Complaint to the guardianship authorities against the father

A complaint to the guardianship and trusteeship authorities will solve the problem with our help. Since the law states that a parent is obliged to supervise and care for the child, as well as his proper upbringing and development, a violation of the article may lead to relatives filing a complaint against the child’s mother for guardianship.

ATTENTION: if the guardianship authorities are inactive, then a complaint against the actions of the guardianship and trusteeship authorities will help resolve the issue, use your rights fully and do not leave everything as it is!!!

When to write a complaint to guardianship to protect the rights of children?

For example, if a child plays strength sports and is frequently injured, the school should be notified because teachers may file a custodial petition against the child's mother for a domestic battery investigation. It is necessary to distinguish between situations when forceful influence occurs in the family and in the sports section.

  • Complaint to guardianship about beatings in the family. If the beatings actually occurred at home, then the application against the spouse for abuse of parenting rights should already be filed by the second spouse as part of the protection of the rights of minor children. A mother should not calmly watch how a father beats his son or daughter for educational purposes.

Verification of the child’s residence is carried out by representatives of the authority after the relevant decision is made and should not interfere with the child’s normal life and routine. When visiting, you should calmly show the representatives the apartment where the family lives.

  • Complaint to the guardianship authorities against the ex-wife after a divorce. Divorce proceedings lead to problems. When parents divorce, it happens that the one who is involved in upbringing, for the purpose of revenge, can prevent the child from communicating with the second parent.

Negotiations may not bear fruit, and a petition to the guardianship may be required regarding the impediment of communication with the child. Filling out is allowed in any form with a competent and truthful description of the family situation. We also recommend filing an application to determine the order of communication with the child or determining the child’s place of residence if the guardianship authorities are powerless.

How to write a complaint to the guardianship authorities?

To file a complaint, it is first necessary to determine which rights of the child or parent are violated. So, the most common cases are:

Violation of children's rights:

  • Obstruction of communication with parents;
  • Restriction of a child’s attendance at school or kindergarten;
  • Failure to fulfill the obligation to support the child;
  • Formation of bad habits and a negative attitude towards society in a child.

Violation of parental rights:

  • Limiting parent-child communication;
  • Obstructing the parent's participation in the child's life;
  • Formation of a negative attitude in a child towards a parent;
  • Limitation of a parent's performance of his direct parental responsibilities.

HEALTHY:

Who can contact the Guardianship Authority?

You can file a complaint or notification of violation of children’s rights...

  • Parents of the child (for example, a husband may file a complaint against his wife for preventing him from seeing his son or daughter, or the wife may notify the OPP of her husband's cruelty);
  • neighbours;
  • relatives;
  • guardians and trustees;
  • an employee of the educational institution that the child attends (director, teacher, psychologist, teacher);
  • an employee of the medical institution where the child is staying or being observed (local or duty doctor);
  • police officer;
  • other citizens.

How to file a complaint with guardianship and trusteeship?

When drawing up a complaint to the guardianship authorities, you should correctly indicate the departmental territorial body. Often such a body corresponds to the administrative-territorial division of large cities or corresponds to the municipality in which the child lives.

In some cases, such applications are reviewed by an interregional unit operating in several municipalities.

The applicant is entitled to submit an application in the following ways:

  • Personally. In this case, you should prepare a second copy of the complaint, on which the specialist of the guardianship authorities who will receive the appeal will mark the receipt of the complaint.
  • By mail. The applicant has the right to send a complaint by mail. The applicant has the right to send a complaint by registered mail with a list of attachments, or use a courier service. In any case, the applicant must retain the tracking number (RPO) of the postal item to confirm the very fact of contacting the guardianship authorities, as well as to be able to track the period for consideration of the complaint.
  • Through a representative. If the applicant decides to use the representation of his interests in the guardianship authorities, he should draw up a notarized power of attorney for the representative, which will indicate the right of the representative to file a complaint with the guardianship authorities. If the representative will contact the guardianship authorities by mail, it is recommended to additionally attach a notarized copy of the power of attorney to the complaint.

What to do if a complaint has been filed against you in guardianship?

If a complaint has been filed against you with the guardianship authorities, you should:

  1. Read the complaint.
  2. Check with the guardianship workers exactly what actions they will take to consider the complaint.
  3. Prepare documents or take other actions indicating the untenability of the circumstances referred to by the person filing the complaint:
  • Confirmation of the child’s communication with the complainant (correspondence, video, photo)
  • Confirmation of child support (checks, presence of children's things for the child, etc.)
  • Get a reference from your place of work, information about your income, get a reference from the organization where the child is studying.
  • If complaints have previously been filed against you with guardianship, as a result of which departmental authorities indicated that there was no violation of the rights of the child and parents, be prepared to provide documents on the results of inspections of such complaints.

IMPORTANT: provide evidence of the absence of a violation of the rights of the child and the complainant.

If the guardianship authority reveals violations of the rights of the child or the complainant, be ready to challenge the results of the inspection administratively as soon as possible. If the complainant spreads false information about you not only by contacting the guardianship authorities, you have the right to submit an application to law enforcement authorities in accordance with Art. 128.1 of the Criminal Code of the Russian Federation.

