Deprivation of parental rights, perhaps, at presenttime is the most severe measure of family legal responsibility. And it is used only in special, exceptional cases, when it is necessary for the well-being and normal existence and upbringing of the child. The very grounds for depriving parental rights are strictly regulated in the legislation. Article 69 of the UK provides an exhaustive list of conditions, if any of which should be selected from the mother or father, or both at the same time. For any other reason, this sanction is inadmissible.
What is the deprivation of parental rights?
The Family Code does not contain a normative,state definition of this concept. In the doctrine, under the deprivation of parental rights, we mean the measure of responsibility of the father or mother that applies only in exceptional situations, or both simultaneously for improper performance or complete failure to fulfill their direct responsibilities for the upbringing of offspring. Some scholars believe that this sanction is nothing more than a way to protect the interests of the child. Such a decision has special legal consequences for all those affected. It is well known that in the biological sense, it is impossible to exclude the relationship between the child and his parents. In the legal aspect, this is possible. So, in such cases, the parents (or one of them) lose all rights and obligations with respect to their offspring, which arose on the basis of kinship. This decision is also accompanied by a change in the residence of the child.
What are the grounds for depriving parental rights?
In every country, including Russia,established its list of reasons for which it is possible and necessary to apply the family-legal measure of responsibility we are considering. The grounds for the deprivation of parental rights are given in Article 69 of the Family Code. The legislator referred to them:
- abuse of relevant powers;
- chronic alcoholism, as well as drug addiction of parents or one of them;
- cruel treatment of children;
- intentional commission of a crime against their children or spouse;
- Avoiding the performance of their direct duties in relation to the offspring;
- a causeless refusal to take the child from the hospital, kindergarten or other institution.
Thus, these bases are the sameregardless of sex. Therefore, it is incorrect to ask about the cases in which the father's parental rights are forfeited. The grounds for this are the same as for the mother.
What are the consequences of applying this kind of punishment?
The grounds for deprivation of parental rightsrepresent violations of children's rights. Therefore, in view of the commission of the specified actions, the offender has to suffer adverse and undesirable consequences for him. They are a complete deprivation of rights, which were based on the fact of kinship. Despite this, parents do not lose their direct responsibilities - for example, to keep their offspring. In addition, the question of the further residence of the child is also raised. It is possible that in connection with the current situation he will have to leave his imprudent parents.</ p>