Deprivation of parental rights in Kazakhstan Printable versionLast update: 15.01.2020
If parents do not care about their children and do not take any part in their upbringing, then they may be deprived of parental rights. This article describes the procedure for deprivation of parental rights and its consequences.
According to the Code of the Republic of Kazakhstan “On Marriage (Matrimony) and the Family” parents are deprived of parental rights if they:
- evade the duties of parents, including maliciously evade payment of alimony;
- refuse, without good reason, to take their child from the hospital, from organizations for orphans, children left without parental care, and other organizations;
- abuse their parental rights;
- treat the child cruelly, including physical or mental violence against him, encroach on his sexual integrity;
- abuse alcohol, drugs and psychotropic substances.
Parеnts may be deprived by the court of parental rights for the reasons listed above only in the case of their guilty behavior.
Evasion of parents from fulfilling their responsibilities for raising children can be expressed in the absence of concern for their moral and physical development, education, preparation for socially useful work, and malicious malpractice from paying child support. A particular case of such an evasion is considered a refusal, without good reason, to take your child from the maternity hospital or from other children's educational, medical or other institutions.
Under the abuse of parental rights should be understood the use of these rights to the detriment of the interests of children, for example, the creation of obstacles in education, inducement to begging, theft, prostitution, alcohol or drug use, etc.
Abuse of children can manifest itself not only in the physical or mental violence inflicted upon them by parents or in the attempt on sexual integrity, but also in the use of unacceptable methods of education (in rude, derogatory, degrading treatment of children, insulting or exploiting children) .
Chronic alcoholism or illness of the parents of drug addiction and substance abuse must be confirmed by an appropriate medical report. Deprivation of parental rights on this basis may be made regardless of the defendant’s acknowledgment as of limited ability to act.
The procedure for deprivation of parental rights
The case of deprivation of parental rights is considered in court on the statement of claim:
- one of the parents;
- other legal representatives of the child;
- guardianship and custody body;
The statement of claim is submitted at the place of residence of the respondent, that is, the parent, in respect of whom the question of deprivation of parental rights is raised.
Required documents to be attached to the claim:
- child's birth certificate (paternity certificate);
- certificate of marriage or divorce;
- Receipt of payment of state duty (0.5 MCI );
- evidence of parental misconduct:
- court decision on alimony;
- certificate of the bailiff on the amount of alimony arrears;
- certificates of registration on alcoholism or drug addiction;
- documents on bringing to administrative or criminal liability for evasion from the payment of alimony, child abuse, the use of violence, etc .;
- conclusions of the guardianship and custody body.
Cases of deprivation of parental rights are considered with the participation of the prosecutor and the guardianship and custody body. When considering them, the court decides on the recovery of alimony for the child from parents deprived of parental rights.
If the court, in the course of consideration of the case, finds in the actions of the parents signs of a criminal offense, it is obliged by a private decision to bring it to the attention of the prosecutor.
The court is obliged within three days from the date when the court decision on deprivation of parental rights enters into legal force, send an extract from this decision to the registering authority at the place of state registration of the child’s birth and to the guardianship and custody body at the child’s residence place.
Consequences of deprivation of parental rights
Deprivation of parental rights entails the loss of all rights based on the fact of kinship with the child.
According to paragraph 8 of the Resolution of the Supreme Court of the Republic of Kazakhstan “On the application by courts of law in resolving disputes relating to the upbringing of children”, parental rights that parents may be deprived of should be understood as rights granted to them before the majority of children:
- on education;
- for health care;
- to receive secondary education for children;
- to represent and protect their interests;
- to reclaim children from other persons;
- to consent or refusal to give consent to transfer the child for adoption (adoption);
- to give consent for children aged from 14 to 18 years to make transactions, with the exception of the transactions mentioned in paragraph 2 of Article 22 of the Civil Code of the Republic of Kazakhstan;
- to apply to the court for limiting or depriving the same teenagers to independently manage their income, scholarship, other incomes and the intellectual property objects created by them, etc .;
- to receive content;
- for benefits and state benefits;
- for inheritance by law, etc.
Deprivation of parental rights does not relieve parents of the obligation to maintain their child, which ceases with its adoption.
The question of the further joint residence of the child and the parent deprived of parental rights is decided in court.
A child in respect of whom parents are deprived of parental rights retains ownership of the home or right to use the home, as well as property rights based on the fact of kinship with parents and other relatives, including the right to inheritance.
