The Supreme court clarified the circumstances under which the child may be removed from the family


The Supreme court of the Russian Federation adopted a resolution clarifying the practice of application by courts of the legislation in the limitation or deprivation of parental rights and removal of children from the family. In this document, the parental rights named an extreme measure, and indicated that the reason for it may not be difficult life circumstances – chronic illness, mental disorders in parents and the difficult financial situation in the family.

“Termination of parental rights is an extreme measure of parental responsibility which is applied by the court only for the guilty behaviour of parents, – says the document – termination of parental rights is allowed when protecting the rights and interests of children otherwise not possible”.

Parents can be deprived of their parental rights if they evade the duties of parents (including at malicious evasion from payment of the alimony) refuse without good cause to take the child out of medical institution, educational institutions, organizations of social service, abuse their parental rights, cruelly address with children, are chronic alcoholics or drug addicts, have committed intentional crimes against life or health of their children.

In the resolution it is specified that cannot be deprived of parental rights of persons who do not fulfill their parental responsibilities due to a combination of difficult circumstances and other reasons beyond their control, for example, due to chronic illness or mental disorder. In such cases the court may be made a decision to restrict parental rights if the child is dangerous to leave the parents.

The child can select immediately, without a court order, with the direct threat to his life or health. As such, you should understand the threat, “clearly indicating the real possibility of negative consequences in the form of death, harm physical or mental health of the child.” Such consequences can be caused by any action or inaction of parents, in particular, the lack of proper care, abandonment for a long time unattended infant, the abandonment of a minor child without food and drink.

The Supreme court focused on the fact that the level of wealth is not a criterion for decisions on deprivation of parental rights. “The difficult financial situation of the family in itself is not a sufficient basis for the confiscation of children from their parents on the basis of article 77 of the RF IC if the parents fulfill their responsibilities for the upbringing of children, care for them, create the necessary conditions for the development of children in accordance with the available material financial resources of the families”, – the document says.

We have previously reported that in Yekaterinburg the guardianship through the courts was taken from a family of two children with disabilities after the woman had surgery to remove the breast. After that spouses threatened that they may take away their own children.

We also wrote that the staff of the hospital in Krasnogorsk didn’t want to give the newborn the blind parents, saying that “they are disabled, and so cannot care for the child.”