Personal rights and duties of parents and children
Rights and duties of parents and children can be similar to the rights and responsibilities of spouses be divided into two groups: personal and property, and in the latter they are divided into: (a) the rights and obligations regarding the property and b) the alimony rights and obligations.
New RF IC radically improves legal regulation of personal relationships between parents and children, strengthens guarantees the correct and humane education of the child, setting forth his right to defense and to Express their opinions. The rights of parents in relation to the child (which is considered a person under the age of 18) have a number of features:
they are of an urgent nature, exist only in respect of minor children. In addition, parental rights terminated upon entry of minor children in marriage and in other cases prescribed by law, the acquisition by children of full legal capacity before they reach adulthood (today is emancipation);
in the rights of parents harmoniously the interests of parents and children. Parental rights may not be exercised in conflict with the interests of the children. The interests of the children should be the main concern of their parents. Parents who exercise parental rights to the detriment of the rights and interests of the children, shall be liable in accordance with the law. The legislation directly prohibits disparaging, cruel, rough, degrading treatment, abuse or exploitation of children;
parental rights are provided to parents on an equal basis. All matters relating to the upbringing and education of children are resolved by the parents by mutual agreement. Parents (one of them) if there is discrepancy between them has the right to seek resolution of these disagreements in the body of guardianship and guardianship or the court. The law provides guarantees for participation in the upbringing of the child and estranged parent;
parental rights combines personal and public interests; therefore parental rights essentially are their responsibilities, the performance of which is guaranteed by the sanctions provided by the law. The duties of parents has a direct bearing on children’s rights. For the first time in domestic legislation in a separate Chapter “Rights of minors”, which has a fairly wide range of assurance to the education of children.
What are the rights of a personal nature have minor children?
The child has the right to live and grow up in the family . to the extent possible, the right to know their parents, their right to care, the right to joint accommodation, except when it is contrary to its interests. The child has the right to education of their parents, the protection of their interests, comprehensive development, respect for his human dignity. I must say that these rights do not belong to the category of so-called imaginary, naked rights, without legal protection, rights declarations. The legislation guarantees the exercise of these rights by the Institute of claiming the child from individuals who are illegally keeping him, institutions of deprivation and restriction of parental rights, etc.
The child has the right to contact with both parents . grandfather, grandmother, siblings, and other relatives. The parents divorce, annulled or separation of parents does not affect the rights of the child. A child in an extreme situation (detention, arrest, detention, being in the medical institution, etc.), has the right to communicate with their parents and other relatives in the manner prescribed by law.
The child has the right to defend their rights and legitimate interests . Besides the already known (provided the 1969 marriage and family Code) institutions for the protection of the rights of the child, the parents, the guardianship and custody, Prosecutor, court, new SK the Russian Federation establishes the right of a child regardless of age to seek protection of their rights in the body of guardianship and guardianship, and on reaching 14 years in court.
The child has the right to Express their opinion in the decision in the family of any matter affecting his interests, but also to be heard in any judicial and administrative proceedings. The consideration of the opinion of a child above 10 years, mandatory, except when this is against their interests. In some cases (for example, changing the name, surname of a child aged 10 years, when the restoration of parental rights of a parent of such a child, when adopting a child, etc.) bodies of guardianship and guardianship or the court can take a decision only with the consent of the child.
What are the rights and duties of a personal nature have parents in relation to children?
1. Parents have the right to give the child a name, a patronymic and surname . The name of the child given by agreement of the parents, and they can choose absolutely any name and authority of the Registrar will be obliged to register. If the parents cannot reach an agreement in this matter, the dispute is settled by a body of guardianship and guardianship is obliged to consider the opinion of parents. Otherwise it will be the basis for subsequent changes in the child’s name. The patronymic is given on behalf of his father.
In some subjects of the Federation may be provided otherwise. The surname of the child is given the surname of the parents. When the parents have different surnames, the child is given the surname of the father or the mother by agreement of the parents. Disagreements are resolved by the tutorship and guardianship authorities taking into account the views of parents.
At the joint request of the parents until the child reaches 16 years the Agency of guardianship and curatorship may allow to change the name of the child, and change the given surname to the surname of the other parent. In any case, the change of surname, name of the child is based on the interests of the child taking into account the views of parents. In addition, if the child has reached 10 years, you must get his consent.
The body of guardianship and guardianship allows to change the name of the child, for example, in the following situations:
if you change the names of the parents of the child;
at adoption, cancellation of adoption;
upon termination of marriage or annulment (name the child is given the surname of the parent with whom he actually lives);
in the case of establishment of paternity or the cancellation of this decision;
if the child actually wears a different name;
if the body of guardianship and guardianship gave the child the name without taking into account the views of parents, etc.
2. Parents have the right to protection of children . Parents are the legal representatives of their children and advocate for their rights and interests in relations with any natural and legal persons, including in courts, without special powers. However, parents are not entitled to represent the interests of their children, if the body of guardianship and guardianship is established that between the interests of parents and children are contradictory. This happens, for example, in the proceedings for deprivation of parental rights. It can not, in fact, the parent is deprived of rights, at the same time represent the interests of their child. In this case, and in case of disagreement between parents and children, the guardianship and guardianship is obliged to appoint a representative to protect the rights and interests of children.
3. Parents have the right to determine the child’s place of residence . It is expressed that parents can demand the return of a child from any person, retaining them on the basis of law or a court decision. However, the court may, taking into account the views of the child to refuse satisfaction of the claim of the parents, if you come to the conclusion that the transfer of the child to the parents not the child’s best interests.
4. The main parental right . however, is the right to raise their children, which is more than other rights inherent in the nature of obligation. Parents are obliged to care about health, physical, mental, spiritual and moral development of their children, are obliged to ensure their children receive a basic General education. They are taking into account the views of children have the right to choose an educational institution and form of education of children. As can be seen, the legislator does not risk to regulate in detail issues related to the education of children, and rightly so. The role of law is to protect parents and children from possible abuses and violations in this area.
Therefore, the refraction in the legal education of children is expressed in the settlement of disputes about the children, and also in the Institute of deprivation and restriction of parental rights.