Restriction of Parental Rights — When and How
Restriction of parental rights and duties is one of the most sensitive instruments of family law. Under the Civil Code of Georgia, parental rights and duties may be restricted only by a court decision, unless the Code provides otherwise. The court may restrict one or several parental rights and duties independently of the others — the restriction can therefore be partial and targeted. It is important that, as far as possible, the parent retains the obligation to maintain the child while their parental right is restricted, in accordance with the maintenance obligations provided for by the Code. Guardianship or custody is established with respect to a child whose both parents have been restricted in their parental rights or duties.
Suspension of Rights — Even Without a Court
The Civil Code defines cases of suspension as well. The court may suspend the parents’ right to act as the child’s representatives during court proceedings, until the dispute is resolved. Where a child is found whose identity, or the identity or whereabouts of whose parent, is unknown, the parental rights and duties are considered suspended without a court decision until the identity is established and the child is returned to the family. Parental rights and duties are likewise considered suspended in case of abandonment of the child expressed through the parent’s own action or inaction, when the child is placed in twenty-four-hour state care. In cases of domestic violence, while a restraining or protective order is in force against the parent, and from the moment a social worker decides to separate the child from the parent, the parent’s representative right and/or the parental right to determine with whom and where the child is to live is considered suspended for the duration of the order or the decision.
Deprivation — the Last Resort
Deprivation of parental rights and duties is the last resort — this is how the law frames it. The decision is issued by the court on the initiative of the guardianship and custody authority or of the child. A parent loses all parental rights and duties where they systematically evade the performance of parental duties and exercise the rights improperly — treating the child cruelly, influencing the child negatively through immoral conduct, being a chronic alcoholic or a drug addict, or involving the child in anti-social activities, including begging and vagrancy. This list is closed, and each element of it must be substantiated with evidence in court.
Restoration and the Transfer of Property Management
Restoration of parental rights and duties is possible only through the courts, on the initiative of the child, of one of the parents, or of the guardianship and custody authority, and only where the ground for restriction or deprivation no longer exists. In restoring rights, the court also takes into account the wish of the child. Restoration is not allowed with respect to a child adopted by another person, unless the adoption has been declared void. In cases of suspension, rights are restored automatically upon expiry of the period of suspension. A separate instrument exists for property matters: the right to manage a child’s property, in connection with a specific asset, may be transferred to a property guardian on the basis of a document notarially certified by the parents or a will.
Frequently Asked Questions
Below we answer the questions we hear most often on this topic.
Who may seek the restriction of parental rights?
Restriction takes place only by a court decision. A decision on deprivation is issued by the court on the initiative of the guardianship and custody authority or of the child. Restoration is sought by the child, one of the parents or the guardianship authority.
Can rights be suspended without a court?
Yes — for example, in the case of a child whose identity is unknown, in case of a child’s abandonment when the child is in twenty-four-hour state care, or for the duration of a restraining or protective order in force in a domestic violence context.
Does the maintenance obligation survive restriction?
As far as possible, the parent retains the obligation to maintain the child in accordance with maintenance obligations. Upon deprivation, by contrast, the parent loses all rights and duties.
How does restoration work?
Only through the court and only where the ground for restriction or deprivation no longer exists; the court also considers the child’s wish. For an adopted child restoration is not allowed unless the adoption has been declared void.
How We Help on Legal.ge
The advocates of Legal.ge represent clients in every type of parental-rights case: in restriction and deprivation proceedings on the side of the guardianship authority or the other parent, in restoration claims on the side of the parent, and in protecting the child’s interests. We assess the evidence, prepare the position and pursue the case through every instance. Book a consultation — in this type of matter early involvement decides the outcome.