parental rights.
Parental Abandonment & Consent to Adoption
Parents who abandon their child and submit a formal statement consenting to adoption may lose parental rights, as their neglect and consent to adoption affect the child’s future.
Child Taken by Juvenile Commission
If a child is removed from parental custody by the Juvenile Affairs Commission and the conditions that led to removal have not improved within 6 months, parental rights may be revoked.
Reasons for Depriving a Child
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FAQ
Parents cannot be deprived of parental rights in the following cases: when a child has reached the age of majority (18 years), is married, or has been declared fully capable. In these situations, the parents retain their legal rights.
Yes, a biological father can be deprived of parental rights if he neglects his duties, including substance abuse, lack of stable employment, and failing to provide for the child. His failure to support the child financially may also be grounds for deprivation.
Yes, a child can inherit from a parent who has been deprived of parental rights, as the child retains their right to inheritance unless the child has been adopted. The termination of parental rights does not affect the child’s right to inherit.
A biological father can seek to restore parental rights if the child has not been adopted. However, if the child has been adopted, parental rights are irrevocably terminated, and the biological father cannot regain them.
Yes, the child’s wishes are considered if they are over the age of 10. The court may take the child’s opinion into account, but it is not decisive. The child’s interests and well-being are the primary considerations.
A biological father deprived of parental rights may not automatically have the right to communicate with the child. However, communication can be arranged if the court determines it is in the best interest of the child. The mother’s opinion and the child’s wishes are also considered.
Contact us
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LawyerLegal assistance is provided by advocate Anton Grinewich, Specialized Legal Bar No. 2 in Minsk.
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E-mail
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AddressOffice: 1 Krasnaya str., Minsk, Republic of Belarus Postal address: 1 Krasnaya str., Minsk, Republic of Belarus
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Working hoursMonday-Friday 9:00-19:00
