A court of general jurisdiction (civil court) may deliver a decision to place your child into social care with or without the termination of your parental rights. This means that the child would be taken out of the family and your custody. While enforcing such a decision, the local guardian authority may allow parental access to your child and thus determine the scope of parental access rights for one or both parents and restrict their exercise, including a total prohibition on access.
Requesting a reassessment of court decisions having implications on parental access rights
You may request a civil court to reassess the situation and order the restoration of parental rights when they had been previously withdrawn or the return the child when taken out of family without withdrawal of parental rights if after a certain time, the circumstances on which these decisions were based have changed.
Application
In your application to the court you should:
- refer to the relevant legal provisions that entitle you to a reassessment of the restrictions on your parental rights, including access to the child
- indicate the reasons why the restrictions on your parental rights, including access to the child, should be changed
- explain that the exercising of parental rights, including access to the child (with minimal or no restrictions at all) would be in your child’s best interests. In doing so you should describe all the circumstances that are important in proving your claim
- add relevant documents that substantiate your request, if there are any
You can learn more about the legal requirements for your application in the Civil Procedure Code.
Read more about your rights in civil court proceedings.
Court’s decision
After examining your application, the court will decide whether to order the restoration of parental rights/the return the child, that would imply annulment or reducing the restrictions on your parental access rights.