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Home / Codes / Article 392. Filing an application for the return of a child or for the exercise of access rights in relation to a child on the basis of an international treaty ratified by the Republic of Kazakhstan, the Code of Civil Procedure of the Republic of Kazakhstan

Article 392. Filing an application for the return of a child or for the exercise of access rights in relation to a child on the basis of an international treaty ratified by the Republic of Kazakhstan, the Code of Civil Procedure of the Republic of Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 392. Filing an application for the return of a child or for the exercise of access rights in relation to a child on the basis of an international treaty ratified by the Republic of Kazakhstan, the Code of Civil Procedure of the Republic of Kazakhstan

     1. An application for the return of a child illegally transferred to the Republic of Kazakhstan or held in the Republic of Kazakhstan or for the exercise of access rights in respect of such child on the basis of an international treaty ratified by the Republic of Kazakhstan (hereinafter referred to as the application for the return of a child or for the exercise of access rights) shall be filed with the court by a parent or other person who believes that the defendant has violated his custody rights or access rights, or is filed with the court by the prosecutor.

     2. An application for the return of a child or for the exercise of access rights is submitted to a specialized inter-district juvenile court.

     3. If the child's place of residence in the territory of the Republic of Kazakhstan is unknown, an application for the child's return or for the exercise of access rights shall be filed with the court provided for in part two of this article at the child's last known place of residence in the Republic of Kazakhstan or at the defendant's last known place of residence in the Republic of Kazakhstan.

     4. In the event of a change in the child's place of residence, the application for the return of the child or for the exercise of access rights is subject to consideration by the court, which accepted the application for its proceedings in compliance with the rules of jurisdiction established by this article.

     5. The application for the return of the child or for the exercise of access rights must indicate that the relevant requirement is made on the basis of an international treaty ratified by the Republic of Kazakhstan.

 

 

President    

Republic of Kazakhstan     

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