You have the right to complain about the decision on your child’s separation from your family, if you believe that your right to a private and family life, or any other human rights have been violated.
Appeal of the decision on the separation of a child from a family
The local guardian authority may urgently intervene and decide on a child’s separation from a family (from both parents or the parent caring for the child) in situations prescribed by law, with subsequent filing a court action on taking the child out of family with or without withdrawal of parent’s rights. Thus, several decisions may be taken by the local guardian authority in the separation process, such as an urgent decision on the placement of a child into social care with or without the withdrawal of parental rights and a decision on a child’s out-of-family care.
You may challenge the local guardian authority’s decision on both the urgent taking the child out of family of parental rights and on a child’s out-of-family care in the relevant Court. The procedure and time-limits for the objection/appeal should be indicated in the decision.
Disputing the request to take a child into social care with or without the termination of parental rights
Read more how to complain about the taking the child out of family and withdrawal of parental rights.
Appealing a decision on a child’s out-of-family care
Application
In your application to the Administrative Court, you should:
- refer to the relevant legal provisions that prove that the conditions for placing your child in out-of-family care have not been fulfilled
- explain why you consider that out-of-family care does not meet his/her best interests. In doing so, you should describe all the circumstances that are important in proving your claim
- add all relevant documents that substantiate your request, if there are any
note You may also ask for compensation, if you feel that the child’s out-of-family care decision has violated your right to a private and family life or caused any damages.
You can learn more about the requirements for your application in the Administrative Code.
Read more about your rights in the Administrative Court.
Court’s decision
After examining your claim, the Administrative Court will decide whether the decision on the child’s out-of-family-care should be annulled or left in force. The court may oblige the local guardian authority to make a new decision which would settle the issues regarding the child’s care which the court considered to be unsolved. If you have sought compensation, the court may oblige the local guardian authority to provide it.