HOW TO AVOID PARENTAL RIGHTS
Often, such a measure is chosen by the courts very, very rarely. Usually, to do this leads to improper handling of the child, a threat to his life, the lack of proper upbringing and so on. Often, it is used during divorce proceedings, using as a lever the influence on one of the parties. The very procedure is regulated by the rules of the current Family Code (CK), which clearly spells out all its features and nuances. The same article is designed to help you understand how to behave when getting into a similar situation.
One of the articles of the already mentioned UK specifies the list of reasons, on the basis of which it is allowed to deprive the parental rights. It looks like this:
Refusal to fulfill legal obligations, whether it is payment of alimony, adoption of the child for upbringing and so on.
On the contrary, excessive performance of their parental responsibilities, which harms the physical and moral well-being of the child.
Ignoring the need to take the child out of the maternity hospital, without having any good reasons for this.
The presence of various chronic diseases, which are also drug addiction and alcoholism.
The attempted murder of a child or one of the family members. In addition, for this reason, there is also a deliberate injury to health by any possible means.
Proven facts of child abuse, physical and moral trauma.
This is the maximum list that can not be changed. This means that all other motivational reasons that are not included in it can not become a sufficient basis for depriving the child of rights. This information will be useful to all parties to possible litigation.
Actions in case of deprivation of parental rights
In order to guarantee their parental rights, it is necessary to collect an impressive evidence base that can help during participation in the trial. Experts recommend collecting such documents:
Able to confirm the proper performance of all duties directly related to the care of the child.
Confirming the absence of chronic diseases, addictions and so on.
Giving you a positive characteristic and positioning as a worthy member of society.
Of course, the right decision will be to attract several witnesses who could confirm all the words spoken during the trial. Also a good evidence base will be a variety of photos, videos and so on.
After receiving notice of the claim for deprivation of parental rights, you must leave your feedback to it, and then file a counterclaim. For reliability, make it together with your lawyer.
This process can not be called simple, because it includes many small nuances, the neglect of which can make it impossible to achieve the desired result. In particular, there are the following nuances:
The claim must necessarily be drawn up according to all the rules of the current legislation. Otherwise, you can lose the trial because of inaccuracies in wording, errors in design, and so on. Of course, such a development of events must be avoided. To do this, it is recommended to enlist the support of a professional lawyer.
The second difficulty is also solved by attracting a specialist. It consists in the correct submission of information. Even the most irrefutable evidence can not give a result, if they are wrong to dispose of.
In addition, it is worth highlighting oratory skills. Practice shows that the correct operation of the legal base and evidence, multiplied by literate speech, allows you to win such a court.