The right of a child to express an opinion in disputes concerning the restriction and deprivation of parental rights of his parents, cancellation of restriction and restoration of parental rights: problems of implementation
Year: 2025
Type: article
Abstract: Context and relevance. An important aspect of the modern familysaving model for regulating family relations should be the finding of a balance between the realization of the child's right to express his or her opinion on all matters affecting them, including procedural opportunity in administrative and judicial processes (Article 12 of the UN Convention on the Rights of the Child), on the one hand, and the family situation, including the voice of adult family members, on the other hand. Objective. The work is aimed at identifying the peculiarities of the child's expression of opinion in disputes about his upbringing, concerning the restriction and deprivation of parental rights of his parents, as well as the abolition of restrictions and restoration of parental rights. Hypothesis. The expression of a child's opinion is important in situations involving the realization, loss and protection of their birth parents' rights. Identifying the views of the child of different ages and degrees of maturity requires a professional and independent approach, special techniques and procedures that take into account the mutual nature of children's and parents' rights and the possibility of preserving or restoring the child-parent relationship. Methods and materials. The analysis of legislation in regulating the institute of restriction and deprivation of parental rights, cancellation of restrictions and restoration of parental rights has shown that the norms of the Family Code of the Russian Federation and the Code of Civil Procedure of the Russian Federation are not coordinated with each other in terms of material and legal value and procedural realization of the child's opinion (consent) in significant disputes concerning his upbringing. Law enforcement practice deals with this problem in different ways, but the explanations of the Supreme Court of the Russian Federation and summaries of practice are insufficient to fully ensure the fulfillment of the child's conventional right to express his or her opinion in cases of parental custody loss. Results. The results of the study showed that there is a significant gap in the issue of identifying the child's opinion in the process of restricting and depriving the children's relatives of parental rights, as well as in the parents' defense of their own rights, including the cancellation of the restriction and restoration of parental rights and the return of the child to the family. Conclusions. It is shown that the identification of the child's opinion in disputes about his upbringing has both material and procedural significance and specificity, and requires the development of a methodology for working with child-parent relations and an independent expert approach. It is proposed to develop special procedures for identifying and taking into account the child's opinion in order to develop formats for preserving and restoring child-parent relations.
Source: Social Sciences and Childhood
Author: A.E. Tarasova
Language: English
Topic: Family and Matrimonial Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4410121701