Published: 14.05.2021.
Price
Free
Execution deadline in working days
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Recipient
Individual person
Receiving restrictions
-

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The Orphan's Court shall decide on the termination of the child's custody rights for the parent if:
1) there are actual barriers preventing a parent from taking care of a child;
2) the child is present in health or life-threatening conditions due to the fault of the parent (due to the deliberate behaviour or negligence of the parent);
3) a parent abuses his or her rights or does not provide child care and supervision;
4) the parent has given consent to the adoption of the child, except in the case where he or she has given consent as a spouse to the adoption of the child by the other spouse;
5) the abuse of the parent against the child has been determined or there are substantiated suspicions regarding the abuse of the parent against the child.
The Orphan's Court shall decide on the renewal of the suspended child's custody rights, if the reasons for the termination of custody rights have been lost.
If it is not possible to renew them within a year from the termination of custody rights, the Orphan's Court shall decide on the bringing of an action in court for the deprivation of custody rights, except in the case where the custody rights cannot be restored from the parent due to circumstances independent of the parent.

  • Process description
  • Related documents

Process description

  1. Request Service and Required Documents
    The Orphan's Court shall initiate an administrative case regarding the suspension or renewal of the custody rights of the parent:
    1) on the basis of a submission of one parent;
    2) the basis for the initiative of the institution;
    3) on the basis of an order of a higher institution or a report of another institution.

    The Orphan's Court shall initiate a case regarding the provision of an action in court for the subtraction of the child's custody rights to parents:
    1) on the basis of the application of the lawful representative of the child;
    2) the basis for the initiative of the institution;
    3) on the basis of an order of a higher institution or a report of another institution.

  2. Receipt of services
    When assessing all the documents in the case, after hearing the parties, the employees of the Orphan's Court shall take a relevant decision.
    The decision of the Orphan's Court regarding the termination and renewal of the custody rights shall take effect and be enforceable without delay.
    The decision may be received in person or by post as restricted access information.

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