Interpersonal conflict between a child and a parent as a ground for restricting parental rights

Context and relevance. The Family Code of the Russian Federation establishes parents have the preferential right to the upbringing and education of their children; parental rights may not be exercised in conflict with the child’s interests and lead to harm the physical and mental health of children, their moral development. Through a comparative analysis of legal norms, the author of the article concludes there are two grounds for restricting a citizen’s parental rights: the danger of leaving a child with a parent due to circumstances independent of his / her behavior and due to circumstances depending on him/her. Objective. The main purpose of the article is to formulate special provisions for processing civil cases on restricting citizen’s parental rights on such grounds as the danger of leaving a child with a parent due to an interpersonal conflict between them. Methods and materials. In the study, the author used general and special scientific methods: analytical, inductive, comparative legal, formal legal methods, methods of description, comparison and study of cases. Results and conclusions. Based on own professional activity as a judge, the author found the ground for restricting of parental rights was the danger of leaving the child with the parent due to the child’s long-term negative attitude towards the parent (interpersonal conflict between the child and the parent) and the parent’s innocent behavior in the form of improper performance of his / her duties towards the child. The author draws attention to the legally significant facts that must be verified by the court when resolving disputes of this type. Also the author suggests ways to improve the legislation in this area.

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