On determining the permanent place of residence and on taking the child away from the legal Guardian
The Defendant addressed the office of the law firm in this case, where gr. The EAV (Hereinafter referred to as the Plaintiff) filed a lawsuit against the gr. ZVA (Hereinafter referred to as the Defendant) for the removal of the child from other persons. The plaintiff argued in the Statement of Claim that he lived with his ex-wife gr......, from living together on October 26, 2012, gr. wife gr........, a son was born. According to the record of the birth certificate, the son is gr......., born on October 26, 2012, information about the father is not indicated, the mother is indicated in the column. ........... According to the record of the death certificate, my mother died on May 14, 2019. By the decree of Akim of Balkhash district of Almaty region dated September 10, 2019 for No.... guardian of a minor child ................ A Defendant has been appointed.
The decision of the specialized inter-district Juvenile Court No. 2 of the Almaty region dated May 22, 2020 established the paternity of the Plaintiff in relation to his son, born on October 26, 2012. It was decided to amend the act entry for No. 10-134-12-0000471 on the birth of a son., the child's last name should be changed to ..........., write the child's patronymic as - Anatolyevich, in full as – .................. In the father column, specify the last name of the Plaintiff. The child's name, date, month, year, and place of birth remained unchanged. By the resolution of the Judicial Board for Civil Cases of the Almaty Regional Court dated September 24, 2020, the decision of the specialized Interdistrict Juvenile Court No. 2 of the Almaty region dated May 22, 2020 remained unchanged. The plaintiff..... He filed the above claim with the court, stating that the minor child is dependent on him, the defendant does not provide financial assistance in the maintenance of the child. Having disagreed with the Plaintiff's claims, we sent a Response to the lawsuit to the court, where we motivated our arguments as follows:
There is a civil case pending before the court №.......... dated 02/03/2021 according to the Plaintiff's claim ............... ( Next– the Plaintiff) to the Defendant ........... (Hereinafter referred to as the Defendant) about taking the child away from other persons. The plaintiff in the Statement of Claim argues that he lived with the child's mother in a civil marriage for two years. However, dear Court, in fact, the child's mother lived with the Plaintiff for only about four months. From living together on October 26, 2012, my mother's son was born. The plaintiff's arguments that the child's mother left for no reason are considered false, since the child's mother previously claimed that she left because it was not possible to live with the Plaintiff due to the dissimilarity of character and the complete lack of financial assistance to her son and wife. According to the death certificate entry no........ On May 20, 2019, the child's mother died on May 14, 2019. On May 22, 2020, the Specialized Interdistrict Juvenile Court No. 2 of the Almaty region, J.A. Beimbetova, considered a civil case in a closed court session. №........., The Court Decided: - To satisfy the Plaintiff's claim to the Guardianship and Guardianship Authority of the Balkhash district of the Almaty region and the Defendant on establishing paternity. Dear Court, it is necessary to note the fact that the Plaintiff in the Lawsuit claims that from the moment the child was born, he had paternal feelings. However, at the time of the death of the child's mother, the son (hereinafter referred to as the Son) was already 7 years old and for seven years the Plaintiff did not even deign to see his son, and did not participate in the upbringing and life of the child. Moreover, he did not provide any moral and material assistance to his wife and son. The child was fully supported by his mother. We consider the arguments that the child's mother did not give her the opportunity to see her son to be unfounded. The plaintiff saw his son only once, and that was during the establishment of paternity, during DNA tests.
To our surprise, until today, after the Court established paternity, the Plaintiff did not deign to contact us about making adjustments for further registration with the relevant state authorities. This fact indicates that the Plaintiff has no responsibility. The Plaintiff also argues in the Lawsuit that his son lives illegally with the Defendant. Dear Court, we consider the Plaintiff's arguments to contradict his own Statement of Claim, since in the Claim the Plaintiff writes that after the death of the child's mother, the Defendant became the guardian, and this is true, as there is a corresponding document on guardianship. In accordance with the above decision, where the Plaintiff is the father of a minor child ........, which is also confirmed by the experts' conclusion, where they concluded that the probability of true paternity for the Plaintiff's citizen in relation to the child ................. is 99.9999%. The Marriage (Matrimony) and Family Code ensures "Equality of spouses in the family," where it is stipulated that spouses enjoy equal rights and bear equal responsibilities. The spouses are obliged to build their family relationships on the basis of mutual respect and mutual assistance, to promote the well-being and strengthening of the family, to take care of the health, development of their children and their well-being, which has been maliciously ignored by the Plaintiff for a long time. Article 70 "The rights and duties of parents in the upbringing and education of a child" of the Code stipulates and obliges that Parents are obliged to take care of their child's health and are obliged to raise their child and are responsible for ensuring the necessary living conditions for his physical, mental, moral and spiritual development.
