Objection to the objection (review) the defendant's claim for deprivation of parental rights
Attention! The Law and Law Law Company draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation. For more information, please contact a Lawyer/Lawyer by phone; +7 (708) 971-78-58; +7 (727) 971-78-58.
Specialized Inter-district Juvenile Court of Almaty
To Judge Kenesova S.Zh.
from the plaintiff: .......... IIN: 8210084......... Almaty, ul. ..........., 171A, block 15.
Proxy Representative: Law and Law Law Firm
BIN 201240021767 Almaty, 79/71 Abylai Khan Ave., office 304.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 578 57 58; +7 708 578 57 58.
The defendant: ....... IIN: 880715......... Almaty, ul.........
41 Polyana Street, (registered) + 7 999 .............
Objection
to the objection (review) the defendant's claim for deprivation of parental rights
There is a civil case in your proceedings No. 7530-21-00-2/452 dated 12/28/2020 on the claim of ...... N.T. (hereinafter referred to as the Plaintiff) to ........ M.G., (hereinafter referred to as the Defendant) on deprivation of parental rights. In this civil case, the Defendant filed an objection (withdrawal) to the statement of claim for disagreement with the arguments and claims of the Plaintiff. We completely disagree with the Defendant's arguments challenging the claims. The Defendant's argument that he and the Plaintiff are in hostile relations, while the Plaintiff intentionally prevents him from communicating with his son; he does not allow his close relatives to communicate or see the child; he does not pick up the phone from him and his relatives, does not open the apartment door, is untenable and unfounded and is refuted by Whatsapp correspondence between parents, relatives of the Defendant and the Plaintiff, joint photographs of parents, relatives of the Defendant, the Plaintiff, the child, on the contrary, testifying to their close communication, joint meetings, participation in annual family events; if necessary, the same relatives of the Defendant can confirm the Plaintiff's arguments. The argument The Defendant's claim that he is physically unable to pay alimony for the maintenance of his child due to an obstacle by the Plaintiff, since the Defendant receives income in the territory of the Russian Federation, and not in Kazakhstan, is absurd and does not fit into the framework of reasonableness, since previously the executive document on the recovery of alimony was in the production of a private bailiff. districts of Almaty Tulebekova N.A.
Objection to the objection (review) the defendant's claim for deprivation of parental rights By the ruling of the Alatau District Court of Almaty dated 10.06.2019. The defendant was put on the wanted list, and the execution and conduct of investigative measures were entrusted to the internal affairs bodies. As a result, the Defendant himself called the CSI via the Whatsapp mobile application and sent him documents confirming permanent residence in the Russian Federation and 2 receipts for a one-time alimony payment in the amount of 100,000 (one hundred thousand) tenge on December 15, 2016, indicating the Plaintiff's account details for alimony payments, which confirms that the Defendant has the above-mentioned details for alimony payments., and the CSI , in turn, sent a debt resolution and a notice of performance of obligations with the details for debt repayment – which can be confirmed by the CSI Tulebekov N.A. It should be noted that the specified payment in the amount of 100,000 tenge is the only alimony payment by the Defendant for the period from 2016 to the present day.. The argument The Defendant's refusal of the Plaintiff to provide the details of his accounts for the transfer of alimony is extremely unconvincing and untenable, since the Defendant has known the details of the Plaintiff for debt repayment since 2016, which have not changed to this day, and if desired, starting from 2016 to the present, the defendant had the opportunity to voluntarily pay alimony for maintenance. the child, as well as to pay off the existing debt. In accordance with paragraph 2 of Article 70 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family", parents are obliged to take care of their child's health and are responsible for ensuring the necessary living conditions for his physical, mental, moral and spiritual development. The Defendant's residence on the territory of the Russian Federation in no way hinders the fulfillment of his obligations to fulfill his parental obligations, including ensuring the necessary living conditions for his physical, mental, moral and spiritual development, taking into account also the fact that he has a permanent job in the Limited Liability Company Lex-Stroy (permanent income). The Defendant's claim about his unsuccessful attempt to transfer funds to the Plaintiff for the maintenance of the child through money transfer systems between countries and return them back to him is also unfounded, not supported by relevant documents, which indicates that it is not true.
72 of the Civil Procedure Code of the Republic of Kazakhstan, each party must prove the circumstances to which it refers as the grounds for its claims and objections, assert, dispute the facts, provide evidence and objection to evidence that correspond to the fair conduct of the process, however, the arguments given by the Defendant contradict the requirements of good faith of the specified article, are They are untenable, unfounded, and do not stand up to any criticism. In accordance with Part 4 of Article 8 of the Civil Code of the Republic of Kazakhstan, citizens must act in good faith, reasonably and fairly in exercising their rights, observing the requirements contained in the legislation and the moral principles of society, this obligation cannot be excluded or limited by contract. Good faith, reasonableness and fairness of the actions of participants in civil law relations are assumed. According to paragraph 12 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated 29.11.2018. No. 15 "On the application of legislation by courts in resolving disputes related to the upbringing of children" "Parents may be deprived of parental rights on the grounds provided for in article 75 of the Code only in the case of their culpable behavior. Parents' avoidance of fulfilling their responsibilities for raising children can be expressed in a lack of concern for their moral and physical development, education, preparation for socially useful work, and malicious evasion of alimony payments."
Objection to the objection (review) the defendant's claim for deprivation of parental rights
Defendant's actions ..............., those who evade their responsibilities for the maintenance and upbringing of a child, including those who maliciously evade alimony payments, indicate that there are substantial grounds for the deprivation of parental rights. Considering the above and, in accordance with Articles 8 of the CPC RK, 70, 75.76 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family", I ask the court:
Satisfy the claims for deprivation ..........., 15.07.1988 year of birth, parental rights in relation to ............., 05 born in December 2013.
Sincerely, Representative by Proxy Lawyer: __________/ Sarzhanov G.T. "___"_________2021 the year
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
