The main responsibilities of parents towards their child

Article 61. Equality of rights and responsibilities of parents

1. Parents have equal rights and bear equal responsibilities in relation to their children (parental rights).2. Parental rights provided for in this chapter are terminated when children reach the age of eighteen years (the age of majority), as well as when minor children marry and in other cases established by law when children acquire full legal capacity until they reach adulthood.

Article 62. Rights of minor parents

1. Minor parents have the right to live together with the child and participate in his upbringing.2. Unmarried minor parents, in the event of the birth of a child and when their maternity and (or) paternity are established, have the right to independently exercise parental rights upon reaching the age of sixteen. Until the minor parents reach the age of sixteen, the child may be appointed a guardian who will raise him or her together with the child’s minor parents. Disagreements arising between the child's guardian and minor parents are resolved by the guardianship and trusteeship authority.3. Minor parents have the right to recognize and challenge their paternity and maternity on a general basis, and also have the right to demand, upon reaching the age of fourteen, the establishment of paternity in relation to their children in judicial procedure.

Article 63. Rights and obligations of parents regarding the upbringing and education of children

1. Parents have the right and obligation to raise their children. Parents are responsible for the upbringing and development of their children. They are obliged to take care of the health, physical, mental, spiritual and moral development of their children. Parents have a priority right to raise their children over all other persons.2. Parents are obliged to ensure that their children receive basic general education and create conditions for them to receive secondary general education. Parents, taking into account the opinions of their children, have the right to choose an educational institution and the form of education for their children.

Article 64. Rights and obligations of parents to protect the rights and interests of children

1. The protection of the rights and interests of children rests with their parents. Parents are the legal representatives of their children and act in defense of their rights and interests in relations with any physical and legal entities, including in courts, without special powers.2. Parents do not have the right to represent the interests of their children if the guardianship and trusteeship authority determines that there are contradictions between the interests of parents and children. In case of disagreements between parents and children, the guardianship and trusteeship authority is obliged to appoint a representative to protect the rights and interests of the children.

Article 65. Implementation parental rights

1. Parental rights cannot be exercised in conflict with the interests of children. Ensuring the interests of children should be the main concern of their parents. When exercising parental rights, parents do not have the right to cause harm to the physical and mental health of children, or their moral development. Methods of raising children must exclude neglectful, cruel, rude, degrading treatment, insult or exploitation of children. Parents who exercise parental rights to the detriment of the rights and interests of children are liable in the manner prescribed by law.2. All issues related to the upbringing and education of children are resolved by parents by mutual consent, based on the interests of the children and taking into account the opinions of the children. Parents (one of them), if there are disagreements between them, have the right to apply for resolution of these disagreements to the guardianship and trusteeship authority or to the court.3. The place of residence of children in the event of separation of parents is established by agreement of the parents. In the absence of an agreement, the dispute between the parents is resolved by the court based on the interests of the children and taking into account the opinions of the children. In this case, the court takes into account the child’s attachment to each of the parents, brothers and sisters, the child’s age, moral and other personal qualities of the parents, the relationship existing between each parent and the child, the possibility of creating conditions for the child’s upbringing and development (occupation, work schedule of the parents , material and marital status parents and more).

Article 66. Exercise of parental rights by a parent living separately from the child

1. A parent living separately from a child has the right to communicate with the child, participate in his upbringing and resolve issues regarding the child’s education. The parent with whom the child lives should not interfere with the child’s communication with the other parent, if such communication does not cause physical harm and the mental health of the child, his moral development.2. Parents have the right to enter into a written agreement on the procedure for the exercise of parental rights by a parent living separately from the child. If the parents cannot reach an agreement, the dispute is resolved by the court with the participation of the guardianship and trusteeship authority at the request of the parents (one of them).3. If the court decision is not complied with, measures provided for by civil procedural legislation are applied to the guilty parent. In case of malicious failure to comply with a court decision, the court, at the request of a parent living separately from the child, may make a decision to transfer the child to him based on the interests of the child and taking into account the opinion of the child.4. A parent living separately from the child has the right to receive information about his child from educational institutions, medical institutions, social welfare institutions and similar organizations. The provision of information may be refused only if there is a threat to the life and health of the child on the part of the parent. Refusal to provide information may be challenged in court.

