TO THE SPECIALIZED INTERDISTRICT COURT FOR JUVENILE CASES OF ALMATY
Plaintiff: AAAIIN ....Almaty, Nauryzbay District,Microdistrict
.., .. Street, Building 40Tel.: 8705...E-mail: arman.abdybekuly@gmail.com
Plaintiff’s Representatives:
Advocate Galymzhan Turlybekovich SarzhanovAdvocacy Office
“Zakon i Pravo”BIN 201240021767Office 304, 79/71
Abylai Khan Avenue, AlmatyTel.: 87085785758
Advocate Sabit Davletovich NigmetovIIN 82012535070Office 304,
79 Abylai Khan Avenue, AlmatyTel.: 87009785755
Defendant: SGZhIIN ....
Almaty, Nauryzbay District,Microdistrict ..-2, .. Street, Building 162Tel.: 8701...
Third Party:Municipal State Institution“Department for the
Protection of Children’s Rights of Almaty”
STATEMENT OF CLAIM
FOR DETERMINING THE PROCEDURE FOR COMMUNICATION WITH A MINOR CHILD
I, AAA, am the father of the minor AAA, born on 30 September 2015.
Pursuant to Articles 60, 61, 68, 70 and 73 of the Code of the Republic of Kazakhstan “On Marriage (Matrimony) and Family” (the “Code”), a child has the right to communicate with both parents, while a parent living separately from the child has the right to communicate with the child, participate in the child’s upbringing and education, and participate in resolving other important matters concerning the child’s life.
Pursuant to Article 60 of the Code, every child has the right to live and be raised in a family, to know his or her parents, to receive their care, to be raised by both parents, and to have conditions for the comprehensive development of his or her personality.
Pursuant to Article 61 of the Code, a child has the right to communicate with both parents, grandparents, brothers, sisters and other relatives regardless of whether the parents live separately.
Pursuant to Article 68 of the Code, parents have equal rights and bear equal obligations with respect to their children.
Pursuant to Article 73 of the Code, a parent living separately from the child has the right to communicate with the child, participate in the child’s upbringing and participate in resolving issues concerning the child’s education and other important matters of the child’s life. The parent with whom the child resides must not prevent such communication unless it causes harm to the child’s physical or mental health or moral development.
For 6.5 years, my daughter continuously resided with me.
Throughout this period, I was directly and daily involved in her upbringing, education, development and the organization of her everyday life.
For me, parenthood has always meant not merely the obligation to provide financial support for my child, but also a daily responsibility for shaping my daughter’s personality, moral values, worldview, communication culture, attitude towards education and future profession.
I paid particular attention to my child’s education.
Seeking to create conditions for my daughter to realize her abilities and receive a quality education, I was continuously involved in selecting educational programs, monitored her educational process, maintained communication with teachers and created the necessary conditions for her studies.
At my initiative, my daughter was admitted to the preparatory school at Nazarbayev Intellectual School.
I intend to continue taking an active part in my daughter’s educational process, creating conditions for the development of her intellectual potential, and bearing all expenses related to her education, additional preparation and development.
Throughout the entire period of raising my daughter, I sought to develop her cognitive interest in the world around her, broaden her horizons, foster respect for history, culture and traditions, and instill in her a desire for self-development and achievement of her goals.
For this purpose, we regularly took trips and traveled together and visited cultural, historical and educational sites, which contributed to the child’s intellectual and personal development.
As a father, I am interested not only in my daughter’s present well-being, but also in her future. My goal has always been to create conditions for her to receive a decent education, develop her natural abilities, establish strong moral values and independent thinking, and prepare her for a successful adult life.
Over the years of living together, a strong emotional bond has developed between my daughter and me, based on trust, mutual affection, daily communication and my constant involvement in her life.
Evidence of the Father’s Participation in the Child’s Upbringing
The circumstances of my active involvement in my daughter’s life are confirmed by references and character statements issued by Municipal State Institution “Gymnasium No. 132” and its teachers, who have taught my child for several years.
The references issued by the school and class teachers demonstrate that I was the primary parent interacting with the school regarding the child’s education, upbringing and development.
The references confirm that I:
- regularly attended parent-teacher meetings;
- maintained constant communication with class teachers;
- took an interest in my daughter’s academic performance and behavior;
- participated in school events;
- accompanied the child to school and picked her up after classes;
- responded promptly to teachers’ recommendations;
- directly participated in the child’s educational process.
According to the references, throughout her period of study the child demonstrated high academic performance, discipline, good manners, friendliness and a responsible attitude toward her studies.
According to the psychological assessment issued by the educational psychologist of Municipal State Institution “Gymnasium No. 132,” the child’s level of mental development corresponds to her age, her emotional state is stable, and there are no signs of anxiety, aggression, emotional instability or social maladjustment.