On determining the permanent place of residence and on taking the child away from the legal Guardian
Unfortunately, the Plaintiff lived and lives by himself, all his life all the money earned by the Plaintiff is spent on his own unknown needs. All family expenses are borne by the Defendant. Since the filing of the claim for establishing paternity, the Plaintiff has never provided the child with material, financial assistance or moral support. Accordingly, once paternity was established by the Plaintiff, on 10/23/2020 we sent an application to the Balkhash District Court of the Almaty region for a court order to recover alimony from the Plaintiff. Subsequently, after the objection, by the Plaintiff ........ On October 26, 2020, the judge of the Balkhash District Court of the Almaty region, Beysenbina Zh.A., having considered the application of the debtor of the Plaintiff., on the cancellation of the court order of the Balkhash District Court of the Almaty region - The judge determined - The court order of the Balkhash District Court of October 26, 2020 on the recovery from the Plaintiff., in favor of the Defendant., alimony for the maintenance of a minor child – cancel. Dear Court, we also ask you to note the fact that the Plaintiff does not intend to provide and pay alimony for the maintenance of his minor son, as evidenced by his abovementioned objection to the court order dated October 26, 2020 on the recovery of alimony. Subsequently, we wrote a Statement of Claim to the Balkhash district Court of the Almaty region. On January 8, 2021, the Balkhash District Court of the Almaty region of Beysenbina Zh.A., having considered the civil case №......... according to the Defendant's claim to the Plaintiff for the recovery of alimony for the maintenance of a minor child, the Court Decided to satisfy the Claim. On 12.01.2021, the private bailiff of the Almaty region, Svetlana Vladimirovna Narymova, examined the writ of execution issued on the basis of judicial act No. ..... dated 08.01.2021, Decided to initiate enforcement proceedings №.................. We found out that the Plaintiff in the enforcement proceedings №............ on 01/08/2021, he does not perform properly, thus showing a gesture of evading the court's decision and denying financial assistance to his son.
We consider it absurd to demand that the Defendant/guardian's son be taken away from him. We believe that to begin with, the child first needs to establish a relationship with an established father. The child has not seen the Plaintiff all his life, so we believe that the child is not psychologically ready to accept the Plaintiff as a father. We believe that the Plaintiff first needs to pay child support, as well as establish contact, and this contact should be organized by the guardianship authorities. And after this procedure, think about the child's place of residence. Dear court, I would also like to note for information that the child has been living with a guardian for a considerable time, does not complain about living conditions, studies at a good school and communicates with friends cheerfully with them. The guardian provides for all the needs of the child.
We believe that making a decision to change location, and especially living with a person you've only met once, will destroy a child's entire life and cause psychological trauma for the child. We also believe that the Plaintiff violates the requirements of good faith, reasonableness and fairness provided for in Part 4 of Article 8 of the Civil Code of the Republic of Kazakhstan. In accordance with Article 8 of the CPC, everyone has the right to apply to the court for protection of violated or disputed constitutional rights, freedoms or protected interests. In accordance with Article 15 of the Civil Procedure Code of the Republic of Kazakhstan, the parties choose their position, ways and means of defending it independently and independently of the court, other bodies and persons during civil proceedings. By virtue of Article 13 of the Constitution of the Republic of Kazakhstan, everyone has the right to defend their violated or disputed rights, freedoms or legally protected interests. 166 of the Civil Procedure Code of the Republic of Kazakhstan, where the defendant submits to the court a response to the statement of claim with attached documents that refute the arguments regarding the claim, as well as copies of the response and the documents attached to it.
On determining the permanent place of residence and on taking the child away from the legal Guardian
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