What should I do if my ex-spouse forbids me to see my children underage
Attention! The Law and Law Law Company draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation. For more information, please contact a Lawyer/Lawyer by phone; +7 (708) 971-78-58; +7 (727) 971-78-58.
To the prosecutor of the Auezovsky district of Almaty from: ______________________
IIN ________________ address: ____________________ tel.: __________________
Proxy representative: Law and Law Law Company LLP
represented by General Director M.E. Kaishybekov BIN 190240029071
Almaty, Zhibek Zholy ave., 50, office 202, Business center Quarter info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 978 5755; +7 700 978 5755
Statement
about the violation by the mother of the children's rights to communicate with the father
_________________________ and _________________________ were in a registered marriage with ___________ They have two minor children from their marriage _________________________ ___________ G.R. and _________________________ ___________ born on__ March 20, District Court no.2 Auezovsky district of Almaty city as a part of the presiding judge
What should I do if my ex-spouse forbids me to see my children underage
_________________, having considered in open court the civil case on the claim _________________________ to _________________________ on the dissolution of the marriage, I DECIDED: to satisfy the statement of claim for the dissolution of the marriage; the marriage registered by the Registry Office of the Auezovsky district of Almaty on __ November 20__ (record number _____) between __________________ and ___________________ – terminate it._______________________ voluntarily pays child support and is a decent person, has no bad habits. Currently, minor children live with _________________________ at the address: _________________________. We would like to inform you that _________________________ does not allow _________________________ See your children and to take part in their upbringing, and also does not allow children to see their father.
By your actions _________________________ violates the requirements of paragraph 1 of Article 61 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family" (hereinafter referred to as the Code), according to which the child has the right to communicate with both parents, grandparents, brothers, sisters and other relatives; The dissolution of the marriage (matrimony) of the parents, its invalidation or separation of the parents should not affect the rights of the child; In the case of separation of the parents, the child has the right to communicate with each of them. A child has the right to communicate with his parents also if they live in different countries.According to Article 67 of the Code:
The child has the right to protect his rights and legitimate interests.
The protection of the rights and legitimate interests of a child is carried out by the parents or other legal representatives of the child, and in cases provided for by legislative acts of the Republic of Kazakhstan, by the body performing the functions of guardianship or guardianship, by the prosecutor and the court, as well as by internal affairs bodies and other state bodies within their competence.A minor who is recognized as fully capable in accordance with the laws of the Republic of Kazakhstan has the right to independently exercise his rights and duties, including the right to protection, until reaching the age of majority.
The child has the right to protection from abuse by parents or other legal representatives.
In case of violation of the rights and legitimate interests of the child, including in case of non-fulfillment or improper fulfillment by parents or other legal representatives of duties related to the maintenance, upbringing, education of the child, or abuse of parental (guardianship,
What should I do if my ex-spouse forbids me to see my children underage
the child has the right to independently apply for protection of his rights to the body performing the functions of guardianship or guardianship, and upon reaching the age of fourteen, to the court.
Officials of state bodies and organizations and other citizens who have become aware of a threat to the life or health of a child, a violation of his rights and legitimate interests, are required to report this to the body responsible for guardianship or guardianship at the child's actual location. Upon receiving such information, the body performing the functions of guardianship or guardianship is obliged to take the necessary measures to protect the rights and legitimate interests of the child.
Also _________________________ violates the requirements of paragraph 1 of Article 68 of the Code, according to which parents have equal rights and bear equal responsibilities in relation to their children (parental rights).According to paragraph 1 of Article 73 of the Code, a parent living separately from a child has the right to communicate with the child, participate in his upbringing and resolve issues related to the child's education and other important issues for the child.; The parent with whom the child lives should not interfere with the communication of the child with the other parent, if such communication does not harm the physical and mental health of the child, his moral development.Based on the above and guided by Articles 61, 67 and 68 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family",
I ask you to:
Take necessary measures to protect the rights and legitimate interests of minor children: _________________________ ___________ G.R. and _________________________ ___________ city of birth, residing at: __________________________
To bring to justice __________________________ for violating the requirements of the legislation of the Republic of Kazakhstan.
Sincerely, M.E. Kaishybekov, General Director of the Law and Law Law Company LLP.
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