Article 67. The right to communicate with the child's grandfather, grandmother, brothers, sisters and other relatives

1. Grandfather, grandmother, brothers, sisters and other relatives have the right to communicate with the child.2. If the parents (one of them) refuse to provide the child’s close relatives with the opportunity to communicate with him, the guardianship and trusteeship authority may oblige the parents (one of them) not to interfere with this communication.3. If the parents (one of them) do not obey the decision of the guardianship and trusteeship authority, close relatives of the child or the guardianship and trusteeship authority have the right to file a lawsuit to remove obstacles to communication with the child. The court resolves the dispute based on the interests of the child and taking into account the child’s opinion. In case of failure to comply with the court decision, measures provided for by civil procedural legislation are applied to the guilty parent.

Article 68. Protection of parental rights

1. Parents have the right to demand the return of the child from any person who is not keeping him on the basis of the law or on the basis of a court decision. In the event of a dispute, parents have the right to apply to the court to protect their rights. When considering these claims, the court has the right, taking into account the child’s opinion, to refuse to satisfy the parents’ claim if it comes to the conclusion that transferring the child to the parents is not in the interests of the child.2. If the court determines that neither the parents nor the person who has the child is able to ensure his proper upbringing and development, the court transfers the child to the care of the guardianship and trusteeship authority.

Article 69. Deprivation of parental rights

Parents (one of them) may be deprived of parental rights if they: evade the duties of parents, including malicious evasion of child support; refuse without good reason to take their child from a maternity hospital (ward) or from another medical institution, educational institution, social welfare institution or similar organizations; abuse their parental rights; abuse children, including carrying out physical or mental violence against them, encroaching on their sexual integrity; are sick with chronic alcoholism or drug addiction; have committed an intentional crime against life or health of their children or against the life or health of their spouse.

Article 70. Procedure for deprivation of parental rights

1. Deprivation of parental rights is carried out in court. Cases of deprivation of parental rights are considered upon the application of one of the parents or persons replacing them, an application from the prosecutor, as well as upon applications from bodies or organizations charged with protecting the rights of minor children (guardianship authorities and guardianship, commissions for minors, organizations for orphans and children without parental care, and others).2. Cases of deprivation of parental rights are considered with the participation of the prosecutor and the guardianship and trusteeship authority.3. When considering a case of deprivation of parental rights, the court decides the issue of collecting child support from the parents (one of them) deprived of parental rights.4. If the court, when considering a case on deprivation of parental rights, finds signs of a criminal offense in the actions of the parents (one of them), it is obliged to notify the prosecutor about this.5. The court is obliged, within three days from the date of entry into legal force of the court decision on deprivation of parental rights, to send an extract from this court decision to the civil registry office at the place of state registration of the child’s birth.

Article 71. Consequences of deprivation of parental rights

1. Parents deprived of parental rights lose all rights based on the fact of relationship with the child in respect of whom they were deprived of parental rights, including the right to receive maintenance from him (Article 87 of this Code), as well as the right to benefits and state benefits established for citizens with children.2. Deprivation of parental rights does not relieve parents from the obligation to support their child.3. The issue of further cohabitation of the child and parents (one of them), deprived of parental rights, is decided by the court in the manner established by housing legislation.4. A child in respect of whom the parents (one of them) are deprived of parental rights retains the right of ownership of residential premises or the right to use residential premises, and also retains property rights based on the fact of kinship with parents and other relatives, including the right to inheritance .5. If it is impossible to transfer the child to another parent or in the event of deprivation of parental rights of both parents, the child is transferred to the care of the guardianship and trusteeship authority.6. Adoption of a child in the event of deprivation of parents (one of them) of parental rights is permitted no earlier than the expiration of six months from the date of the court decision on deprivation of parents (one of them) of parental rights.

Article 72. Restoration of parental rights

1. Parents (one of them) can be restored to parental rights in cases where they have changed their behavior, lifestyle and (or) attitude towards raising a child.2. Restoration of parental rights is carried out in court at the request of a parent deprived of parental rights. Cases on restoration of parental rights are considered with the participation of the guardianship and trusteeship authority, as well as the prosecutor.3. Simultaneously with the application of the parents (one of them) for restoration of parental rights, a request for the return of the child to the parents (one of them) may be considered.4. The court has the right, taking into account the opinion of the child, to refuse to satisfy the claim of the parents (one of them) for restoration of parental rights if restoration of parental rights is contrary to the interests of the child. Restoration of parental rights in relation to a child who has reached the age of ten years is possible only with his consent. Restoration of parental rights is not allowed if the child is adopted and the adoption has not been canceled (Article 140 of this Code).

