To deprive one or two parents at once of parental rights to a child is sometimes a more necessary measure. But it is impossible to do this simply at someone's request. After all, cases of this kind are considered in court. In this regard, at the first stage, it is necessary to correctly draw up a statement of claim.
Instructions
Step 1
In the upper corner of the sheet (preferably in the right), indicate the name of the judicial authority where you are going to apply with the application. For example, the Nikulinsky District Court, Moscow. Continue with the traditional hat design. Write down from whom the application is submitted. It is drawn up like this: Plaintiff (s): surname, name, patronymic (in full). Then enter your full residential address along with the postal code. Next, write to whom you are bringing this claim. Defendant (s): last name, first name, patronymic (also in full) and address of the place of residence also with a zip code Indicate here and third parties - as a rule, these are the guardianship authorities, which together with you are dealing with the issue of depriving the defendant of parental rights.
Step 2
Now write in the middle of the sheet: "Statement of claim for deprivation of parental rights." In parentheses, indicate the article for which you intend to revoke your rights. Usually, such issues are resolved in accordance with Articles 69-70 of the Family Code of the Russian Federation.
Step 3
In the text of the claim, describe in detail the essence of your claims against the defendant (s). For example: "Despite the decision of the magistrates' court, issued upon divorce, the parent does not want to pay child support." Or: "Discreet in his parenting responsibilities." Or, perhaps, he is a socially dangerous person (alcoholic, drug addict or mentally unstable person). After a detailed listing of the reasons why you want to deprive the second parent of the rights to the child, at the end of the claim, write: "I ask the court to deprive the defendant of parental rights in relation to my child (surname, name, patronymic and date of birth in full)."
Step 4
So that your words do not sound empty, gather evidence. This may include testimony of witnesses, photo and video materials, audio recordings, written threats, etc. If in relation to your ex-spouse (s) there are previously issued court orders under the Criminal Code of the Russian Federation or the Administrative Code of the Russian Federation, then do not forget about them too. Get everything in writing, make copies and attach an attachment to your claim. Be sure to attach a sheet with a description of what is included in this application to the claim. This is necessary so that the documents are not lost, and the court can quickly navigate your papers.
Step 5
Also collect letters from the guardianship, their recommendations and wishes. Attach all of this to your application as well.
Step 6
Sign your claim, date it and feel free to file it with the competent authorities. There you will be assigned a meeting date. And if the court finds your arguments convincing, it will definitely make a decision in your favor.
