Petition for restoration of the procedural time limit for filing an Appeal against a court decision on deprivation of parental rights
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To the Specialized Inter-District Juvenile Court
No. 2 of the Almaty region
from the Defendant: ______________ IIN: ______________. Address: ______________ Phone: ______________.
Proxy representative: Law and Law Law Company LLP
represented by CEO Kayshybekov Madiyar Yerbolatuly
BIN 190240029071 Almaty, 79 Abylai Khan ave., office 304.
info@zakonpravo.kz / www.zakonpravo.kz + 7 727 978 5755; +7 708 578 5758.
The plaintiff: ______________ IIN ______________. Address: ______________ Phone: ______________
Statement
on the restoration of the missed procedural period
On October 07, 20__ Specialized Inter-district Juvenile Court No. 2 of Almaty region, a civil case was considered for №______________ from ______________ year in the composition of the presiding judge ______________., at the secretary of the court session ______________., with the participation of the prosecutor of the Karasai district Prosecutor's Office ______________., representative of the guardianship and guardianship authority at the Bostandyk district Department of Education Almaty representative ______________., The plaintiff ______________ The defendant ______________ ., having considered the civil case on the Claim in a closed court session with the use of audio-video recording ______________., to the Defendant ______________ on the deprivation of parental rights, the Court decided: Claims ______________ to the Defendant ______________ about the deprivation of parental rights - to satisfy. Petition for restoration of the procedural term on November 30, 20__ from a Private bailiff ______________., A court decision of the Specialized Inter-District Juvenile Court No. 2 of the Almaty region was received.
In accordance with Article 27 of the Constitution of the Republic of Kazakhstan, marriage and family, motherhood, fatherhood and childhood are protected by the State. Taking care of children and their upbringing is the natural right and responsibility of parents. According to Article 75. The Code of the Republic of Kazakhstan on Marriage (Matrimony) and the family "Deprivation of parental rights" stipulates that Parents are deprived of parental rights if they: evade the duties of parents, including maliciously evade the payment of alimony, which was not taken into account and studied by the court. In August 2019, the Defendant was invited to the Specialized Interdistrict Juvenile Court No. 2 of the Almaty region on the Claim ______________., to the Defendant ______________ about the deprivation of parental rights.
After what he saw, the Defendant immediately called the Plaintiff's relatives, where he asked for an explanation about the invitation to court, as well as the fact of the deprivation of his parental rights. However, the Plaintiff's relatives reassured and assured that these were formalities, since on a psychological level the Plaintiff allegedly wanted to completely erase the Defendant from memory and allegedly the Defendant was to blame for all her neuropsychiatric illnesses. And this time, at the request of the Plaintiff's relatives, the Defendant gave his consent and subsequently signed all the necessary documents, which he confirmed at the court hearing. Petition for restoration of the procedural period After receiving on November 30, 2019 the Decision of the Specialized Inter-District Juvenile Court No. 2 of the Almaty region dated October 07, 2019 on satisfaction of the Plaintiff's claim for deprivation of parental rights of the Defendant, the latter realized his full responsibility of his moral rights and duties to the child and his future provided for in art. 73 of the Code, which stipulates that a parent living separately from a child has the right to communicate with the child, participate in his upbringing and resolve issues of the child's education and other important issues for the child.
The parent with whom the child lives should not interfere with the child's communication with another parent, if such communication does not harm the child's physical and mental health, his moral development, and subsequently the Defendant began to take an interest in the child and considered Taking into account the Plaintiff's neuropsychiatric illness., which has been getting sick for a long time and is aggravated seasonally, where prolonged treatment in appropriate medical institutions is required, and also that, if aggravated, the Plaintiff's hysterical state can damage the moral and psychological state of the child and form him as a confident person in society. 72 of the Code, parental rights may not be exercised in conflict with the interests of the child. Ensuring the interests of the child is the main concern of his parents. When exercising parental rights, parents have no right to harm the physical and mental health of the child, his moral development. Ways of raising a child should exclude neglectful, cruel, rude, degrading treatment, insult or exploitation of the child.
Petition for restoration of the procedural time limit for filing an Appeal against a court decision on deprivation of parental rights
The defendant, after consulting with his wife and relatives, DECIDED to raise his son and subsequently participate in his life and subsequently strongly intends to restore his paternal rights and is ready to bear responsibility and raise the child in his family with his younger brother. According to Article 70, "The rights and obligations of parents in the upbringing and education of a child." The child is already a student of the 1st grade of a secondary school, and the child can independently decide whether he wants to see his Father or not. In the Code of the Republic of Kazakhstan. About marriage (matrimony) and family in article 68. It provides for "Equality of rights and duties of parents" and stipulates that parents have equal rights and bear equal responsibilities in relation to their children (parental rights). In accordance with article 72. Each party must prove the circumstances to which it refers as the grounds for its claims and objections, use remedies, assert, challenge facts, provide evidence and objections to evidence within the time limits set by the judge, which correspond to the fair conduct of the process and are aimed at facilitating the proceedings – However, the Plaintiff and her relatives introduced the Defendant He, his son, and his parental rights were deceptively and fraudulently deprived.
Petition for restoration of the procedural term Article 123. CPC RK "Termination of procedural terms" stipulated: 1. The term calculated in years expires on the corresponding month and date of the last year of the term. 2. The term calculated in months expires in the corresponding last month of the term. If the end of the period calculated in months falls on a month that does not have a corresponding date, the period expires on the last day of that month. 3. The period calculated in days expires on the last day of the established period. 4. In cases where the last day of the term falls on a non-working day, the day of the end of the term, calculated in years, months and days, is considered to be the next working day. 5. A procedural action for which a time limit has been set may be performed up to twenty-four hours on the last day of the time limit. If the complaint, documents, or sums of money were deposited by post, telegraph, or other means of communication before twenty-four hours on the last day of the deadline, the deadline is not considered missed. 6. If the procedural action is to be performed directly in court, the time limit expires at the hour when work ends in court according to the established rules of internal regulations. 7. The procedure for calculating the procedural time limits provided for in this article also applies to electronic documents submitted to the court. According to paragraph 5, art. 403, of the CPC RK, appeals and the prosecutor's petition are filed through the court that issued the decision. The complaint, the petition of the prosecutor, received directly by the appellate instance, are subject to referral to the court that issued the decision in order to comply with the requirements of part two of this Article and Article 405 of this Code. The issue of restoring the time limit for filing an appeal or filing an appeal by a prosecutor is considered by the court of first instance in accordance with the procedure provided for in Article 126 of this Code.
The time limits established by this Code may be restored by the court if they are missed for reasons recognized by the court as valid. The court is obliged to restore the missed deadline specified in the second part of this article for appealing judicial acts, bringing petitions or protests by the prosecutor in case of violation of the law by the court or judicial acts limiting the possibility of a participant in the process to protect their rights and legitimate interests (late sending of a copy of the judicial act to a person participating in the case; ignorance of the language of legal proceedings, if the judicial act has not been translated into a language that the person speaks; incorrect registration of succession), as well as in the presence of other circumstances that prevented timely filing a complaint, bringing a petition or protest to the prosecutor. An application for restoration of the missed procedural period is submitted to the court in which the procedural action was to be performed, no later than one month from the day when the applicant became aware of the violation of his rights or legitimate interests. 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. 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.
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.
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