Article 73. Restriction of parental rights

1. The court may, taking into account the interests of the child, decide to take the child away from the parents (one of them) without depriving them of parental rights (limiting parental rights).2. Restriction of parental rights is allowed if leaving a child with parents (one of them) is dangerous for the child due to circumstances beyond the control of the parents (one of them). Restriction of parental rights is also allowed in cases where leaving a child with parents (one of them) due to their behavior is dangerous for the child, but sufficient grounds have not been established for depriving the parents (one of them) of parental rights. If the parents (one of them) do not change their behavior, the guardianship and trusteeship authority, six months after the court makes a decision to limit parental rights, is obliged to file a claim for deprivation of parental rights. In the interests of the child, the guardianship and trusteeship authority has the right to file a claim to deprive the parents (one of them) of parental rights before the expiration of this period.3. A claim for restriction of parental rights may be brought by close relatives of the child, bodies and organizations charged by law with the responsibility for protecting the rights of minor children, preschool educational institutions, general educational institutions and other institutions, as well as the prosecutor.4. Cases on restriction of parental rights are considered with the participation of the prosecutor and the guardianship and trusteeship authority.5. When considering a case on restriction of parental rights, the court decides the issue of collecting child support from the parents (one of them).6. The court is obliged, within three days from the date of entry into legal force of the court decision to limit parental rights, to send an extract from such a court decision to the civil registry office at the place of state registration of the child’s birth.

Article 74. Consequences of restriction of parental rights

1. Parents whose parental rights are limited by the court lose the right to personal education of the child, as well as the right to benefits and state benefits established for citizens with children.2. Limitation of parental rights does not relieve parents from the obligation to support the child.3. A child in respect of whom the parents (one of them) have limited parental rights retains the right of ownership of residential premises or the right to use residential premises, and also retains property rights based on the fact of kinship with parents and other relatives, including the right to receive inheritance.4. If the parental rights of both parents are limited, the child is transferred to the care of the guardianship and trusteeship authority.

Article 75. Contacts of a child with parents whose parental rights are limited by the court

Parents whose parental rights are limited by the court may be allowed contact with the child as long as it does not have a harmful effect on the child. Contact between parents and a child is permitted with the consent of the guardianship and trusteeship authority or with the consent of the guardian, the child’s adoptive parents or the administration of the organization in which the child is located.

Article 76. Cancellation of restrictions on parental rights

1. If the grounds on which the parents (one of them) were limited in parental rights have disappeared, the court, at the request of the parents (one of them), may make a decision to return the child to the parents (one of them) and to cancel the restrictions provided for in Article 74 of this Code.2. The court, taking into account the child’s opinion, has the right to refuse to satisfy the claim if the return of the child to the parents (one of them) is contrary to his interests.

Article 77. Removal of a child in the event of an immediate threat to the child’s life or health

1. If there is an immediate threat to the life of a child or his health, the guardianship and trusteeship body has the right to immediately take the child away from the parents (one of them) or from other persons in whose care he is. The immediate removal of the child is carried out by the guardianship and trusteeship body on the basis of the relevant act of the executive body power of the subject Russian Federation.2. When a child is taken away, the guardianship and trusteeship body is obliged to immediately notify the prosecutor, provide temporary placement for the child, and within seven days after the executive body of the constituent entity of the Russian Federation issues an act on the removal of the child, file a lawsuit to deprive the parents of parental rights or to limit their parental rights.

Article 78. Participation of the guardianship and trusteeship body in the consideration by the court of disputes related to the upbringing of children

1. When the court considers disputes related to the upbringing of children, regardless of who filed the claim in defense of the child, the guardianship and trusteeship authority must be involved in the case.2. The guardianship and trusteeship body is obliged to conduct an examination of the living conditions of the child and the person(s) applying for his upbringing, and present to the court an examination report and a conclusion based on it on the merits of the dispute.