The above is also confirmed by references issued by the Parents’ Committee and neighbors.
Thus, my long-term involvement in the child’s upbringing contributed to the creation of favorable conditions for her comprehensive intellectual, emotional and social development.
In addition, the child’s paternal grandmother actively participated in her upbringing and development, and the child has also developed warm and stable family relations with her.
For the purpose of resolving the dispute out of court, I applied to the guardianship and trusteeship authority of the Nauryzbay District of Almaty. My application was subsequently referred to the Municipal State Institution “Department for the Protection of Children’s Rights of Almaty.”
On 9 June 2026, I was provided with a decision of the Municipal State Institution “Department for the Protection of Children’s Rights of Almaty” determining the procedure for communication with the child.
However, the said decision did not, in fact, resolve the dispute between the parents. I also disagree with the decision of the guardianship authority.
The issue of communication during school holidays, public holidays and the child’s birthday was made dependent upon the parents reaching an additional agreement.
However, no such agreement exists.
Moreover, following the issuance of the decision by the guardianship authority, the dispute between the parents remained unresolved, which makes it impossible to fully exercise the child’s right to communicate with her father.
In fact, the decision of the guardianship authority contains only general recommendations and does not provide certainty regarding communication between the child and her father during significant periods of the child’s life.
Therefore, it has become necessary to resolve the dispute through judicial proceedings.
This Statement of Claim is not aimed at restricting the rights of the child’s mother.
The purpose of applying to the court is to protect the child’s interests, preserve the existing emotional bond between the father and daughter, and ensure my continued participation in the child’s upbringing, education and development.
Establishing a specific and enforceable procedure for communication will eliminate further disputes between the parents and provide the child with stability, predictability and an opportunity to maintain full-fledged relationships both with me and with my relatives.
Furthermore, Articles 61 and 73-1 of the Code of the Republic of Kazakhstan “On Marriage (Matrimony) and Family” establish the child’s right to communicate with grandparents and other relatives.
Therefore, maintaining the child’s communication with her grandmother is in the best interests of the child and contributes to preserving her family ties.
Based on the foregoing, I respectfully request the Court to:
1. Determine the following procedure for communication between AAA and the minor AAA, born on 30 September 2015:
a) every Friday from 9:00 p.m. until Sunday at 9:00 p.m.;
b) on public holidays, by agreement between the parents, from 9:00 a.m. until 9:00 a.m. of the following day;
c) on the father’s birthday — annually on 14 April, from 9:00 a.m. until 9:00 a.m. on 15 April;
d) on the birthday of the child’s paternal grandmother — annually on 5 July, from 9:00 a.m. until 9:00 a.m. on 6 July;
e) annually on 7 May from 9:00 a.m. until 9:00 a.m. on 8 May;
f) during the autumn, winter and spring school holidays — during the second half of the respective holiday period;
g) during the summer school holidays — annually from 15 July through 31 August.
Attachments:
- Receipt confirming payment of the state duty.
- Copy of the identity card of AAA.
- Birth certificate of AAA.
- Decision of the Municipal State Institution “Department for the Protection of Children’s Rights of Almaty.”
- Certificate confirming the absence of records of registration with a narcological dispensary.
- Certificate confirming the absence of records of registration with a psychoneurological dispensary.
- Certificate of no criminal record.
- Certificate confirming ownership of immovable property (residential house).
- Information on the state registration of the legal entity LLP “Al.”
- Reference issued by Municipal State Institution “Gymnasium No. 132” concerning AAA.
- Reference issued by Municipal State Institution “Gymnasium No. 132” concerning AAA.
- Reference issued by class teacher A.S. Kanasheva.
- Reference issued by class teacher A. Mukasheva.
- Reference issued by class teacher A.A. Oshurova.
- Reference issued by the educational psychologist of Municipal State Institution “Gymnasium No. 132.”
- References issued by the Parents’ Committee and neighbors.
- Photographs confirming the Plaintiff’s participation in the child’s upbringing and development.
- Power of attorney issued by G.Zh. Sirikova to K. Mukhametzhanova.
- Letter from the preparatory school at Nazarbayev Intellectual School confirming successful completion of the competitive selection process.
- Power of attorney issued in the name of G.T. Sarzhanov.
- Notice of representation by G.T. Sarzhanov.
- Advocate’s certificate of G.T. Sarzhanov.
- Certificate of state registration of the Advocacy Office “Zakon i Pravo.”
- Power of attorney issued in the name of S.D. Nigmetov.
- Notice of representation by S.D. Nigmetov.
- Advocate’s certificate of S.D. Nigmetov.
Plaintiff __________________ AAA
Representative __________________ G.T. Sarzhanov
19 June 2026
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