Separation of Parents and Children in the Context of Realization of the Right to Education

Abstract

The paper examines the phenomena that in the legal vocabulary are called «separation of a parent and a child» and «taking children away from parents». The author proceeds from the fact that in the family upbringing of a child by his parents is carried out through direct personal communication between each of the parents and the child during their family life. Therefore, the subjective right to upbringing should have legally significant guarantees of such communication. Based on the analysis of the norms of law and law enforcement practice, the author gives definitions of the legal phenomena under consideration.Separation on their own initiative is the most widespread in the relationship between parents and children, the need for which is predetermined by the conditions of their social life in the family and beyond, which in a number of cases directly established by law requires legal formalization. The termination of family ties and the loss of the possibility of family communication between parents and children on the initiative and with the participation of bodies performing public functions should be regarded as an exception, be temporary in nature and comply with legal parameters. The ultimate goal of the measures under consideration should be to improve the health of the family rather than to distroy it. In this regard, special attention is paid by the author to individual cases of taking children away from the family provided for in the Family Code of the Russian Federation, as well as guarantees established by specific Russian legislation for the preservation of interpersonal contacts between parents and children in various situations. In the aspect of the need for maximum preservation of child-parent relations, the paper gives the assessment of family legal regulation and indicates the conflicts and gaps existing in the legal regulation. The author examines the measures taken in recent years and aimed at reducing the number of unjustified and illegal selections associated with the application of Article 77 of the RF Family Code on the immediate selection of children with an immediate taking children away from the family if there is a threat to their life and health.