Disputing the request to take a child into social care without the termination of parental rights
If your child was taken by the local guardian authority or it has requested in court to place your child into social care without the termination of your parental rights, you can dispute this request in the relevant court. If the court has decided to place your child in social care without the termination of your parental rights you may appeal this decision to the Court of Appeals, the latter's decision being subject to appeal on points of law to the Supreme Court. The procedure and time-limits for the appeals against first and second instance courts’ decisions should be indicated by the courts.
Objections in court proceedings and appeals
In your objections in court proceedings and in subsequent appeals to the higher-level Courts (if the case), you should:
- refer to the relevant legal provisions that give you the right to request the retention of parental custody over your child and, why the local guardian authority’s request and, if the case, the courts’ decisions were incorrect
- explain why you believe the local guardian authority and the court(s) made a mistake in concluding that you can’t ensure favourable conditions for the child’s development in future and that having the child living with you would not be in his/her best interests. In doing so you should describe all the circumstances that are important to prove your claim
- if you believe you have been discriminated against, indicate that your child was or would be taken into social care without the withdrawal of your parental rights only because of characteristics which you possess, such as your sexual orientation, age, religious beliefs, political affiliation, national or ethnic origin or on other similar grounds
important Taking a child into social care without the suspension of your parental rights based solely on one of these prohibited grounds will violate the prohibition against discrimination.
- add all relevant documents that substantiate your request, if there are any
note You may also ask for compensation, if you feel that the placement of a child into social care without the withdrawal of parental rights has caused you any material or moral damages.
You can learn more about the legal requirements for your objections in court proceedings and eventual appeals in the Civil Procedure Code.
Read more about your rights in Court.
Higher-level courts' decisions
After examining your appeals, the higher-level courts will decide whether the decision to place your child in social care without the termination of your parental rights should be lifted or left in force. If the court decides to lift the decision to place your child in social care without the termination of your parental rights, your previous legal relationship with your child will be restored.
Requesting the renewal of parental rights
You may request the Court to reassess the situation and return your child into your care , if the circumstances since the child was taken into social care without the withdrawal of parental rights have changed.
Application
In your application to the Court you should:
- refer to the relevant legal provisions that give you the right to request the renewal of parental rights over your child
- indicate which reasons for the placement of a child into social care without the withdrawal of parental rights have changed
- explain how you can ensure favourable conditions for your child’s development in future and why having parental rights over your child in these circumstances would be in his/her best interests. In doing so, you should describe all the circumstances that are important to prove your claim
- add all relevant documents that substantiate your request, if there are any
Court’s decision
After examining your application, the court will decide whether to return your child to you or leave the decision to place the child in social care in force.