Article 32 of the Constitution of the Republic of Belarus proclaims the rights aimed at family protection, marriage, motherhood, fatherhood and childhood, as well as starting a family. This article refers to the responsibilities of parents and their substitutes to raise children, take care of their health, development and education.
A child must not be subjected to ill-treatment or humiliation, or be involved in work that may harm their physical, mental or moral development. Children may be separated from their family against the will of their parents and other persons who substitute them, only on the basis of a court decision, if the parents or other persons who substitute them do not perform their duties.
Unfortunately, there are cases in life when a parent not only does not fulfill or ceases to fulfill their duties to their child, but also creates or can create risks to the health or even life of their child with their behavior. These situations, in practice, do not occur very often, but they still do happen. In such situations, the legislation of the Republic of Belarus tries to protect the rights of the child and their inalienable right to life.
In accordance with the aforementioned article of the Constitution of the Republic of Belarus, norms protecting children from negligent parents were introduced into the Marriage and Family Code of the Republic of Belarus. Parents may be deprived of their parental rights for improper upbringing of their children. In this case, our lawyer for the deprivation of parental rights can help.
PROCEDURE FOR DEPRIVATION OF PARENTAL RIGHTS IN THE REPUBLIC OF BELARUS
This procedure is carried out only in court with the obligatory participation of:
– representatives of guardianship authorities.
A claim for deprivation of parental rights may be filed by one of the parents, foster parent, guardian, prosecutor, guardianship authorities, commission for juvenile affairs of a district or city executive committee, local district administration, juvenile liaison office, or other organizations authorized by the legislation of the Republic of Belarus to protect the rights and legal interests of children. Other organizations, as well as persons who have witnessed violations of the child’s rights or have become aware of such violations from any sources, must report these violations to persons who have the right to file claims for deprivation of parental rights.
A lawyer for deprivation of parental rights has the right to file a claim for deprivation of parental rights on the basis of a power of attorney received from the parent, foster parent or guardian of the child.
The claim for deprivation of parental rights must contain the basis of the claim for deprivation of parents or one of them of parental rights.
GROUNDS FOR DEPRIVING PARENTS OF PARENTAL RIGHTS
– parents evade upbringing and/or maintaining the child
This reason means the inaction of parents. Parents’ evasion of their duties to raise children may be expressed in their lack of concern for their moral and physical development, health, education, preparation for socially beneficial work, maintenance, as well as in their refusal to collect the child from a health organization after birth without valid reasons, or in leaving the child in a health organization after birth. In this case, it does not matter that the other parent or relatives of the child care about the child’s material well-being;
– parents abuse parental rights and/or the child
Abuse of parental rights is the use of parental rights to the detriment of the child’s interests, for example, creating obstacles to learning, involving them in activities that are anti-social in nature (encouraging begging, theft, prostitution, alcohol or drug use).
Ill-treatment or abuse of children is expressed in physical or mental violence, use of unacceptable parenting methods, and humiliation of children’s human dignity;
– parents lead an immoral lifestyle that has a harmful effect on the child
Immoral lifestyle can be manifested in drunkenness, committing crimes, engaging in prostitution, etc.;
– parents rejected the child and submitted a written statement of consent to adoption provided their separation from the child;
– within six months, after the child was taken away from them by the decision of the commission for juvenile affairs of a district or city executive committee or a local administration, the reasons that served as the basis for taking the child away have remained at the place of the child’s residence.
The basis for the deprivation of parental rights may be the conviction of a parent for committing a crime under article 173 of the Criminal Code of the Republic of Belarus – “Involving a minor in antisocial behavior”. Conviction of a parent for committing another crime stipulated in the Criminal Code of the Republic of Belarus may only lead to the deprivation of parental rights if it has had a harmful effect on the child.
Our parental rights lawyer is ready to explain on what grounds a person can be deprived of parental rights in your particular case.
The claim must be accompanied by: certificates or copies of birth certificates of children; acts of surveys of children’s living conditions; conclusion of the guardianship authorities, approved by its head; relevant protocols of internal affairs bodies, conclusions of investigative bodies, copies of court sentences, written statement of rejection of the child, character references of parents; if the parents suffer from chronic alcoholism or drug addiction, relevant documents from medical institutions; information about the earnings or other income of the defendants, and other necessary evidence.
Our lawyer for the deprivation of parental rights will help you correctly draw up a claim and attach all the necessary documents to it in order to prove the grounds for the deprivation of parental rights of one or both parents and thereby protect the rights of the child.
One or both parents can be deprived of their parental rights. If the parental rights of one or both parents are deprived, as well as if the transfer of the child to the other parent is impractical or impossible, the court decides to transfer the child into the care of the guardianship authorities.
The parental rights lawyer will thoroughly explain the consequences of parental rights deprivation:
– loss of certain personal non-property rights, such as: the right to bring up one’s own child, to care for and supervise them; to determine their place of residence; to determine their citizenship; to be represented on behalf of their children, etc.;
– loss of all property rights that are based on the fact of kinship with the child in respect of which the parent has been deprived of parental rights, including the right to receive maintenance from them, the right to pension after the death of the child and the right to inheritance by law.
– a parent deprived of parental rights cannot be a guardian, foster or adoptive parent;
– deprivation of parental rights does not absolve the parents of their responsibilities for the maintenance of the children, therefore, the interested parties retain the right to recover alimony;
– visitation rights may be maintained at the request of the parents deprived of parental rights. In this event, the wishes of the child who has reached the age of ten must be taken into account.
If the foster parent or guardian denies the parents deprived of parental rights visitation with the child, the order of visitation is determined by the guardianship authorities, except in cases where such visitation does not meet the interests of the child. The time, place and order of communication with the child are specified in the decision of the guardianship authority.
In certain cases, the legislation of the Republic of Belarus allows the possibility of restoring parental rights. Our parental rights lawyer will explain to you in which cases the restoration of parental rights is allowed.
The parental rights lawyer of our law office has extensive experience in representing people in parental rights deprivation cases in the Republic of Belarus. Our legal assistance on issues of parental rights deprivation includes:
– providing advice on issues of deprivation of parental rights;
– assessment of the prospects of a case of deprivation of parental rights;
– preparation of necessary documents for applying to the court on the issue of deprivation of parental rights;
– representation in court on issues of deprivation of parental rights.
Our parental rights lawyer in Minsk, who is specializing in cases of parental rights deprivation, has more than 15 years of experience in handling such cases. Thanks to our parental rights lawyer, more than a few dozen children and families have received legal protection, and more than a hundred families have received competent and qualified legal assistance.
It should be noted that cases of parental rights deprivation are quite complex and require knowledge of all the specifics of Belarusian legislation in the field of protecting the interests of minors. If you contact our law office for help, our parental rights lawyer will save you from problems and give you a professional view of the situation. Please contact us for more information.