Practice of immediate removal of children from the family: problems and ways to solve them

Ryabova O., Kuznetsova N., Matveeva T., Kuznetsova N.

The article deals with the problems of applying family law in the case of immediate removal of a child from the family in the event of an immediate threat to his life or health. It is pointed out that there are no clear criteria in the legislation that serve as proof of the absence of parental care and the basis for immediate withdrawal. According to the authors, the removal of a child from the family should be a last resort, applied only if the threat is caused by illegal actions (inaction) of the parents (one of them) or other persons in whose care he is and is irremediable. It is concluded that it is necessary to develop a multi-stage system of measures to support families in difficult situations, taking into account all opportunities to ensure the rights and legitimate interests of the child, his fundamental right to live and be raised in a family.

Keywords:selection, withdrawal, rights of the child, parents, guardians, family.