How to draw up a statement of claim for deprivation of parental rights?

Unfortunately, often the situation in the familyis that deprivation of the rights of one or both parents is the only correct decision on which the well-being of the child depends. According to the Family Code, namely his 70th article, this issue can only be considered in court, in the compulsory presence of a representative of the district guardianship department and the prosecutor.

The main document on the basis of which the casecan be considered in court, is a statement of claim for deprivation of parental rights. The outcome of the court session depends on how correctly it is drafted.

To issue such an application and independentlyone of the parents of the child, his guardian, as well as the prosecutor, who became aware of the mother's or father's unfair treatment of the duties imposed on the parents, or the representative of the guardianship or the orphanage educational institution in which the child lives, can send it to court.

To send a statement of claim for deprivationParental rights are needed in the Federal Court of the district where the defendant resides. If his place of residence is unknown, the claim is filed at his last known address or at the location of the plaintiff. Before sending an application to the court, it is necessary to pay the state fee in the bank. Only a representative of the guardianship authority or an orphanage, as well as the prosecutor, are released from her.

So, by preparing a statement of claim for deprivationparental rights, it is important to correctly draw a hat: it should include the court's mailing address and name, the full details of the set and date of birth of the plaintiff and the defendant, their place of residence and telephone number. It is also necessary to indicate in the header of the application the data of third parties participating in the case. The third parties may be representatives of the orphanage in which the child lives, guardianship authorities, as well as other citizens interested in the outcome of the case.

The following should be detailedcircumstances that forced the plaintiff to take such an extreme step as depriving parental rights. The statement of claim must reflect specific facts, for example, the mother's refusal to take the child from the maternity home, the evasion of his upbringing, the manifestation of cruelty or the commission of an unlawful act in relation to the child, drug addiction, alcoholism of the mother or father.

The above facts should be reinforceddocumentary: the application must be accompanied by certificates from the narcological dispensary (if any), the certificate of the housing and living conditions survey carried out by the ward department in which the child lives, evidence of administrative or criminal offenses of the defendant, etc. The more evidence in the case will be included in the statement of claim on deprivation of parental rights, the higher the probability that the court will take the side of the plaintiff and satisfy his demands.

According to the third paragraph of Article 70 of the Criminal Code of the Russian Federation,At the same time with a request for deprivation of rights, the plaintiff may demand the recovery of the child support from the defendant. This should be stated at the end of the application. together with the demand for the deprivation of the rights of the parent.

Statement of claim of deprivation of parental rightsmust end with a list of applications that are surrendered simultaneously with the filing of the claim. It can be the following documents or their copies: the passport of the plaintiff and the defendant, the birth certificate of the child, the marriage or divorce of the parents, the certificate of registration, the criminal record, the registration with the dispensaries, the receipt of payment of the duty by the plaintiff,

The suit can be personally surrendered to the courtthe time allotted for this, or sent by registered mail. As a rule, two to three weeks after the application is submitted, the plaintiff and other participants in the process receive summonses to the court.

If you take into account the above tips, thenindependently write a statement of claim for the deprivation of parental rights will not be difficult. However, if for any reason there are problems, it is best to seek advice from a lawyer who specializes in matters of family law.