Right for the child. What rights and responsibilities do minors have? | Children and parents

Legal relations between children and parents

In addition to the love and tender affection of parents for their children, there are legal relations between them, regulated by a number of normative documents: the Constitution of the Russian Federation, the Family Code, the Convention on the Rights of the Child.

According to Russian law, parental rights and responsibilities have some features:

priority right over other persons to raise their children;
equality of rights between mother and father in relation to the child, regardless of whether the marriage is registered or not, paternity is voluntarily recognized or in court;
respecting the priority of the rights and interests of the child, taking into account his opinion when resolving issues related to obtaining an education;
time limit (until age 18).

Failure to fulfill parental responsibilities or neglect of them can result in serious liability, including criminal penalties and deprivation of parental rights.

Rights and responsibilities of parents and children

With the birth of children in the family, new legal relations arise - between parents and children.

The basis of the rights and obligations of parents and children is the child’s descent from these parents.

If the parents are married, then his origin is certified by a marriage record. The paternity of a person who is not married to the child’s mother is established, firstly, by submitting a joint application to the civil registry office by the father and mother of the child, and secondly, in court at the request of one of the parents. In this case, the court takes into account any evidence that reliably confirms the origin of the child from a specific person. But there may be circumstances when the court cannot establish and recognize paternity. In this case, the surname of the child's father is written according to the mother's surname, the first and patronymic of the child's father - according to her instructions. The same is done when the mother does not want paternity to be established in court.

The rights of the child are numerous and varied .

Every child has the right to live and be raised in a family, the right to know his parents, the right to their care, the right to live together with them, except in cases where this is contrary to his interests. A child has the right to be raised by his parents, to ensure his interests, comprehensive development, and respect for his human dignity. The child has the right to communicate with both parents, grandparents, brothers, sisters and other relatives. If the parents live separately, the child has the right to communicate with each of them.

The child has the right to protection of his rights and legitimate interests from abuse by his parents (persons in their stead). The child has the right to express his opinion when deciding any issue in the family that affects his interests, as well as to be heard during any judicial or administrative proceedings. Taking into account the opinion of a child who has reached the age of ten is mandatory, except in cases where this is contrary to his interests. The child has the right to a first name, patronymic and last name.

Parents have equal rights and bear equal responsibilities towards their children (parental rights). 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 are obliged to ensure that their children receive basic general education. Parental rights terminate when children reach the age of majority.

If parents maliciously evade fulfilling their responsibilities, the law provides for the possibility of depriving parental rights in court. Deprivation of parental rights is an extreme measure of punishment; it consists in the termination of all rights of parents in relation to the child. 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. Parents (one of them) can be restored to parental rights in cases where they have changed their behavior, lifestyle and attitude towards raising a child.

If leaving a child with the parents or one of them is dangerous for him (mental disorder or other chronic illness, difficult circumstances, etc.), the court may decide to take the child away without depriving them of parental rights. This is called restriction of parental rights.

Parents are required to support their minor children. If the parents do not provide maintenance, the funds (they are called alimony) are collected from them in court on a monthly basis in a certain amount. Parents are also required to support their disabled adult children who need help. Able-bodied adult children, in turn, are obliged to support and care for their disabled parents in need of help.

In the Russian Federation, children left without parents are surrounded by attention and care. They are subject to transfer for upbringing to a family (for adoption, guardianship, trusteeship or a foster family), and in the absence of such an opportunity - to institutions for orphans or children left without parental care. When placing a child, his national origin, belonging to a particular religion and culture, native language, and the possibility of ensuring continuity in upbringing and education must be taken into account.

Adopted children are equal in personal non-property and property rights and obligations to relatives by origin. The secrecy of the adoption of a child is protected by law. Guardianship is established over children under the age of fourteen. Guardianship is established over children aged fourteen to eighteen years. A foster family is formed on the basis of an agreement on the transfer of a child to be raised in a family.

Thus, parents have the right and obligation to raise their children, and children not only have the right to such upbringing, but are also obliged to conscientiously fulfill the demands of their parents.

Alimony as monetary compensation for care

According to Russian law, father and mother are equally responsible for the upbringing, education and maintenance of children. Providing food, clothing and shoes, toys and household items, education and leisure - all this is associated with material costs.

In a complete family, as a rule, both spouses participate in the formation of the family budget, and in the event of a divorce, the parent with whom he remains usually has to support the child.

In order to maintain equality between spouses and protect the interests of the child, the law requires the second spouse to pay alimony. Alimony payments can be expressed both in cash and in kind.

