The issue of parental rights

Chairman of the Supreme Council of the Pridnestrovian Moldavian Republic Alexander Korshunov held a reception for citizens on personal issues. A resident of the village of Giska addressed the speaker with a request to clarify the norms of the Code on Marriage and Family of the Pridnestrovian Moldavian Republic concerning the deprivation and restriction of parental rights.

The Speaker of the Parliament Alexander Korshunov answered the questions of the applicant and gave explanations of the norms of the current legislation.

According to article 68 of the Code, a person can be deprived of parental rights if he evades parental duties, including alimony, refuses to take his child from a maternity hospital or a health care institution, educational organization, social protection without valid reasons. The factors of deprivation are abuse of parental rights, abuse of children, including the use of physical or mental violence against them or an attempt on their sexual integrity, also if the parent is ill with chronic alcoholism or drug addiction or has committed a deliberate crime against the life and health of their children or spouse.

The Chairman of the Supreme Council explained in the course of the meeting that if a claim for deprivation of parental rights was received, the court considers the grounds for deprivation of parental rights established by Article 68 of the Code in a complex. The fact is that a parent does not pay alimony cannot be an argument for the deprivation of parental rights.

As for the restriction of parental rights, article 72 of the Marriage and Family Code states that the court may not deprive the rights, but limit them taking into account the interests of the child. The restriction is allowed if the parent has a mental disorder or other chronic illness, and it is dangerous to leave the child with him. The possibility of restriction is prescribed if the parent's behavior poses a danger to the child, but sufficient grounds for deprivation of parental rights have not been established. If such a parent does not change his behavior, then the guardianship authority after 6 months after the court's decision on the restriction of parental rights is obliged to file a claim for deprivation of parental rights. The guardianship authority has the right to file a claim for deprivation of parental rights before the expiration of this period in the interests of the child. In addition, article 72 provides that a claim for restriction of parental rights may be filed by the child's close relatives, guardianship authorities or organizations of preschool and general education, as well as by the prosecutor.