It happens that the conflict between the child’s parents, between guardians and parents, especially after a divorce, leads to the need to restrict the parents’ rights. The restriction of parental rights can be called the restriction of a parent in communication with a child, as well as cases when the court determines the order of communication with the child of the parents or one of the parents.
What is the restriction of the rights of parents
Parents have equal rights and responsibilities to raise their children during marriage and after divorce. Sometimes the child’s parents were not married or divorced, and one parent believes that the second parent, who lives separately, has a bad influence on the child. In this case, you can go to court and ask him to determine the order of communication of the second parent with the child or restrict this parent in communicating with children. You can also ask the court to restrict communication with the child of the second parent in the case when he violates the Agreement on Children or the court’s decision on the issue of communication with the child.
Not only the parent with whom the child lives, but also other persons with whom the children live, can ask the court to restrict communication between the parent and the child. These can be guardians, trustees, foster parents, children’s boarding schools.
It happens that children live with a parent who does not fulfill an Agreement on children or a court decision regarding the communication of children with the second parent or prevents the second parent from communicating with children or has a bad effect on children. In this case, the second parent may demand in court to transfer the children to him.
What decision can the court make on the issue of restriction of parental rights
When considering a case on the restriction of parental rights, the court takes into account a number of points: whether a parent can raise a child, what kind of relationship the parent has with the child, how long the child lives with the parent, how attached.
The court may decide to appoint one of the parents as a trustee of the child, and limit the rights and obligations of the other parent in relation to the child when communication with this parent does not meet the interests of the child.
The court sets a time limit for the parent to limit communication with children. This term:
- depends on the violations that the parent allows,
- it can be defined in a court decision or not defined.
When the court has not determined the term of the restriction in communication with the child, the same court can cancel this restriction at the request of the parents, when there are no more reasons for the restriction.
When the court transfers the child to the parent who paid child support, such payments are terminated.
How we can be useful in resolving issues about the restriction of parental rights
Our lawyers and attorneys are experienced specialists in family law and speak English. We can:
- Orient in matters of possible restrictions of parental rights;
- Draw up the necessary documents, including an application to the court or a complaint against a court decision, if necessary, to build a defense strategy;
- Represent interests in court by a power of attorney.
We will analyze your situation, give recommendations on choosing the optimal course of action and, if necessary, represent your interests in court.
Contact us
If you have any questions or disputes about the restriction of parental rights — we will be happy to help you! Our many years of experience in the field of family law will help you in resolving any disputes in this area.
Phone and email communication options are available for your convenience:
- +375293664477 (WhatsApp/Telegram/Viber);
- info@ambylegal.by.
