Article 73. The exercise of parental rights by a parent living separately from the child of the Code on Marriage (Matrimony) and Family of the Republic of Kazakhstan
1. A parent living separately from a child has the right to communicate with the child, participate in his upbringing and resolve issues of the child's education and other important issues for the child.
The parent with whom the child lives should not interfere with the communication of the child with the other parent, if such communication does not harm the physical and mental health of the child, his moral development.
2. The place of residence and the legal address of the child in case of separation of the parents are established by agreement of the parents.
In the absence of an agreement, the dispute between the parents is resolved through mediation or by a court with the participation of the body performing guardianship or guardianship functions, at the request of the parents, based on the interests of the child and taking into account his opinion. At the same time, the court takes into account the attachment of the child to each of the parents, brothers and sisters, the age of the child, the moral and other personal qualities of the parents, the relationship existing between each parent and the child, the possibility of creating conditions for the child's development and upbringing (occupation, working hours of the parents, the financial and marital status of the parents and other similar conditions).
3. Parents have the right to conclude in writing an agreement on the procedure for exercising parental rights by a parent living separately from the child.
If the parents cannot come to an agreement, the dispute is resolved by the body performing the functions of guardianship or guardianship, in accordance with the procedure determined by the authorized body for the protection of children's rights of the Republic of Kazakhstan, and in case of disagreement with its decision – by mediation or court with the participation of the body performing the functions of guardianship or guardianship, and the parents of the child..
4. In case of non-fulfillment of the court's decision on the procedure for exercising parental rights, the guilty parent is liable in accordance with the laws of the Republic of Kazakhstan.
In case of malicious non-enforcement of a court decision, the court, at the request of a parent living separately from the child, may decide to transfer the child to him based on the interests of the child and taking into account the opinion of the child.
5. A parent living separately from a child has the right to receive information about their child from educational, medical, and other organizations.
The provision of information may be refused only if there is a threat to the life and health of the child from the parent. A refusal to provide information may be challenged in court.
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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