How to return the children seized by the guardianship authorities

Jurisprudence

How to return the children seized by the guardianship authorities

Return the children, seized by the guardianship authorities, parents can exclusively in the courts. This procedure extends to cases of restriction and deprivation of parental rights for any reasons.

Current Family Legislationprovides for two main situations in which children can be removed from the family: deprivation of parental rights and restriction in the above rights. In any case, the decision is taken by the court, and the case is examined with the participation of the prosecutor, guardianship and trusteeship bodies. However, the legislation takes into account that the circumstances that caused the withdrawal of children from the family can change for the better, so parents are given the opportunity to rehabilitate and restore their rights with respect to children. Restoration is also carried out in court, for this purpose the interested parent submits an application.

How can I return children when my parental rights are denied?

If children were removed due to deprivation of parentalrights, the cause of this is improper behavior of parents, non-fulfillment of parental responsibilities, abuse of alcohol or drugs, cruel treatment of their own children. That is why to return the children the parent will need to prove in court that his behavior, attitude towards upbringing, lifestyle have changed for the better. It should be noted that six months after the deprivation of parental rights, a child can be adopted, after which the restoration of these rights will become completely impossible. In addition, when deciding on the issue of 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 / her own consent to return to the family is compulsory.

How to return children when limiting parental rights?

In some cases, the behavior of parents is alsois a danger to children, but there are no grounds for immediate deprivation of parental rights. In this case, the guardianship authorities may file an application with the court for the restriction of parental rights, which also entails the removal of children from the family. Usually such a situation occurs in the mental disorder of parents, the family getting into a difficult life situation. If the problems are not eliminated within six months, the guardianship authority may apply to the court for the deprivation of parental rights. If the danger to the children is eliminated, the parents can themselves ask for the cancellation of the restriction of their rights, which also entails a detailed trial with mandatory proof of the changing conditions for upbringing, improving the financial condition of the family.

What evidence should be collected for the trial?

In all cases described for the return of childrenparents will have to prove that their behavior, way of life, attitude towards the upbringing of children or material situation has changed significantly. As evidence of these circumstances, you can use: - documents on the placement of parents, the average amount of their earnings - documents on registration in a medical institution, treatment for certain diseases (alcoholism, drug addiction) - characteristics from the place of residence, place of work or place studies confirming the change in the behavior of the parents. After the presentation of the evidence in the court session, the chances of meeting the requirements of the parents and the return of children are significantly increased.