Deprivation of parental rights of a parent who is not involved in the upbringing of his child
Angelika Petrovna (hereinafter referred to as the Plaintiff), born on 18.01.1970, IIN ......., residing at the address Almaty region, Talgar district, village Karabulak, ul. ...... ...., 96/13, and ........ Darkhan Araratovich (hereinafter referred to as the Defendant), born on 05.10.1970, IIN ......, (without a fixed place of residence), have a minor child from living together ...... Damir Darkhanovich, born on 12.11.2010. 08/11/2017 Judge of the district Court no.2 Auezovsky district of Almaty Abekova I.M. issued a court order to recover from the Defendant in favor of the Plaintiff alimony in the amount of a quarter of all types of his earnings and (or) other income for the maintenance of a minor child ... On 11.10.2017, a private bailiff of the executive district of Almaty, Sagatbekuly G. (hereinafter referred to as the Bailiff), based on a court order of the district court No. 2 Auezovsky district of Almaty on 08/11/2017 initiated enforcement proceedings No. 231/17-75-3792 On 17.01.2018, the bailiff appealed to the District court No. 2 of Almaly district. Almaty with the idea of declaring the debtor wanted ...... D.A., born on 05.10.1970, IIN ......, through the internal affairs bodies.
Deprivation of parental rights of a parent who is not involved in the upbringing of his child
On 02/06/2018, the District court No. 2 of Almaly district of Almaty, consisting of the presiding judge K.T. Uteubaev, considered in open court the representation of the private bailiff Sagatbekuly G. on the announcement of the debtor's search ..... D.A., born on 05.10.1970, IIN ......., DETERMINED: representation of a private bailiff Sagatbekuly G. to declare the search for the debtor ....... D.A., born on 05.10.1970, IIN ....., - to satisfy; to declare the search for the debtor Mashanov D.A., born on 05.10.1970, IIN ......, who previously lived at the address: Almaty, Bostandyk district, ul. 11 Shashkina street, block 51; The execution of the definition and the conduct of investigative measures should be entrusted to the Department of Internal Affairs of the Almaly district of the Department of Internal Affairs of Almaty. The Defendant does not fulfill his obligations to pay alimony. In accordance with the resolution on debt determination dated January 10, 2018, the total alimony arrears since 08/09/2017 amount to: 186,046 tenge. In accordance with clause 1, clause 1, Article 75 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family" (hereinafter referred to as the Code), parents are deprived of parental rights if they evade the duties of parents, including maliciously evading the payment of alimony. According to pp. 5 of the same paragraph, parents are deprived of parental rights if they abuse alcoholic beverages or narcotic drugs, psychotropic substances and (or) their analogues. The defendant abuses alcoholic beverages and leads a debauched lifestyle, which is confirmed by the resolution of the Administrative Division of Almaly district of Almaty No. 197511033000921 dated 02.02.2019, the Administrative Division of Almaly district of Almaty No. 197511033001831 dated 13.03.2019, according to which the Defendant was brought to administrative responsibility for drinking alcoholic beverages in a public place. Also, in accordance with the resolution of the UP of Almaly district of Almaty 197511033002999 dated 03/14/2019, the Defendant was brought to administrative responsibility for violating silence. By the resolution of the UP of Almaly district of Almaty 197511033003625 dated 19.03.2019, the Defendant was brought to administrative responsibility for violating the prohibition of tobacco consumption in certain public places.
In accordance with paragraph 11 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated April 28, 2000 No. 4 "On the application of legislation by courts in resolving disputes related to the upbringing of children," parents' avoidance of fulfilling their duties to raise children may be expressed in a lack of concern for their moral and physical development, education, and preparation for socially useful work., in malicious evasion of alimony payments. Currently, the child lives with his mother, the father last appeared more than 3 years ago. The mother has created all the conditions for living together with the child. The plaintiff has all the opportunities for the upbringing and education of his son, as well as comfortable housing for the child, which is confirmed by the characteristics from school and the act of examination of housing and living conditions, the conclusion of psychologist-teacher Orazkeldieva A.O. The defendant does not participate in the upbringing of the child, does not financially help. During all this time, he has never been interested in the fate of the child, his hobbies and interests. The defendant never cared about whether the child had the necessary supplies, clothes, or shoes. There is no close relationship of trust between the child and the father. The defendant treats the child indifferently. The child does not know and does not recognize his father. This fact is confirmed by the psychological and pedagogical characteristics of the 3rd grade student Mashanov Damir.: "According to the child, the relationship with the mother is trusting, there is mutual understanding and respect. Damir's father does not take part in the upbringing of the child and does not help financially." The actions of the Defendant, who evades his duties for the maintenance and upbringing of the child and leads a debauched lifestyle, indicate that there are grounds for deprivation of parental rights. Based on the above, the Court was asked:
To deprive ..... Darkhan Araratovich, born on 05.10.1970, of parental rights in relation to his minor son ........ Damir Darkhanovich, born on 12.11.2010. On February 11, 2020, the Specialized Interdistrict Juvenile Court of Almaty with the participation of the PLAINTIFF: .... Angelika Petrovna of the DEFENDANT: ....... Darkhan Araratovich, the body performing the functions of guardianship and trusteeship of the Almaty City Education Department PLAINTIFF'S CLAIMS: The deprivation of parental rights IN COURT INVOLVED: Prosecutor Shopshekbayeva Zh.Sh.; Representative of the plaintiff Kayshybekov M.E.; The body performing the functions of guardianship and trusteeship of the Department of Education of the city of Almaty, Otey E.A., Guided by articles 223-226 of the CPC, the court DECIDED: Claims ...... Satisfy Angelica Petrovna. To deprive of parental rights ........ Darkhan Araratovich in relation to a minor child: ....... Damir Darkhanovich, born on October 12, 2010.
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