Contacting the Department of Guardianship and Guardianship for the protection of the rights and legitimate interests of minor children

Department of Guardianship and Guardianship of the Auezovsky district

Department of Education of Almaty city

Almaty, MKR 10, building 23, gymnasium school building No. 1

from: ______________________ IIN: ______________________

Kaskelen, Almaty region, ______________________. 8 ______________________.

Representative by proxy:

Law and Law Law Company LLP represented by

General Director Galymzhan Turlybekovich Sarzhanov

BIN 190240029071 Almaty, 79 Abylai Khan ave., office 304.

info@zakonpravo.kz / www.zakonpravo.kz

+ 7 727 978 5755; +7 708 578 5758.

Statement

______________________ and ______________________ They have been married since __ October 20__, and have two minor children from their marriage ______________________ __.09.20__ G.R. and ______________________ __.10.20__ G.R. __ January 20__ Karasaysky district court Karasaysky district the Court of the Almaty region, composed of the presiding judge ______________________, having considered in open court the civil case on the claim ______________________ to ______________________ on the dissolution of the marriage, I DECIDED: to satisfy the statement of claim for the dissolution of the marriage; Sapargalievnoy registered in the Office of the Akim of the Karasai district dated __ October 20__, registration record № ______________________- terminate it. ______________________ voluntarily pays child support and is a decent person, has no bad habits. Currently, minor children live with ______________________ at the address: Almaty, Aksai __ microdistrict, house no. __, apartment no. __. We would like to inform you that with ______________________ does not allow ______________________ see your children and take part in their He also does not allow children to see their father. By your actions ______________________ violates the requirements of paragraph 1 of Article 61 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family" (hereinafter referred to as the Code), according to which the child has the right to communicate with both parents, grandfathers, grandmothers, brothers, sisters and other relatives; The dissolution of the parents' marriage, its invalidation, or the separation of the parents should not affect the rights of the child; In the case of separation of the parents, the child has the right to communicate with each of them. A child has the right to communicate with his parents also if they live in different countries.

Contacting the Department of Guardianship and Guardianship for the protection of the rights and legitimate interests of minor children

According to Article 67 of the Code: The child has the right to protect his rights and legitimate interests. The protection of the rights and legitimate interests of a child is carried out by the parents or other legal representatives of the child, and in cases provided for by legislative acts of the Republic of Kazakhstan, by the body performing the functions of guardianship or guardianship, by the prosecutor and the court, as well as by internal affairs bodies and other state bodies within their competence. Applying to the Department of Guardianship and Guardianship A minor who is recognized as fully capable in accordance with the laws of the Republic of Kazakhstan has the right to independently exercise his rights and duties, including the right to protection, until reaching the age of majority. The child has the right to protection from abuse by parents or other legal representatives. In case of violation of the rights and legitimate interests of the child, including in case of non-fulfillment or improper fulfillment by parents or other legal representatives of duties related to the maintenance, upbringing, education of the child, or in case of abuse of parental (guardianship, guardianship) rights, the child has the right to independently apply for protection of his rights to the body performing the functions of guardianship or guardianship, and upon reaching the age of fourteen, he goes to court. Officials of state bodies and organizations and other citizens who have become aware of a threat to the life or health of a child, a violation of his rights and legitimate interests, are required to report this to the body performing the functions of guardianship or guardianship at the child's actual location. Upon receiving such information, the body performing the functions of guardianship or guardianship is obliged to take the necessary measures to protect the rights and legitimate interests of the child. Contacting the Department of Guardianship and Guardianship Also ______________________, violates the requirements of paragraph 1 of Article 68 of the Code, according to which parents have equal rights and bear equal responsibilities in relation to their children (parental rights).

According to paragraph 1 of Article 73 of the Code, a parent living separately from a child has the right to communicate with the child, participate in his upbringing and resolve issues of education for the child and other important issues for the child; The parent with whom the child lives should not interfere with the communication of the child with another parent, if such communication does not harm the physical and the child's mental health and moral development. By virtue of P. 4, Regulatory Decree No. 15 of the Supreme Court of the Republic of Kazakhstan dated November 29, 2018 "On the application of legislation by courts in resolving disputes related to the upbringing of children", as well as paragraph 3 of Article 73 of the Code stipulates: 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, and in case of disagreement with its decision, through mediation or a court with the participation of this body and the child's parents. In this regard, the courts should keep in mind that the plaintiff must comply with the procedure established by law for this category of cases of preliminary pre-trial dispute resolution.

In case of non-compliance with the procedure for preliminary pre-trial dispute resolution and if the possibility of applying this procedure has not been lost, the judge should, in accordance with subparagraph 1) In the first part of Article 152 of the CPC, return the statement of claim and explain the need to apply to the bodies performing guardianship or trusteeship functions. According to Article 10 of the Law of the Republic of Kazakhstan "On the procedure for considering Appeals from Individuals and Legal Entities", responses to appeals must be well-founded and motivated in the state language or the language of the appeal with reference to the legislation of the Republic of Kazakhstan, contain specific facts refuting or confirming the applicant's arguments, explaining their right to appeal the decision.

Contacting the Department of Guardianship and Guardianship for the protection of the rights and legitimate interests of minor children

Based on the above and guided by Articles 61, 67 and 68 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family",

I ask you to:

Take necessary measures to protect the rights and legitimate interests of minor children: ______________________ __.09.20__ G.R. and ______________________ __.10.20__ born in Almaty, Aksai microdistrict ___, house no.___;

To bring to justice ______________________ for violating the requirements of the legislation of the Republic of Kazakhstan;

Conduct an explanatory conversation about the rights and obligations of parents in accordance with the Air defense System;

To respond to the application within the time limits prescribed by law;

Yours sincerely,, ________________/ ______________ "___"___________2020 g

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