If it is impossible to transfer the child to another parent, or in the event that both parents are deprived of parental rights, the child is transferred to the guardianship and custody body.
At the request of parents deprived of parental rights, the guardianship and custody body allows visits with the child, if it does not adversely affect the child.
Adoption of a child in case of deprivation of parents of parental rights is allowed after six months from the day the court decision on deprivation of parents of parental rights comes into force.
Adoption of a child, one of whose parents is deprived of parental rights, is allowed with the consent of the other parent.
Restoration of parental rights
Parents can be restored to parental rights by the court in cases where they have changed behavior, lifestyle and attitude towards raising a child.
Restoration of parental rights is carried out in a court of law at the request of a parent deprived of parental rights. Cases on the restoration of parental rights are considered with the participation of the parent, the guardianship and custody body.
The court may, taking into account the views of the child, refuse to satisfy the parent’s claim for restoration of parental rights if restoration of parental rights is contrary to the interests of the child.
Restoration of parental rights in relation to a child who has reached the age of ten years is possible only with his consent.
Restoration of parental rights is not allowed if the child is adopted and the adoption is not canceled.
Restriction of parental rights
According to Article 79 of the Code of the Republic of Kazakhstan “On Marriage (Matrimony) and Family,” the court may, taking into account the interests of the child, decide to limit parental rights by taking the child away from the parents without depriving them of parental rights.
The arrangement of a child, in respect of which the parents or one of them are deprived or limited in parental rights, is made by the authority performing the guardianship or custody functions at the child’s place of residence.
Restriction of parental rights is allowed if leaving a child with parents is dangerous for him:
- in circumstances beyond the control of the parents (mental disorder or other chronic illness, confluence of difficult circumstances);
- due to the behavior of parents, but it does not establish sufficient grounds for depriving parents of parental rights.
If the parents do not change their behavior, the guardianship and custody body, after six months from the court’s decision to limit parental rights, is obliged to file an action for the deprivation of parental rights.
A claim for restriction of parental rights is filed by close relatives of the child, organizations exercising the functions of protecting the rights of the child, the prosecutor.
Cases of restriction of parental rights are considered with the obligatory participation of a representative of the guardianship and custody body.
When considering a case on the restriction of parental rights, the court has the right to decide on the recovery of child support from the parents.
Consequences of parental restrictions
Parents whose parental rights are limited by the court lose the right to raise the child personally, and in cases where leaving the child with parents is dangerous for him, they also lose the right to benefits and state benefits established for citizens with children.
The restriction of parental rights does not relieve parents of the obligation to maintain the child.
A child for whom parents are limited in parental rights retains ownership of the home or right to use the home, and also retains property rights based on the fact of kinship with parents and other relatives, including the right to inheritance.
In case of restriction of parental rights of both parents, the child is transferred to the custody of the guardianship and custody body.
Parents whose parental rights are restricted by the court are allowed contact with the child, if it does not have a negative impact on the child. Parents are allowed to contact the child with the consent of the guardianship and custody body, or the guardian or curator, foster parents of the child, or the administration of the organization in which the child is located.
If the grounds by which parents were limited in parental rights have disappeared, the court, at the parents ’claim, makes a decision to return the child to the parents and to cancel the effects of the restrictions provided for in Article 80 of the Marriage (Matrimony) and Family Code.
Select a child can with the immediate threat to his life or health
With an immediate threat to the child’s life or health, the guardianship and custody body is entitled to immediately take the child away from the parents or from other persons in whose care he is.
A child will be taken away immediately by the guardianship and custody body, on the basis of an act of the local executive body of cities of republican significance, the capital, district, city of regional significance, before a court decision is taken.
When the child is taken away, the guardianship and custody body must immediately notify the prosecutor, ensure the child’s temporary arrangement and within seven days after the local executive authority issues cities of republican status, the capital, district, city of an regional significance issued the act of taking away the child, go to court with a claim for restriction or deprivation of parents of parental rights.
Compulsory execution of court decisions related to the selection of a child from parents and transferring it to another person (s) is made with the mandatory participation of a representative of the guardianship and custody body and the person (s) to whom the child is transferred, and, if necessary, with the participation of a representative of the internal affairs.
If it is impossible to execute a court decision on the selection of a child from parents and on transferring it to another person (s), without prejudice to his interests, the child may be temporarily placed by organizations in the organizations performing the functions of protecting the rights of the child.