The act of taking a child into social care without the termination of your parental rights is a serious measure which interferes with your right to family life. Taking a child into social care without the termination of your parental rights is only lawful if it is allowed by law and it is done to protect certain legitimate interests.
Conditions
Your child may be taken into social care without the termination of your parental rights at the request of the local guardian authority from the court only under certain conditions. These conditions are set out in the Family Code. Taking a child into social care without the termination of your of parental rights must be done lawfully, otherwise this will violate your right to family life.
example If there are serious reasons as to why it is not possible for you to care for a child or serious reasons to believe that the child is suffering from violence or his/her health or life is otherwise endangered under your care, taking the child into social care from you may be decided as an emergency measure by the local guardian authority with notification of the Prosecutor’s office in 24 hours. Then the guardianship authority will file a case in court within 3 days to request taking the child into social care without the termination of your parental rights or to request the withdrawal of your parental rights.
Consequences
The other parent may be assigned to care for the child while the child was taken from you. If this is not possible or the child was taken from both parents without the termination of their parental rights, the local guardian authority will decide about taking a child out of the family.
Change of circumstances & Renewal
You may request the Court to reassess the situation and cancel the restrictions placed on your parental rights if the circumstances and reasons why that decision was taken have changed. The court may decide to return you the child if this does not contradict his/her interests.
Read more about different aspects that should be evaluated when making a decision about the renewal of parental rights and a child’s return to a family.
Withdrawal
A more severe measure interfering with one’s rights as a parent is the withdrawal of his/her parental rights – a court decision dependent mainly on the attitude and actions of the parent. The local guardian authority may submit an application to the court of general jurisdiction (civil court) for the withdrawal of parental rights.
Read more about withdrawal of parental rights.
What human rights violation may there be?
The unlawful taking of a child into social care without the termination of parental rights may violate your right to family life. Prolonged enforcement of a judgment which annuls this unlawful measure may also violate your right to family life and a fair hearing.
If an objective aspect of the parent’s personality, for example, belonging to a certain religion, race or sexual orientation, is the decisive factor for taking a child into social care without the termination of parental rights, it may violate the prohibition on discrimination and unequal treatment.
Read more about whether your child was lawfully taken into social care without the termination of your parental rights.
Read more about how to complain in order to protect your rights.