However, funds collected from parents for the benefit of children are only a special case of alimony payments. The family legislation of the Russian Federation also defines other categories of citizens who need financial support and in whose favor maintenance funds can be collected. In some cases, parents of adult children may also fall into this category.

Alimony relations: what the law says

Alimony relations arise on a legislative basis and concern only relatives: parents, children, spouses, brothers, sisters, grandparents and grandchildren. Chapter V of the Family Code of the Russian Federation is devoted to the alimony obligations of family members.

The essence of this rule of law comes down to protecting the rights of disabled and needy citizens, who are, for example, minors, adult disabled children or students, elderly parents, spouses who need additional support for a number of reasons: pregnancy, child care, disability, pension .

The Constitution of the Russian Federation also has a rule according to which adult able-bodied children must take care of their disabled parents. Thus, alimony is a constitutional obligation for some and a right for other family members.

Constitution of the Russian Federation on the responsibilities of the child

The Constitution of the Russian Federation imposes the following obligations on the child:

take into account the opinions of teachers, parents, and educators . An exception may be cases when violence, humiliation, or insult to children occurs;
get a secondary school education (this is stated in the Education Law, Article 44, paragraph 4: 9 years of education in our country are compulsory);
observe exemplary behavior in public places, educational institutions , from the age of 8, comply with the charter of the educational institution;
from the age of 14, the obligation to obtain an identification document (passport) is added;
Also, from this age, the right to work appears . At the same time, obligations are imposed to maintain labor discipline in the team, to cope with all the responsibilities that are assigned to it under an agreement, a contract or the rules of the law, the rules of youth public organizations;
from the age of 16, young men, according to the law on military service, must prepare for military service;
At the age of 17, young men are required to register for military service and master military registration specialties.

Alimony to parents: conditions for occurrence

The provisions of the Family Code, which address issues of maintenance and property support for family members, legitimize the rights of some and the responsibilities of others, but in themselves are not a sufficient basis for the implementation of legislative norms. For these rules to begin to be implemented, additional grounds will be required to confirm their legality. Only with a combination of objective factors can we talk about issuing alimony.

The law requires able-bodied adult children to support their disabled parents who need help.

Child support obligations towards parents may arise if special conditions are met:

family connection certified in the manner prescribed by law (Article 47 of the Family Code);
the coming of age of a son or daughter;
disability of parents, which is determined by age (60 years old - father, 55 years old - mother) or disability;
parents' needs - there are no exact criteria for determining need. They usually talk about the impossibility of ensuring a decent existence for themselves due to the lack of a pension, benefits or their low amount. The determination of need occurs in each specific case when it is considered in court.

If all these factors are present, the maintenance of parents is considered the responsibility of the child in the family according to the law of the Russian Federation. To make a decision on alimony, it does not matter whether the children have sufficient funds to pay it or not, but to determine the amount of alimony payments, this circumstance is taken into account.

Responsibilities of children towards parents

The relationship between parents and children is reciprocal. This means that the father and mother, who fulfilled their responsibilities for raising and maintaining children, have the right to count on the same attitude after their child reaches adulthood.

However, sometimes both of them forget about this: parents, due to deep affection and selfless love, and children, having acquired their own family, concentrate all their energies on it.

Of course, the main motives in the relationship between children and parents should be love, a sense of duty, and respect.

No law can oblige children to love their parents, to sincerely and selflessly take care of them, but the law has the right to oblige a child to help their parents financially.

Thus, the responsibilities of adult children to support their parents are expressed in material assistance: a monthly payment in a fixed amount. When calculating the amount of alimony, the court may take into account the financial situation of the child, physical assistance provided to the parents and other circumstances.

Household responsibilities of a child 7 years old and older

Younger schoolchildren can handle washing dishes by hand. Do not try to clean up everything after your child yourself, reacting normally to the manifestation of independence and encouraging him.

Older children (8-12 years old) can purchase a pet to develop a sense of responsibility. The daily duties of caring for a four-legged pet can be alternated. For example: you can wash your dog’s paws after a walk one by one, without emphasizing this point. Just naturally assess the situation. If your child is heavily loaded with homework at school or is in a hurry to get to class, you should not insist on completing the procedure. Just help him, and children's gratitude will not keep you waiting.

Gradual, and most importantly joint, training in housework should not be a burden for parents and children. As the child grows up, he must offer help to his parents. Otherwise, there is a high risk of raising an egoist and a slob.

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How to exercise the right to receive child support

The right of elderly parents to maintenance can be exercised in two ways: voluntary and compulsory. The choice of one method or another depends solely on the will of the parties, the relationship between them, the upbringing and values instilled in children.

