In Efremov, Tula region, on April 6, a court session was to be held to restrict the parental rights of Alexei Moskalev, who was convicted of "discrediting" the army. The judge, however, decided to postpone the decision of this issue, since Moskalev himself could not be brought to the hearing: after he was detained in Minsk on March 30, nothing is known about his whereabouts.
Aleksey Dobrynin, Managing Partner at Pen & Paper, explained in an interview with The Insider that restriction of parental rights is a milder measure than deprivation of parental rights, and allows communication between a parent and a child. At the same time, guardianship authorities may, following the restriction, demand deprivation of rights if they consider that the parent has not “corrected”.
Deprivation and restriction: what is common
- Both decisions are made only in court and only at the conclusion of the body of guardianship and guardianship and the prosecutor;
- Both solutions are reversible. When changing circumstances / lifestyle, parents have the right to apply to the court for the restoration of parental rights;
- The consequence of both decisions is the loss of the right to personally educate the child, make decisions about his education, health, and so on. Such parents can no longer be the legal representatives of the child and act in defense of his interests;
- In both cases, parents retain the obligation to financially support their child (pay maintenance).
Deprivation vs Restriction: What's the difference?
- Deprivation of parental rights is an extreme measure that is used in exceptional cases. If the court sees no grounds for deprivation, it has the right to decide on the restriction of parental rights;
- Different consequences for the legal status of the child. If parents are limited in parental rights, the child may be taken under guardianship/guardianship (depending on age), but such a child cannot be adopted. If the parents are deprived of parental rights, the child can either be taken under guardianship/guardianship or adopted;
- If a parent is limited in parental rights, he can continue to communicate with the child with the consent of the guardianship authorities or the legal representative of the child.
Grounds for restriction of parental rights
- The stay of a child with a parent is dangerous for the child due to circumstances beyond the control of the parent (mental disorder or other chronic illness, a combination of difficult circumstances, and so on);
- The stay of a child with a parent due to the behavior of the parent is dangerous for the child, but sufficient grounds for deprivation of parental rights have not been established. If the parent does not change his behavior, the guardianship and guardianship authority, six months after the court has issued a decision to restrict parental rights, is obliged to file a claim for deprivation of parental rights. In the interests of the child, the guardianship and guardianship body has the right to file a claim for deprivation of the parent's parental rights before the expiration of this period.
Grounds for termination of parental rights
- Evasion from fulfilling the duties of parents, including malicious evasion from paying alimony;
- Refusal, without good reason, to take your child from a maternity hospital or from another medical organization, educational organization, social service organization or from similar organizations;
- abuse of parental rights;
- cruel treatment of children, including physical or mental abuse of them, an attack on their sexual inviolability;
- chronic alcoholism or drug addiction;
- an intentional crime against the life or health of one's children, another parent of children, a spouse, including a non-parent of children, or against the life or health of another family member.
Masha Moskaleva, who lived with her father until a criminal case was brought against him, was handed over to her mother a few days ago. Earlier, this woman herself asked to place the girl in a shelter.
Law enforcement agencies became interested in the Moskalev family after sixth grader Masha drew an anti-war drawing at school in April 2022. The teacher denounced the child. Subsequently, Alexei Moskalev was accused of "discrediting" the army because of posts in Odnoklassniki.