Article 79. Execution of court decisions in cases related to the upbringing of children

1. Execution of court decisions in cases related to the upbringing of children is carried out by a bailiff in the manner established by civil procedural legislation. If a parent (another person in whose care the child is) prevents the execution of a court decision, measures provided for by civil procedural legislation are applied to him .2. Enforcement of decisions related to the removal of a child and transfer of him to another person (persons) must be carried out with the mandatory participation of the guardianship and trusteeship authority and the participation of the person (persons) to whom the child is transferred, and, if necessary, with the participation of a representative of the internal affairs bodies. If not possible execution of a court decision to transfer a child without prejudice to his interests, the child may, by court decision, be temporarily placed in an organization for orphans and children left without parental care (Article 155.1 of this Code).

Petr Fedorishin

A friend of mine is threatened with deprivation of parental rights only on the grounds that the child completed 9th grade and did not go to 10th. Is this grounds for deprivation of parental rights if the girl is already getting a profession in September? Time to call back: right now

Natalia Sokolova

Hello, can my 16 summer girl go to live with a 33-year-old man in another city. Parents are against it.

Question answered over the phone

Lyubov Tarasova

What time should a young child go to bed according to the law of guardianship and trusteeship?

Question answered over the phone

Nikita Samokrutov

Will the parents of a 16-year-old teenager be punished if he gets a job as an official after 9th grade? work without continuing studies?. I heard that in such cases the district police officer and guardianship are interested in the family in order to force them to study at least in evening school and, as it were, legally, without taking into account the desire of the teenager. the family is prosperous.

Lawyer's answer:

Gennady Lenko

Believers, should such parents be deprived of parental rights or is it their business and they are free in their choice? This decision
- Interesting thing. Their child was registered by the registry office - and for some reason I will deprive them of their rights? Who am I, exactly? In general, the priest will be surprised when they bring you to baptize))) What harm is there in this for the child? Russia is full of people with...

Maxim Pavlychev

A 16-year-old minor was detained for appearing in a state of mild intoxication. Article 20.20-20.22 of the Code of Administrative Offenses are not applicable to.... Article 20.20-20.22 of the Code of Administrative Offenses are not applicable to this case. Can the mother of this minor be brought to administrative responsibility under Article 5.35 (failure to fulfill educational responsibilities). If YES, then what SPECIFICALLY expresses the objective side of the offense (preferably indicating the act).

Lawyer's answer:
The object of the offense under Art. 5.35 Code of Administrative Offenses of the Russian Federation are family relationships. These relations are regulated by family law and primarily by the Family Code of the Russian Federation. Article 63 of the RF IC establishes the right and responsibility of parents to raise and develop their children. They are obliged to take care of the health, physical, mental, spiritual and moral development of their children. Norms aimed at protecting the rights of the child in the field of upbringing and education are also enshrined in Federal Law No. 124-FZ of July 24, 1998 “On the basic guarantees of the rights of the child in the Russian Federation” (as amended on December 21, 2004). The objective side of this offense constitutes a failure to fulfill or improper fulfillment of the specified duties for the maintenance, upbringing, training, protection of the rights and interests of the child. The Family Code contains only a general, framework rule on the responsibilities for raising a child. Therefore, the concept of proper or, on the contrary, improper fulfillment of responsibilities for raising a child is evaluative and depends on specific circumstances. It should be borne in mind that failure to fulfill or improper fulfillment of responsibilities for raising a minor, if this act is combined with cruel treatment of a minor, forms the objective side of a criminal offense. crime under Art. 156 of the Criminal Code of the Russian Federation. The subject of this offense are the legal representatives of the minor. They may be parents, adoptive parents, guardians or trustees, adoptive parents. Responsibilities for the maintenance and upbringing of minors are also assigned to the heads of educational and medical institutions, social protection institutions and other similar institutions in which there are children left without parental care. From the subjective side, this offense can be committed either intentionally or through negligence.

Parental rights are a set of relationships within both the current and civil marriage(or in case of divorce) related to the provision and upbringing of children. The Family Code, in particular, establishes equal distribution of parental rights and corresponding responsibilities between parents. In practice, this is expressed in equal access to communication with the child, joint equal education based on life experience both parents and joint maintenance of the child, depending on the availability of funds.

Stop rights and responsibilities of parents and children possible when the child receives full legal capacity, whether upon reaching the age of eighteen or in connection with early acquisition of legal capacity on the grounds established in family law (marriage, self-employment). Significant impact on this process, called emancipation, is provided by guardianship authorities.