If caring for disabled parents who need help is a common occurrence in the family, then the situation will be resolved successfully, and the parents can be proud of their children. If parents still have to declare their right to receive help, they can try to come to an agreement; in extreme cases, they will have to go to court.

Voluntary order

A voluntary order is established if there is an agreement between children and parents on the payment of alimony, formalized in the form of a written agreement certified by a notary.

A voluntary agreement has a number of advantages:

endowed with the legal force of a writ of execution. This means that if the conditions are not met, it will be possible to go to court for recovery;
allows the parties to independently determine the amount of alimony;
does not require significant registration costs;
allows you to maintain good family relationships and avoid litigation.

Judicial order

If the relatives cannot reach an agreement, alimony is collected by force through the court. To do this, you need to write a statement of claim in triplicate and submit it to the magistrate. This must be done at the place of registration of the parents, or at the place of registration of the son or daughter.

The claim can be filed in person through the court office or sent by mail. The second copy will be sent to the defendant, and the third will remain with the plaintiff.

Important: the plaintiff may be exempt from paying the standard state fee (150 rubles) if the court fully or partially satisfies the claim. In this case, payment of the state duty will be borne by the defendant.

Required documents

In order for the claim to be considered, the following documents must be attached to it:

copy of passport;
the child’s birth certificate or other document confirming the relationship with the parents;
documents proving the parent’s incapacity to work: a copy of the work record book, pension certificate, certificate of pension payments or receipt of disability benefits.

The number of copies of attached documents must correspond to the number of copies of statements of claim.

How can you teach your child to help around the house?

A child's responsibilities around the house should not be perceived as torture. In order for the training process to go smoothly, it is important to take into account various factors.

The memo for parents looks like this:

Gradualism. You can’t immediately burden your baby with a ton of tasks. Labor responsibilities should be given in doses with gradual complication and expansion.
Teach from early childhood. After one year, the child is capable of minimal self-care skills and performing simple tasks.
Watch your words, don’t complain about everyday work. A positive example is more powerful than intrusive notation. It is important that the child sees how adults and older children work at home.
Turn housework into a game. Until 7-8 years of age, play is the main type of cognitive activity. If the child does not want to do something, you can put the task in an interesting form.
Take into account the individual characteristics of the child. Even at an early age, children’s preferences in activities are noticeable. Some people like to put everything in its place, others like to take care of flowers and animals.
There is no need to give money for work done. There is no consensus here between specialists and parents. However, the experience of many mothers shows that the tactic of paying children leads to market relationships, but not to close and trusting ones. The reward can be in the form of a trip to the park, cinema, or circus.
Don't force, but interest. Coercion always causes protest. It is better to attract people to work through calm requests, telling the child that his work is important for the whole family.
Don't use housework as punishment. Such tactics will only discourage you from working. The baby will have an association that work equals punishment.
Don't redo it afterwards, or at least do it unnoticed. Of course, at first the baby’s work will be unsightly, this must be endured patiently. It is impossible to do everything perfectly at once.
Don't criticize. Rude and offensive remarks will cause aversion to homework. It is better to calmly explain where and what the mistake was made, and how to correct it.
Conduct conversations about the importance of work. This work is carried out by educators and educators, and it is also important for parents to get involved.
Do not distribute responsibilities based on gender. Today it is important for boys and girls to be able to do any housework. Recently, gender education has been criticized and considered dangerous for personal development.
Do the work as a family. Teamwork perfectly motivates and inspires, teaches teamwork.
Praise. Even if the task was performed poorly, approval must be expressed. Positive assessment from parents is very important in the educational process.

All children are different and the process of getting used to work cannot be the same. You need to try different approaches, consult with teachers and more experienced parents.

Cancellation of alimony payments: grounds

The statement of claim is considered by the court in the presence of both parties within one month. The judge carefully examines the circumstances of the case:

financial situation of children;
family circumstances and relationship characteristics;
the needs of parents, their level of income;
parents' right to receive child support.

The last point is extremely important, since failure to comply with it may become the basis for releasing children from child support payments.

The court may not satisfy the claim if the parents were deprived of parental rights or evaded fulfilling their responsibilities.

These facts require testimony or documentary evidence: bailiff orders, writs of execution, certificates of arrears in alimony payments.

From a moral point of view, resolving issues of mutual assistance and care in court looks absurd. However, with age, parents move into the category of unprotected citizens, and if for some reason the relationship with their children is far from ideal, going to court is the only legal way to protect oneself.