General procedure for restoration of parental rights
There are cases when parents, in respect of whom the court made a decision on deprivation of parental rights, want to restore their rights to the worker. Usually these are situations when parents change their way of life, their behavior and attitude towards children. In these cases, the parent has the right to file a claim with the court to resolve the issue of restoring parental rights.
It should be noted that the restoration of parental rights can only be carried out in relation to children who have not been adopted, or the adoption has been canceled.
Thus, due to the importance and complexity of such categories of cases, the law provides exclusively for the judicial procedure for the restoration of parental rights.
When the child, in respect of whom the court is considering the case, reaches the age of ten, the court is obliged to find out his opinion on the restoration of the parent’s rights. This is usually found out during a conversation with a child, about which a certificate is subsequently drawn up by the court. The certificate is attached to the case file.
During the hearing of the case, the court finds out whether there have been positive changes in the parent’s lifestyle, his attitude to raising children, and his behavior. To do this, the court needs to demand a lot of evidence. In particular, the court is obliged to examine:
– characteristics of the parent at the place of residence;
– characteristics from the place of work;
– act of inspection of the living conditions of the parent;
– personal account for the dwelling where the parent lives;
– thanks, certificates, awards (if any);
– other materials that indicate changes in the behavior and lifestyle of the plaintiff.
With regard to the parent’s behavior at work, the court examines whether there were absenteeism, appearance at work in a state of alcoholic intoxication, and, on the contrary, whether the plaintiff was encouraged for good performance at work, whether he was awarded awards, etc.
If the parent has been deprived of his rights due to alcohol abuse, the court considers materials from the narcological dispensary about how long the parent does not drink alcohol, whether he complies with all medical prescriptions, whether he has changed his lifestyle, etc.
If the court, having collected and studied the evidence, after hearing the conclusion of the representatives of the guardianship and guardianship authorities, the opinion of the prosecutor, the statement of the plaintiff, comes to the conclusion that the parent has radically changed for the better and is able to raise the child, then he makes a decision on the restoration of parental rights.
Participation of a Prosecutor in Cases on Restoration of Parental Rights
The law provides for the obligatory participation of the prosecutor and the guardianship and guardianship authorities in cases of both deprivation of parental rights and in cases of restoration of parental rights.
The prosecutor, participating in the court session, on the basis of the available evidence, after the statements of the parties (the plaintiff, the defendant), having heard the conclusion of the representatives of the guardianship and guardianship authorities, expresses his opinion on the case. The opinion of the prosecutor should make a recommendation to the court as to which decision should be taken.
Terms of restoration of parental rights
As a general rule, the period for the restoration of parental rights should be long enough. It will take a long time from the moment when the parents were deprived of parental rights.
This requirement is due to the fact that parents must be given sufficient time to correct, understand their mistakes, change their attitude towards children. In the interests of children, if the court finds that the parent has significantly changed for the better, a decision may be made to restore parental rights.
Legal consequences of the restoration of parental rights
After the court makes a decision on the restoration of parental rights and its entry into legal force, the parent again acquires all rights and obligations in relation to the child. In addition, family ties are being restored.
From the moment the court decision on the restoration of parental rights enters into legal force, the parent is returned the right to raise the child, determine his place of residence, consent to the child’s departure abroad, be the legal representative of the minor in school, kindergarten, and participate in his education.
At the same time, the right of inheritance is returned to the parent after the death of the child, i.e. the parent is called upon to inherit by law as the first priority heir.
Thus, the restoration of parental rights is a legal fact that restores the position of the parent, which took place before the deprivation of parental rights.
Our attorneys have extensive experience representing our clients in parental restoration issues. Our lawyers for the restoration of parental rights are ready to provide you with the following legal assistance in matters of restoration of parental rights:
– oral and written advice on the restoration of parental rights;
– representation and protection of interests in courts on the restoration of parental rights;
– advice and representation of interests on the restoration of parental rights of foreign citizens.
If you have questions related to the restoration 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.
