According to the Constitution of the Republic of Belarus, children can be separated from their family against the will of their parents and other persons replacing them, only on the basis of a court decision, if the parents or other persons replacing them do not fulfill their duties.
Based on Article 85 of the Code of the Republic of Belarus on Marriage and Family, restriction of parental rights should be understood as taking away a child from the parents (one of the parents) by a court decision without deprivation of parental rights.
Removal of a child by decision of the commission on juvenile affairs of the district, city executive committee, local administration of the district in the city
The commission on minors’ affairs of the district, city executive committee, local administration of the district in the city at the location of the child may decide to recognize the child in need of state protection, to take the child away from the parents (single parent), to establish the status of children left without parental care, about placing a child on state support. Such a decision is made by the Commission on Juvenile Affairs within three days, if the following has been established:
– parents (single parent) lead an immoral lifestyle, which has a harmful effect on the child;
– parents are chronic alcoholics or drug addicts;
– otherwise, they are inadequately fulfilling their responsibilities for the upbringing and maintenance of the child, in connection with which he is in a socially dangerous position.
The commission on juvenile affairs of the district, city executive committee, local administration of the district in the city forms a commission consisting of representatives of the education administration (department) of the district, city executive committee, the local administration of the district in the city, the internal affairs body and, if necessary, the health department of the regional executive Committee, Health Committee of the Minsk City Executive Committee, as well as other organizations. The commission formed in this way carries out the removal of the child no later than the day following the day the decision on the removal of the child is made,
The Commission on Juvenile Affairs shall notify the relevant prosecutor of the decision taken within three days.
Upon the expiration of six months after the decision on the removal of the child has been taken, the Commission on Minors shall take a decision either to return the child to the parents, if the reasons that served as the basis for the removal of the child have disappeared, or to initiate a case for deprivation of parental rights in court, if the reasons for the removal remain.
Removal of a child by a court decision
The court may decide to remove the child and transfer him to the custody of the guardianship and guardianship authority without deprivation of parental rights, if leaving the child with the persons with whom he is is dangerous to his life, health, physical, mental and spiritual development.
Disputes about the restriction of parental rights refer to disputes related to the upbringing of children. When considering them, the participation of a prosecutor and a representative of the guardianship and trusteeship body is mandatory.
The removal of children without deprivation of parental rights is carried out in the same manner as deprivation of parental rights.
The following persons can bring a claim for the removal of a child without deprivation of parental rights:
one of the parents indicated as the parent in the child’s birth certificate, regardless of whether he lives with the child;
guardian or caregiver of the child,
prosecutor,
guardianship and trusteeship bodies,
commission on juvenile affairs of the district, city executive committee, local administration of the district in the city,
inspectorate for minors,
other organizations legally authorized to protect the rights and legitimate interests of children
A claim for deprivation of parental rights is filed at the place of residence of the defendant. If the child is on state support, then the claim is filed at the place of residence (location) of the child.
The following documents are attached to the statement of claim:
– certificates or copies of birth certificates of children;
– acts of examination of the living conditions of children;
– the conclusion of the guardianship and trusteeship body, approved by its head;
– the protocols of the internal affairs bodies, decisions of the investigating bodies, copies of court sentences, a written statement on the abandonment of the child, characteristics of the parents that are relevant to the case under consideration;
– relevant documents of medical institutions if parents suffer from chronic alcoholism or drug addiction;
– information about the earnings or other income of the defendants;
– other necessary evidence.
Court proceedings on disputes related to the upbringing of a child shall be appointed only after receiving from the guardianship and guardianship authority an opinion on the merits of the dispute in question, together with documents reflecting the factual circumstances of the case.
Consequences of taking away a child
After the child is taken away, the parents are obliged to take part in his upbringing in accordance with the plan to protect the rights and legitimate interests of the child. Communication with the child is carried out with the consent of the guardianship and guardianship authorities or persons with whom the child is in foster care. Communication is not allowed if it is not in the best interests of the child.
In case of refusal of the guardian, trustee from providing parents with the opportunity to communicate with the child, the procedure for communication shall be established by the guardianship and guardianship authority, except for cases when such communication is not in the interests of the child.
This takes into account the desire of a child who has reached ten years of age.
In case of disagreement with the decision of the guardianship and guardianship authority, the dispute is resolved in court.
Based on the interests of the child, the court, upon the application of the parents, may make a decision on the return of the child to them, if, according to the conclusion of the guardianship and guardianship authority, the reasons that served as the basis for the removal of the child have disappeared.
Our lawyers have extensive experience in representing our clients in matters of parental rights restriction. Our lawyers for the limitation of parental rights are ready to provide you with the following legal assistance in matters of limitation of parental rights:
– oral and written advice on the limitation of parental rights;
– representation and protection of interests in courts on the limitation of parental rights;
– advice and representation of interests on the limitation of parental rights of a foreign citizen.
If you have questions related to the restriction of parental rights, and you need help or advice from a lawyer, please contact our lawyers by e-mail: info@familylawyer.by or by phone: +375293664477.