Deprivation, restoration, or restriction of parental rights
In accordance with the requirements of family and marriage legislation, namely the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family", parents are obliged to take care of their children's health, educate them, provide living conditions necessary for the physical, mental, moral and spiritual development of children, and ensure that children receive secondary education. The issues of restoration of parental rights are regulated by the requirements of art.78 of the said Code.
Parents can be reinstated in their parental rights if they have changed their behavior, lifestyle, and attitude towards raising a child. The issue of restoration is considered in court with the mandatory participation of the guardianship and guardianship authorities and the prosecutor. At the same time, restoration of parental rights in respect of a child who has reached the age of 10 is possible only with his consent.
According to paragraph 16 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 4 dated April 25, 2000 "On the application of legislation by courts in resolving disputes related to the upbringing of children", it is clarified that when considering claims for restoration of parental rights, courts must find out whether the behavior and lifestyle of parents and their attitude to parenting have changed.
Regarding one decision, on the refusal to satisfy the application for restoration of parental rights, it follows that the plaintiff, Z-kaya S.V. she appealed to the specialized interdistrict juvenile Court of the Akmola region with a claim to the State Department of Education, Physical Culture and Sports of the Egindykol district for the restoration of parental rights in relation to minor Z., born on July 13, 2010, indicating that by the Decision of the Specialized Interdistrict Juvenile Court of the Akmola region dated March 27, 2013, she was deprived of parental rights in connection with due to the fact that she did not fulfill the duties of raising and maintaining her child, led an immoral lifestyle, and abused alcoholic beverages., She did not work, did not create living conditions for the child. She is currently living with K. in his registered home, does not drink alcohol, and has enrolled in an Agricultural college. At the same time, she changed her behavior and lifestyle, as well as her attitude towards raising a child. Currently, she has been living with her roommate K. and his parents for more than a year. The marriage between her and her roommate has not been concluded, because she herself does not want to. The house in which she lives belongs to the parents of her roommate, which has all the necessary conditions for living and raising a child. But she cannot get a job during the study period, as she underwent appendicitis surgery in July 2014, after which she was unable to work for six months, and is studying at an Agricultural Engineering college with a degree in salesman. After being deprived of her parental rights, she visited her daughter at the orphanage once in July 2013. During the visit, the child cried a lot, so she was forbidden to visit him, so as not to traumatize her psyche. Later, she called the orphanage several times, but was told that the child had been placed in custody. She tried to find out the details of the child's guardians, but she was refused. In September 2014, she paid the child support arrears in full in the amount of 65,695 tenge in a single payment.
According to Article 78 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family", parents can be restored to parental rights if they have changed their behavior, lifestyle and attitude towards raising a child. However, no relevant evidence was presented to the court.
The State Institution "Department of Education of the Burabaysky district" has given a reasoned negative conclusion. For one year and six months, the mother visited the child once in July 2013 in the presence of a babysitter, but the child did not go to his mother, began to cry, and after she left, they could not calm him down for a long time. No one forbade Z. dating a child. After that, she did not come, did not apply, did not provide assistance. The plaintiff rarely called the children's home, mostly her roommate K.. Now the child lives in a normal family, she feels good there, the child has become completely different. The orphanage opened an account for the child, but no funds were received. Z. has been registered with a doctor with a diagnosis of "Mental and behavioral disorders as a result of alcohol consumption, addiction syndrome" since 05/14/2013. In case of addiction syndrome, in order to fully recover, you need to undergo inpatient treatment. According to the certificate from the district hospital dated 09/23/2014, Z. has been registered with a narcologist since 05/14/2013 with a diagnosis of "Mental and behavioral disorders as a result of alcohol consumption, addiction syndrome." For the period from 05/14/2013 to 09/23/2014 The plaintiff did not receive inpatient treatment.
In order for the plaintiff to be removed from the register, she must comply with the doctor's requirements for 5 years, not drink alcoholic beverages, and undergo a full course of rehabilitation. Assume that Z. She has recovered from alcohol addiction and she cannot go into remission, as little time has passed. Z. It is too early to take the child away, as the psychiatrist notes, that the child has already forgotten her face and for him this will serve as a mental disorder.
According to the claim of Z. on the restoration of parental rights, filed 8 months after the date of deprivation of her parental rights by the court on 25.11.2013, a decision was made to dismiss the claims. The plaintiff goes to court again, for the restoration of her parental rights only after 11 months.
The court found that on the basis of the decree of the akim of the Burabay district dated 09/10/2013, the child was transferred to the custody of citizens of the Republic of Kazakhstan.
Thus, it was established that the plaintiff did not provide financial assistance to the child either through alimony payments or other means and methods, although she was aware that the child was ill and was registered with a neurologist who needed treatment.
The court found that Z. She does not work, has no home of her own, and has been living with K. for more than one year and lives in his parents' house. At the same time, they are in no hurry to enter into a legal marriage. These circumstances indicate the unstable position of the plaintiff in this family. In addition, according to the medical certificate dated 24.09.2014. plaintiff K.'s roommate is a group 3 disabled person and is registered with a neurologist on grade 7 with a diagnosis of grade 2 post-traumatic encephalopathy. Hypertensive, discordant, convulsive syndrome with frequent generalized seizures." It was also noted that in order to resolve the issue of whether this disease hinders the upbringing of a child, an inpatient examination of the patient in AOPB conditions is necessary.
At the same time, the court was not provided with information that K. had undergone such an examination and had no contraindications for raising a child.
The young Z. was admitted to the orphanage at the age of 2 years and 7 months, her weight and height did not correspond to her age. The child was extremely neglected, pronounced only the initial syllables of words, the child had a delay in speech and psychomotor development. The child is currently living with the guardians, who, with their attitude and care, have provided the necessary conditions and treatment to restore his health. The child started talking, calls the guardians mom and dad, attends kindergarten.
Thus, in this case, the court also correctly decided that the restoration of the plaintiff's parental rights seriously injures the mental and physical health of the child, since the plaintiff, from the day of deprivation of parental rights, has not taken the necessary measures to restore parental rights, such as creating stable housing and living conditions for the upbringing and maintenance of the child, de-registration of the narcologist, as well as establishing contact with the child. Consequently, the formal presentation of claims for restoration of parental rights cannot be the basis for their satisfaction.
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