Some parents are faced with situations in which the guardianship authorities often come in and show seemingly unfounded interest. Moreover, the interest of the organs can also be shown to ordinary families with favorable conditions for children. What should parents do if the guardianship authorities have raided them?
What are the reasons for the custody of the children?
It should be noted right away that there are no definite reasons today, so the reasons may be as follows:
- Calling neighbors;
- Complaint from teachers;
- Doctor's report, etc.
The guardianship authorities are obliged to respond to all signals, as this is their responsibility regulated in the Family Code. Employees must see how the child is living, but the reasons for taking children away are not detailed in the code. There are only mentions in which employees are required to pick up children if there is a threat to life or health.
Who can pick up the children?
Only three structures have the right to pick up children, and then only on the basis of a document:
- Representatives of enforcement structures;
- Guardianship / Guardianship Bodies;
- Representatives of local government structures.
An important point: they can pick up children only on the basis of a certain act.
Should the door be opened?
According to current legislation, parents have the right not to open the door. For example, article 25 of the Constitution, which regulates the inviolability of a private house / apartment / dwelling, states that no one has the right to enter a person's place of residence against his will. The exceptions are cases that are established by the Federal Law, as well as cases based on court decisions. That is, if the employees came “because they were told that”, then the door should not be opened, and if they have good reasons and relevant documents, then it is illegal to hinder their actions to check the apartment.
In addition, you can enter an apartment without a trial or decision only when you need to protect the safety and life of people.
Therefore, if there is no threat to life, you can not open the door, but refuse the guardianship service (come later, the child is asleep). And by the next visit, you can contact the activists who provide assistance to families. And they can be invited together with the guardianship authorities.
Guardianship staff are in the apartment. Parents' actions
The first thing to do is find out the reasons for their visit. What do they need to check, who they came from, what signal was given, etc.
Lawyers advise holding such a conversation even before the representatives of guardianship and guardianship enter the apartment. It is also necessary to check their documents and rewrite all the data from them. If possible, you can additionally take pictures of employees and their documents, as well as court orders that the child will be taken away.
It is important to verify the authenticity of the documents. To do this, you need to contact the guardianship and court authorities to find out if those who came there really work there.
So, the employees came home, what the parents need to do:
- Ask employees to remove street shoes and clothes;
- Lock the door with a key;
- Announce important rules that must be followed at home (wash your hands, do not walk around the apartment / house yourself, etc.);
- If possible, hold the child in your arms or just hold the child by the hand so that they do not take him without the knowledge of the parents;
- Drive employees together so that they do not walk separately from each other;
- Record the conversation on a dictaphone.
What if the child is to be taken
Important: if it comes to this, then employees are required to present an act that needs to be photographed. Employees should be asked to introduce themselves to the recorder, as well as to verbally read the act and explain all the reasons why they need to take the child. Employees are required to provide a copy of the act, and with this document it is necessary to go to lawyers.
Alternative paths
Employees can leave the child with their parents, but then they must:
- Draw up an inspection report for an apartment / house. Parents are given a copy of the act;
- Refer to an appropriate medical facility for examinations.
Important points:
- It is necessary to write an official letter to the director of the school / kindergarten, in which it is necessary to demand that the child be given only to the parents, or to those who are prescribed in the letter;
- If employees committed violations, it is necessary to write an appropriate complaint;
- Involve relatives, friends and the public in the problem. You can also use social networks.
