Response to the Claim for the child's removal to the juvenile Court
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To the Specialized Inter-district Juvenile Court No. 2 of the Almaty region.
Almaty region, Karasai district, Kaskelen city, Momysh uly St.
5. 8 (7277) 17 99 30
from the Defendant: xxxxxxxxxx IIN xxxxxxxx Almaty region, xxxxxxxxxxxx
Proxy Representative: Law and Law Law Firm
BIN 201240021767 Almaty, 79 Abylai Khan ave., office 304. info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 971 78 58; +7 708 971 78 58.
Plaintiff: xxxxxxxxxx and IIN xxxxxxxxxx Almaty region, xxxxxxxxxxxxxx +7 705 xxxxxx; +7 707 xxxxxx
Feedback
on the statement of claim
You have a civil case No. 1996-21-00-2/106 dated 02/03/2021 on the claim of xxxxxxxxxxxx (Hereinafter referred to as the Plaintiff) against xxxxxxxxxx (Hereinafter referred to as the Defendant) on the removal of a child from other persons. The plaintiff in the Statement of Claim argues that he lived with xxxx VA, in a civil marriage for two years. However, dear Court, in fact, xxxxxx V.A., lived with the Plaintiff for only about four months. From living together on October 26, 2012, xxxxxx V.A. had a son. The Plaintiff's arguments that xxxxxx V.A. left for no reason are considered false, since xxxxxx V.A. 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. 20-537-19-0000086 dated May 20, 2019, xxxxxxxxxxxx died on May 14, 2019.
Response to the Claim for the child's removal to the juvenile Court
On May 22, 2020, the Specialized Interdistrict Juvenile Court No. 2 of the Almaty region, Zh.A., having considered the civil case No. 1996-20-00-2/317 in a closed court session, the Court decided: - To satisfy the xxxxxxxx claim to the Guardianship and Guardianship Authority of the Balkhash district of the Almaty region and xxxxxxxx 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 V.A.'s death, xxxxxxxxxx (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 V.A. 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 V.A.'s death, the Defendant became the guardian, and this is true, as there is a corresponding document on guardianship. In accordance with the above–mentioned decision, where the Plaintiff is the father of a minor child, Ya.V., which is also confirmed by the experts' conclusion, where they concluded that the probability of true paternity for a citizen of xxxxxxxx in relation to a child of xxxxxxxx is 99.9999%.
Response to the Claim for the child's removal to the juvenile Court
The Code "Equality of Spouses in the Family" stipulates 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. 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 October 23, 2020, we sent an application to the Balkhash District Court of the Almaty region for a court order to recover alimony from E...V. Subsequently, after the objection by Plaintiff A.V. On October 26, 2020, the Judge of the Balkhash District Court of the Almaty region, Zh.A., having considered the debtor's application. A.V., 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 dated October 26, 2020 on the recovery from A.V., in favor of V.A., alimony for the maintenance of a minor child – to 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, Zh.A., having considered civil case No. 1936-20-00-2/172 on the claim of xxxxxxxx to xxxxxxxx for the recovery of alimony for the maintenance of a minor child, the Court decided to satisfy the Claim. On 12.01.2021, Svetlana Vladimirovna Narymova, a private bailiff of the Almaty region, having reviewed the writ of execution issued on the basis of Judicial Act No. 1936-20-00-2/172-1 dated 08.01.2021, decided to initiate enforcement proceedings No.27/21-19-5328 . We found out that the Plaintiff in enforcement proceedings No. 1936-20-00-2/172-1 dated 08.01.2021 does not perform properly, thus showing a gesture of evading the court's decision and denying financial assistance to his son.
Response to the Claim for the child's removal to the juvenile Court
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 your information that Yaroslav Viktorovich has been living with his guardian for a considerable time, does not complain about his living conditions, studies at a good school and communicates cheerfully with his friends. 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. According to art . 166 CPC RK, 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. Based on the above, guided by art. 166 of the CPC RK, I ASK THE COURT:
Claim xxxxxxx to xxxxxxx for the removal of the child from others - to deny the claim.
Sincerely, 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.
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