Based on the norms of the Family Code of the DPR, the court may make a decision removal the child from the parents (one of them) without depriving them of parental rights (restriction of parental rights), while taking into account the interests of the child.
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 (mental disorder or other chronic illness, a combination of difficult circumstances, and others).
Restriction of parental rights is also allowed in cases where leaving a child with parents (one of them) is dangerous for the child because of their behaviour, but there are no sufficient grounds for depriving the parents (one of them) of parental rights.
If the parents do not change their behaviour, the tutorship and guardianship agency, six months after the court has issued a decision to restrict parental rights, is obliged to file a claim for deprivation of parental rights. In the interests of the child, the tutorship and guardianship agency has the right to file a claim for the deprivation of parents (one of them) of parental rights before the expiration of such a period.
An appropriate claim for restriction of parental rights may be filed by close relatives of the child, bodies and organizations like preschool educational organizations, general education and other organizations, as well as the prosecutor that are entrusted by law to protect the rights of minor children.
It should be noted that by virtue of Article 77 of the Family Code of the DPR, when there is a direct threat to the life or health of the child, the tutorship and guardianship agency has the right to immediately remove the child from the parents (one of them) or from other persons in whose care he/she is. The immediate removal of the child is carried out by the tutorship and guardianship agency on the basis of the relevant act of the tutorship and guardianship agency. When a child is removed, the tutorship and guardianship agency is obliged to immediately notify the prosecutor, provide temporary accommodation for the child, and within seven days after the tutorship and guardianship agency issues an act on the removal of the child, apply to the court with a claim to deprive the parents of parental rights or to restrict their parental rights.
It should also be pointed out that parents whose parental rights are limited by the court lose the right to personally taking care of the child, as well as the right to benefits and state allowances established for citizens with children. Restriction of parental rights does not release the parents from the obligation to maintain the child.
Contacts of a parent with a child are allowed, if this does not have a harmful effect on the child, with the consent of the tutorship and guardianship agency or with the consent of another parent who is not deprived of parental rights or is not limited in parental rights, guardian (trustee), foster parents of the child or the administration of the organization, in which the child is.
If the grounds due to which the parents (one of them) were limited in parental rights have disappeared, the court, in accordance with Article 76 of the Family Code of the DPR, at the request of the parents (one of them) may make a decision to return the child to the parents (one of them) and on the abolition of the relevant restrictions. Also, the court, taking into account the opinion of the child, 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/her interests.
