Parents can return children confiscated by the guardianship authorities only in court. This procedure applies to cases of restriction and deprivation of parental rights for any reason.
The current family legislation provides for two main situations in which children can be removed from the family: deprivation of parental rights and restriction of these rights. In any case, the decision is made by the court, and the case is considered with the participation of the prosecutor, guardianship and guardianship authorities. At the same time, the legislation takes into account that the circumstances that caused the removal of children from the family can change for the better, therefore, parents are given the opportunity to rehabilitate and restore their rights in relation to children. Restoration is also carried out in court, for this the interested parent submits an application.
How to return children in case of deprivation of parental rights?
If children were taken away due to deprivation of parental rights, then the reason for this is the inappropriate behavior of the parents, non-compliance with parental responsibilities, alcohol or drug abuse, and abuse of their own children. That is why, in order to return the children, the parent will need to prove in court that his behavior, attitude towards upbringing, and lifestyle have changed for the better. It should be noted that six months after the deprivation of parental rights, the child may be adopted, after which the restoration of these rights will become completely impossible. In addition, when deciding on the rehabilitation of parents, the court takes into account the opinion and interests of the child, and if the child is more than ten years old, then his own consent to return to the family is mandatory.
How to return children in case of restriction of parental rights?
In some cases, parental behavior also poses a danger to children, but there is no reason for immediate termination of parental rights. In this case, the guardianship authorities can file an application with the court to restrict parental rights, which will also entail the removal of children from the family. Usually, this situation occurs when the parents are mentally disturbed, the family gets into a difficult life situation. If the problems are not eliminated within six months, then the guardianship authority can apply to the court with a statement on deprivation of parental rights. If the danger for children is eliminated, then the parents themselves can apply for the abolition of the restriction of their rights, which will also entail a detailed trial with obligatory proof of changes in the conditions for upbringing, an improvement in the material condition of the family.
What evidence should be collected for a trial?
In all the cases described, in order to return the children, parents will need to prove that their behavior, lifestyle, attitude towards raising children or financial situation has changed significantly. As confirmation of these circumstances, you can use:
- documents on the employment of parents, the average amount of their earnings;
- documents on registration in a medical institution, undergoing treatment for certain diseases (alcoholism, drug addiction);
- characteristics from the place of residence, place of work or place of study, confirming the change in the behavior of the parents.
After the presentation of the specified evidence in the court session, the chances of meeting the parents' demands and returning the children are significantly increased.