Pros and cons of registering with guardianship authorities through the State Services portal


Making an appointment with a local or regional guardianship office online will save time.
You can make an appointment with a local or regional guardianship office in several ways: in person, by phone, online. The most preferred method is the last option, since it ensures:

  • mobility;
  • convenience;
  • simplicity.

To record, you only need a device with Internet access and the connection itself. You can sign up without leaving your home at any time of the day, regardless of weekends and holidays.


In case of technical work or failures on the portal, you need to try again later

In addition to the obvious advantages, this method also has disadvantages:

  • accessibility restrictions;
  • engineering works;
  • glitches on the portal.

Sample complaint to the guardianship and trusteeship authorities against the father

To the Guardianship and Trusteeship Authority

Chkalovsky district of Yekaterinburg

Sverdlovsk region

COMPLAINT

on the fact of violation of the rights of minor children

From the moment of pregnancy to the present A.D. avoids fulfilling parental responsibilities, does not participate in the upbringing or education of children, and is also not interested in life and health. Doesn't communicate with children. Does not provide content. Doesn't give gifts. The children are registered and live at the mother’s place of residence – separately from A.D.; are fully supported by their mother. Voluntary child support A.D. are not paid. An agreement to pay alimony has not been concluded. In this regard, O.S. was forced to go to court for forced collection of alimony for the maintenance of minor children.

By virtue of Part 2 of Article 38 of the Constitution of the Russian Federation, caring for children and raising them is an equal right and responsibility of parents.

According to Article 63 of the Family Code of the Russian Federation, parents have the right and obligation to raise their children.

Currently A.D. does not want to fulfill the legal obligations of a parent in relation to children, does not pay funds for their maintenance. Inaction A.D. is also expressed in a lack of care for children, their moral and physical development, and education. Such an attitude is unacceptable, unlawful and entails a significant violation of the rights of minor children, mainly the right to ensure an adequate standard of living and development. Inaction indicates his indifferent attitude towards children. The father of the children does not consciously fulfill parental responsibilities and does not use the rights granted to the children. In such circumstances, appropriate measures must be taken against the father of minors.

In the case under consideration (guilty, unlawful inaction of A.D. in relation to minors) in relation to A.D. it is necessary to apply established family law consequences in the form of deprivation of parental rights. Moreover, their availability and implementation by A.D. does not claim, which means that any of his rights, as well as interests, will not be affected or violated. The application of a measure of liability in the form of deprivation of parental rights is a necessary and sufficient circumstance to protect the rights, freedoms and legitimate interests of minor children and their mother, because today A.D. has a real possibility of abuse of the rights granted to conscientious parents, including restricting the entry/exit of children abroad of the Russian Federation, limiting the time of communication between mothers and children, causing damage to the psychological and moral development of children, causing inconvenience as a result of systematic visits to the place of residence of minors by strangers, a stranger.

USEFUL: watch the VIDEO, why I am against the use of samples from the Internet in protecting rights, and do not forget to subscribe to the YouTube channel to receive advice in the comments of the video:

The latter is the result of the absence of any communication between the father and children over a long period of time (more than a year). Under such circumstances, it is obvious that the children do not recognize A.D. your relative, close person, father. Potential "emergence" of A.D. after a long period of time in the place of residence of young children, it will cause significant damage to their psychological state, because the children do not know or communicate with him at all. The latter does not show any concern for the children, is not interested in their fate and development, and therefore, it is obvious that he does not have the legal, moral right to claim subsequent communication with the children.

By virtue of parts 1 and 2 of Article 38 of the Constitution of the Russian Federation, motherhood and childhood, the family are under the protection of the state. Caring for children and raising them is an equal right and responsibility of parents.

Based on the above, guided by Articles 2, 7, 38 of the Constitution of the Russian Federation, Article 27 of the Convention on the Rights of the Child, Articles 1, 63, 64, 69, 70, 80 of the Family Code of the Russian Federation,

ASK:

  • conduct an investigation into violations of family law committed by the father of the children, and based on the results, take response measures appropriate to the consequences of the violations.
  • inform the applicant in writing about the results of the inspection, sending it by mail to his place of residence: 620146, Sverdlovsk region, Yekaterinburg

Date, signature

How to anonymously report to the guardianship authorities?

There are several ways to notify the educational institution about facts of failure by parents to fulfill their duties or other situations requiring attention:

  • written appeal;
  • call;
  • contact via the site.

Any of the chosen methods has its advantages and disadvantages. However, if you apply anonymously, regardless of the method chosen, there is a possibility that the application will remain unconsidered.

Make a call

A telephone call allows you to respond to a message as quickly as possible and check the legality of the parents’ actions and their attitude towards the minor. You can call the city (district) department of guardianship and trusteeship authorities and briefly but meaningfully describe the situation. The responsible employee will be able to evaluate it and carry out the necessary checks.

Write a complaint


Photo 4You can submit an appeal through the website or in writing. In this case, up to 30 days are allotted for its consideration, and employees are required to respond and conduct an inspection.

This option is suitable for cases where the situation is not critical, but still requires intervention.

Personal application for writing a complaint excludes anonymity completely.

Expert opinion

Maria Lokshina

Family law expert since 2010

An alternative would be to contact us via mail. To do this, you will need to compose a letter, but it is not necessary to indicate the sender's name and return address.

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