Deprivation of parental rights | Attorney for Minors | Legal protection of children's rights

On February 11, 2020, the Specialized Interdistrict Juvenile Court of Almaty considered the civil case in open court.: BAP to the Respondent of the MD, the body performing the functions of guardianship and guardianship of the Almaty City Education Department On the deprivation of parental rights. BA.P. and MD.A. were married since 2009. The parties have a minor child from this marriage: MDD, born on November 12, 2010. Based on the court's decision of April 12, 2013, the marriage between BA.P. and MD.A. was dissolved. Minor MD.D. lives with his mother. By a court order dated August 11, 2017, alimony was collected from MD.A. in favor of BA.P. for the maintenance of a minor MD.D. in the amount of one quarter of all types of his earnings and (or) other income on a monthly basis, starting from August 9, 2017 and until his majority. BA.P., having filed a lawsuit with the court, motivated her claims with the following arguments. MD.A. does not fulfill its obligations to pay child support. By the court's ruling, MD.A. is wanted. The total alimony arrears for amounted to 186,046 tenge. The defendant abuses alcoholic beverages and leads a debauched lifestyle and was brought to administrative responsibility for drinking alcoholic beverages in a public place. MD.A. does not take part in the upbringing of the child, he last saw his son three years ago. During all this time, he has never been interested in the fate of the child, his hobbies and interests. There is no close relationship of trust between the father and the child, and the defendant is indifferent to the child. The child does not know his father and does not recognize him. In this regard, the plaintiff requests to deprive MD.A. of parental rights in relation to MD.D.'s son. There was no response to the statement of claim. At the hearing, the plaintiff's representative, M.E. Kaishybekov, supported the claims and asked the court to satisfy them. The plaintiff's representative also explained that the defendant's location was not known to his principal, he did not have a permanent place of residence, and therefore requested that the case be considered at the defendant's last known place of residence.

Deprivation of parental rights | Attorney for Minors | Legal protection of children's rights

In this regard, and also taking into account that the defendant is wanted, the court, in accordance with part 1 of Article 133 of the Civil Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the CPC), considered the case at the defendant's last known place of residence. The representative of the body performing the functions of guardianship and trusteeship, E.A. Otei, concluded that the claim should be satisfied. The prosecutor gave an opinion on the satisfaction of the claim of BA.P. According to parts 1, 2 of Article 70, paragraphs 1), 5) of part 1 of Article 75 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family" (hereinafter – KBS), parents are obliged to take care of their child's health. Parents have the right and the obligation to raise their child. Parents raising a child are responsible for providing the necessary living conditions for their physical, mental, moral and spiritual development. Parents are deprived of parental rights if they evade the duties of parents, including maliciously evading the payment of alimony; they abuse alcoholic beverages or narcotic drugs, psychotropic substances and (or) their analogues. The court found that the parties had actually started living separately since May 2013, i.e. when the child was young, when he was three years old. Since that time, for more than seven years, MD.A. as a father has not fulfilled his duties for the upbringing and development of the child. So, MD.A. She evades fulfilling her duties to raise a child, which is expressed in the lack of concern for the moral and physical development of her child, his education, preparation for socially useful work, and malicious evasion of alimony payments. At the same time, the malicious nature of the alimony evasion is evidenced by the wanted list of the defendant, as well as the fact that since the court order was issued, the defendant has not executed the court order for more than two years without valid reasons or voluntarily provided funds for the maintenance of the child, which led to the formation of alimony arrears. Thus, the alimony arrears determined for the period from August 2017 to December 2017 amounted to only 186,046 tenge. Based on the submission of a private bailiff, D.A. Mashanov was put on the wanted list by a court ruling dated February 06, 2018. Thus, in connection with the announcement of the debtor's wanted list, the private bailiff suspended the enforcement proceedings by a decree dated March 15, 2018. The defendant's abuse of alcoholic beverages is evidenced by the facts of repeated (January 25, 2019, February 02, 2019, February 05, 2019, March 14, 2019, April 05, 2019) bringing him to administrative responsibility for drinking alcoholic beverages and appearing intoxicated in public places. These circumstances are confirmed by information from the Special Accounts database. It also follows from the information obtained from the database "Special accounts" that MD.A. He does not have a permanent place of residence, since according to the above offenses, different addresses are indicated as his place of residence. This circumstance also confirms the arguments of the claim regarding the fact that the defendant abuses alcoholic beverages and leads a debauched lifestyle. The court has not established any valid reasons preventing the defendant from fulfilling parental duties. The Convention on the Rights of the Child (New York, November 20, 1989), ratified by the Republic of Kazakhstan on June 8, 1994, in parts 1, 2 of article 3 proclaims that in all actions against children, regardless of whether they are undertaken by public or private institutions dealing with social security issues, courts, administrative or legislative bodies give priority to the best interests of the child. The Participating States undertake to provide the child with such protection and care as is necessary for his well-being, taking into account the rights and obligations of his parents, guardians or other persons legally responsible for him, and to this end shall take all appropriate legislative and administrative measures.

Deprivation of parental rights | Attorney for Minors | Legal protection of children's rights

In such circumstances, accepting the conclusions of the representative of the guardianship and guardianship authority, the prosecutor, paying attention to the best interests of the child, the court concludes that the claims are satisfied. Guided by articles 223-226 of the CPC, the court DECIDED that the claims should be satisfied. To deprive MD of parental rights in relation to a minor child: MDD, born on October 12, 2010. Minor child: MDD, born on October 12, 2010, should be left to be raised by a BAP mother at her place of residence.

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