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Home / Codes / Article 397. Court decision on the case of the return of a child or on the exercise of access rights of the Civil Procedure Code of the Republic of Kazakhstan

Article 397. Court decision on the case of the return of a child or on the exercise of access rights of the Civil Procedure Code of the Republic of Kazakhstan

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

Article 397. Court decision on the case of the return of a child or on the exercise of access rights of the Civil Procedure Code of the Republic of Kazakhstan

     1. The court's decision in the case of the return on the basis of an international treaty ratified by the Republic of Kazakhstan of a child illegally transferred to the Republic of Kazakhstan or held in the Republic of Kazakhstan must comply with the requirements established by Chapter 19 of this Code and contain justification for the need to return the child to the state of permanent residence in accordance with an international treaty ratified by the Republic of Kazakhstan, the procedure for returning the child, distribution of court costs and expenses related to the return of the child, or a justification for the refusal to return the child to the state of permanent residence in accordance with an international agreement of the Republic of Kazakhstan and an indication of the distribution of court costs.

     2. The court's decision in the case of the exercise of access rights in respect of a child illegally transferred to the Republic of Kazakhstan or held in the Republic of Kazakhstan on the basis of an international treaty ratified by the Republic of Kazakhstan must comply with the requirements established by Chapter 19 of this Code and contain justification for the plaintiff's exercise of access rights in accordance with an international treaty ratified by the Republic of Kazakhstan, measures to ensure the plaintiff's exercise of access rights, an indication of the distribution of court costs or justification for refusal to exercise access rights in accordance with an international treaty ratified by the Republic of Kazakhstan, and an indication of the distribution of court costs.

 

 

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

 

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