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In addition to the above-mentioned article, the basic points of parental rights are regulated by the whole.

Rights of minor parents

The rights of parents under 18 years of age related to the implementation of education and upbringing of children, cannot be infringed.

Even if the parents are not married, the subject of family law assumes that upon reaching the age of 16 they can themselves take full care of the child. In special cases, when parents are under 16 years of age, guardianship authorities appoint a guardian for the children, usually from among the closest relatives. The choice of a guardian can be approved or rejected by the parents, as well as limited to the proposed list. The final word in all disputes related to both the appointment of a guardian and any disagreements that arise between parents and guardianship is resolved by guardianship and trusteeship specialists.

All rules on paternity (maternity) procedures available to adults are also relevant for minors, in particular, applying to the court to protect the rights of minor parents on a general basis (that is, from the age of 14).

Raising and education of children

Since caring for the education and upbringing of children is the responsibility of parents, they are given a priority right to exercise these powers (the responsibility implies the possibility of consequences for failure to comply). The task of government bodies is to provide comprehensive support to parents in the process of upbringing, but with a reservation about the right last word for the father and mother of the child.

Full public responsibility, including for administrative and, in part, criminal offenses of children lies with the parents. Within the family, parents are responsible for health, life and moral character your child.

The state has entrusted parents with the obligation to facilitate their child’s education in general education institutions, jointly deciding all issues about the form of education, as well as the choice of schools, kindergartens, and so on.

Protecting the rights and interests of children

Exercise of parental rights

The law establishes the responsibility of parents for infringement of the rights of children, as well as for abuse of parental rights. The rights of the child are recognized as paramount: the interests of the parents should not contradict the interests of the child. Government bodies may hold parents accountable for any form of cruelty, rudeness and irresponsibility towards children.

The main source of choice for the direction of education is the parents themselves. If there is no agreement between the parents, they can resort to the arbitration procedure of the guardianship authorities, although the law requires agreement with the child.

A similar procedure is applied when the child’s place of residence is uncertain in the event of divorce or initial separation of the father and mother. In case of irresolvable contradictions, the issue of residence is resolved in court, and the child is given the right to notify the court of his own wishes. Those who are obliged to check the living conditions of a possible place of residence are invited to participate in such processes.

If the court makes a decision in favor of one of the parents, rights and responsibilities of parents cannot be affected in relation to the second:

There is a mode of communication between parents with the child that does not interfere with study and recreation;
everyone has equal rights to communicate, including in public places (schools, hospitals);
Holding a child, prohibiting or manipulating the psyche is not allowed. Such actions (this mainly concerns mothers) are punishable by law, rights are enforced by bailiffs;
Communication is also allowed in relation to all relatives of the second spouse.

Protection of parental rights

The state guarantees parents protection from attacks by third parties. In case of illegal detention of a child without an appropriate court decision, internal affairs bodies together with the courts may initiate compulsory measures to remove the child. If during such a procedure it turns out that the retention occurred at the will of the child, for example due to abuse by parents, the guardianship authorities do not have the right to return the child.

The further fate of the children is decided in court, and during the trial the children are in a boarding school or with substitute guardians. The court may not take sides at all, leaving the children in the care of the state.

Deprivation of parental rights

Rights and responsibilities of parents and children are canceled under a number of conditions:

Failure to fulfill obligations due to parental status.
The actual abandonment of the child - they do not take him away from the maternity ward or other organizations.
Show cruelty, violence, offensive actions and humiliation of the individual.
They exploit child labor outside of everyday life.
Parents abuse alcohol or are drug addicts;
Attempt on the life and health of a child.

All rights granted above become null and void. does not relieve them of their responsibilities, including the need to financially support their children. The RF IC is dedicated to this procedure.

In special cases, the law allows. To carry out such a procedure, it is necessary to prove in court the absence of circumstances that caused the deprivation of parental rights.

Restriction of parental rights

the parent poses a threat, but cannot be considered the culprit of its occurrence (with the appropriate characteristics of the actions);
the parent is incompetent (disabled with a dangerous disease), including the possibility of a dangerous situation.

In such a situation, parents can see the child and communicate, but cannot act as a teacher. Constantly being with such a person without care (supervision) is not allowed. Even if such restrictions have objectively disappeared (for example, according to a certificate from a medical institution), only a court can fully restore a person’s rights.