In some cases, the deprivation (cancellation) of parental rights in Belarus is the only way to influence a parent who does not participate at all in the upbringing of a child under 18, in his maintenance or has a bad influence. Deprivation of parental rights can be called an extreme measure of influence on the parent. Parental rights can only be deprived by the court.
When a parent can be deprived of parental rights
One of the parents may be deprived of parental rights by the court when:
- The parent evades the fulfillment of his duties for the upbringing and maintenance of the child.
- The parent is abusing the child, abusing parental rights.
- The parent leads an immoral lifestyle and this has a bad effect on the development of the child.
- The parents abandoned the child and submitted a written application for consent to the adoption of the child.
- The child was taken away from his parents by the decision of the Commission on juvenile Affairs and within 6 months after that, the reasons for which the child was selected and transferred to state support did not disappear.
The reasons for the selected child may be:
- An immoral lifestyle of parents or a single parent, when it has a bad effect on the child.
- Chronic alcoholism or drug addiction or other non-fulfillment of parental responsibilities that puts the child in a dangerous position.
- The child was left after birth in a maternity hospital.
- The child was not taken from the hospital without good reason.
- How the court deprives parents of their rights.
- One of the parents or the guardian of the child, the prosecutor, the commission on juvenile affairs or another 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.
How we can be useful in resolving issues of deprivation of parental rights
Our lawyers and advocates are experienced in family law and speak English. We can:
- Advise on the issues of deprivation of parental rights and the consequences of deprivation;
- Advise you on the issue of evidence of non-fulfillment of parental duties by a parent;
- Advise you on the issues of participation in the upbringing of a child of a parent deprived of parental rights;
- Draw up the necessary documents, including an application to the court or a complaint against a court decision on the deprivation of parental rights;
- Represent your interests in court.
Contact us
If you have any questions or disputes in the field of deprivation of parental rights — we will be happy to help you! Our long-term experience in the field of family law will help us to provide you the best and professional legal service in Belarus.
Phone and email communication options are available for your convenience:
- +375293664477 (WhatsApp/Telegram/Viber);
- info@ambylegal.by.
