Evasion of payment of debt on a loan is a violation of the law and, depending on the size of the debt, is punishable by a fine or a prison term. At the same time, an attempt to hide from law enforcement agencies and abandon their own family can become an aggravating factor.
When is deprivation of parental rights applied?
The presence of a debt on a loan from a citizen is not initially a reason for depriving him of parental rights, but may fall under Article 69 of the Family Code of the Russian Federation. In accordance with it, the following grounds are distinguished for depriving both parents or one of them of their respective rights:
- evasion of parental responsibilities, including malicious evasion of alimony payments;
- refusal to accept your child after his birth without good reason;
- abuse of parental rights;
- abuse of children, including the use of physical or mental violence against them;
- an attempt on the sexual integrity of children;
- chronic alcoholism or drug addiction;
- the commission of a deliberate crime against the health or life of children, as well as another parent or other family member.
Thus, if one of the parents is hiding from creditors, but at the same time continues to regularly pay alimony for the maintenance of a minor child, he cannot be deprived of parental rights without aggravating circumstances. It is important to carefully study the law and relate it to the behavior of the negligent parent. Perhaps he has violations in the payment of alimony, or there are documented facts of family harsh treatment. If you have the relevant data, you can start preparing the trial.
Litigation for deprivation of parental rights
First, the applicant needs to contact the local guardianship and guardianship authority. Employees of the organization will provide consulting services, check some facts and help draw up the necessary documents, taking into account the specific situation. For further appeal to the court, you will need:
- a notarized copy of the child's birth certificate;
- a copy of the divorce certificate (if the spouses divorced earlier);
- certificate-characteristics of parents from the guardianship authority;
- certificate of payment (or non-payment) of alimony.
To draw up a certificate-characteristics, representatives of the guardianship authority visit the place of residence of the children with the guardian parent, find out the place of work and the financial situation of the latter. In the event of the loss of the second parent without a trace, the fact of the payment of alimony by him is checked. If payments have not been made for more than 6 months, the guardianship authority draws up a direct order to deprive the person of parental rights and sends it to the court. The applicant in the case must also apply to the magistrate or district court at his place of residence.
Make a statement of claim, indicating in it all the reasons why the court should deprive one of the spouses (former spouses) of parental rights. Evasion of raising children and hiding without a trace due to the presence of debt on loans can be taken into account by the court to make a final decision, therefore, this fact must also be reported in the application. Together with a copy of the passport and a package of documents collected with the help of the guardianship authority, attach to the claim a receipt for payment of the state duty in the amount of 300 rubles and, if possible, a certificate of the negligent parent's conviction (open administrative or criminal case), which can be requested at the police station.
The rules for considering claims for deprivation of parental rights are governed by Article 154 of the Code of Civil Procedure of the Russian Federation. The term for consideration of the case is up to two months in the district court and up to one month in the peace court. After this period, the date of the trial is set. Taking into account the disappearance of the defendant without a trace, the decision can be made unilaterally. If the court has any comments on the case, a hearing is organized at which the plaintiff must answer all questions and try to confirm what was said.
At the trial, you can use testimony by inviting representatives of the guardianship authority, police, bank, as well as close relatives to the meeting, if they can verbally or documentarily confirm a malicious violation by one of the parents of the provisions of Article 69 of the Family Code of the Russian Federation. If there are enough facts in the case, the court will decide to deprive the citizen of parental rights, obliging the guardianship authority to make the second parent (or other relative) the only guardian of the child.
