Simultaneously with the claims for establishing paternity, the plaintiffs claim child support.
An indication of the immediate execution of the court's decision regarding the recovery of alimony in accordance with Article 243 of the CPC is contained in all court decisions. The operative part of the court's decision, which satisfied the claim for establishing paternity in order to make appropriate changes to the birth certificate of the child and issue a new birth certificate of the child, must contain comprehensive information to fill in the record of the child's parents. According to article 211 of the Code, when state registration of paternity is established by a court decision, information about the father is indicated in accordance with the court decision. The father's place of permanent residence and his place of work, if this information is not specified in the court decision, may be recorded from the applicant's words. In the absence of information about the nationality of the father in the court decision, the nationality column in the record of the act of establishing paternity is filled in on the basis of an identity document. The child's surname is assigned in accordance with a court decision, and in the absence of such a record - at the direction of the applicant.
Simultaneously with the claims for establishing paternity, the plaintiffs claim child support.
In the event of a dispute on this issue, the surname is recorded by a court decision. Basically, in this category of cases, the courts correctly formulate the operative part of the decision. However, there are cases of incorrect presentation of the operative part. So, the Taranovsky district court of the Kostanay region considered the claim of Z. to I. for establishing paternity and collecting alimony for the maintenance of a child. The court stated in the operative part: "To satisfy Z.'s claim to I. for establishing paternity and collecting alimony for the maintenance of a minor child. To establish the fact of paternity of I., born in 1977, a native of Kostanay region, a Kazakh, in relation to his son, R., born on October 23, 2016." The court should have said "establish paternity" rather than "establish the fact of paternity." For example, in the case of K.'s claim against M. for establishing paternity and collecting alimony, the court stated the operative part as follows: "To establish the paternity of M., born on October 29, 1978, in respect of the minor child A., born on July 16, 2017." In another case, according to the claim of B. to M. On establishing paternity and collecting alimony, the court decided: "To establish the paternity of M., born on September 12, 1984, a native of Aktobe region, Kazakh by nationality, IIN: 840912302966, in respect of R., born on October 15, 2010, IIN:101015502222, born to B. on January 21, 1995." It seems that the operative part of the court's decision should be stated as follows: "Satisfy the statement of claim of the Full name to the Full Name for establishing paternity and collecting alimony for the maintenance of a minor child. To establish the paternity of the Full name, date and year of birth, place of birth, nationality, IIN, in relation to the full name of the child, date and year of birth, IIN, born to the Full name, date and year of birth."
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
