For written statement of claim about deprivation of the parental rights of one parent or both at once, you can turn to lawyers or do it yourself. In some cases, for example, if a person in a helpless state to defend their rights, the right to file transferred to the Prosecutor's office. The document is drawn up in accordance with the provisions of the Family and the Civil procedure code.
The statement of claim you must file at the place of residence of plaintiff or defendant. In the upper right corner of the sheet you will indicate name of court, address, postcode. Then prescribe the personal data of plaintiff and defendant, the child's age. Here you specify additional information, such as phone number, email address. In the middle of the document reads "Petition". Samples can be seen on the stands in the courts, but sometimes that information becomes outdated, so when compiling you need to take into account changes in legislation at the time of writing.
In the statement you need to specify the circumstances under which the necessity arose to deprive the rights of one parent in the upbringing of the child. These may be evasion of parents from education, systematic evasion of payment of alimony, parental alcoholism, physical abuse and more. You need to consult with the tutorship and guardianship, to attach copies of documents confirming the validity of the plaintiff. Experts can confirm the fact of violations, repeated warnings of the defendant. Next, write about what you're asking for the court and on the basis of which provisions of the law.
At the end of the document for your signature and the date of preparation. Rules of law require to attach copies of receipts for payment of the state fee. Usually it is 200 rubles. The number of copies of the application must be exactly the number of defendants, plus one for the court. Please attach a reference from your study of the child, an extract from the house register about the financial and personal account, marriage certificate, birth certificate of the child, medical certificate about his health condition. Important if you get and provide to the court a certificate of the involvement of parents or one of them to criminal or other liability as the account in a psychoneurological or narcological dispensaries. This list is not exhaustive and is dispositive.
If you are not able to provide a similar list of documents to the court, this should be set out in the statement of claim with the reasons or file a separate petition.
If it is impossible to submit a document by yourself, you need to seek help from representative. It could be a person who is under the age of 18, the legal terms of the law. For it is made the power of attorney requiring notarization. A copy of the document also apply to the claim.
The more documents confirming the right requirements, you apply to a claim, the better. It can be help from the emergency room, from bailiffs on alimony debt, copies of sentences on completion of sentence etc. to Make a statement you have the right to personally or using a computer.
Advice 2: How to make a claim on deprivation of the parental rights
To deprive one or both parents parental rights to the child is sometimes measure more than necessary. But to do it just on someone's wish impossible. Because cases of this kind dealt with in court. In this regard, the first step is to properly execute a statement of claim.
In the upper corner of the sheet (preferably in law) specify the name of the judicial body where you intend to apply. For example, the Nikulinskiy district court of Moscow. Continue the traditional design of the cap. Write from whom the application is submitted. Issued it this way: the plaintiff (Itza): surname, name, patronymic (in full). After you enter your full address together with postcode. Next, write who you are bringing this lawsuit. The Respondent (CA): surname, name, patronymic (fully), and the address of the place of residence also with an index. Enter here and third parties - as a rule, the guardianship, along with you are dealing with the issue of deprivation of the parental rights of the defendant.
Now in the middle of the sheet write: "the statement of Claim about deprivation of the parental rights." Number in parentheses indicate the article on which you are going to deprive of the rights. Usually such issues are resolved pursuant to articles 69-70 of the Family code of the Russian Federation.
In the text of the claim shall describe in detail the essence of your claim to the Respondent (TSE). For example: "Despite the decision of the court issued in the divorce, a parent doesn't want to pay child support". Or: "bad faith refers to his parental responsibilities". And perhaps he is a socially dangerous person (alcoholic, drug addict or mentally unstable person). After a detailed enumeration of reasons why you want to deny the other parent rights to the child, at the end of the claim and write: "I Ask the court to deny defendant's parental rights regarding my child (surname, name, patronymic and date of birth in full)".
So that your words does not look empty sound, gather evidence. This can be witness statements, photos and videos, audio recordings, written threats, etc. If your ex-spouse (-GI) a previously issued court orders under the criminal code or administrative code, do not forget about them, too. Arrange everything in writing, clear up and make the application to their claim. Be sure to claim attach sheet with description, what is included in this application. This is necessary so that documents are not lost, and the court was faster to focus in your papers.
Also collect emails from custody, their recommendations and suggestions. All of this also apply to your statement.
Sign your claim date and feel free to apply it to the competent authorities. There you will designate the date of the meeting. And if the court finds your argument persuasive, he will make a decision in your favor.
In some cases, can deprive of the parental rights? Termination of parental rights is realized by judicial procedure on the grounds stipulated by article 69, 70 of the Family code. Cases on deprivation of parental rights are at the request of one of the parents; the surrogate parents, the Prosecutor, and the statements of the agencies or institutions responsible for the protection of minor children.
The statement on deprivation of parental rights is filed in the district court at the place of residence of the defendant and considered in the proceedings, i.e. the appeal to the court is a claim. Even if in court it will be proved culpable conduct of a parent, in exceptional cases, the court, given the nature of his behavior, personality and other relevant circumstances is entitled to refuse the claim on deprivation of parental rights.