Application to the Police Department for taking the necessary measures to protect the rights and legitimate interests of a minor child

 

 

Almaty City Police Department

from S.D.K.

IIN:..

Almaty, md. .., ul. ..., 38.

8 701 ....

Representative by proxy:

Law and Law Law Firm  

BIN 201240021767

79 Abylai Khan Ave., office 304, Almaty.

info@zakonpravo.kz / www.zakonpravo.kz

+7 708 578 57 58; +7 727 971 78 55.

 

Statement

          SHDK and A.R.Sh., IIN 9., residing at 97a A. K. Street, 235 block, Almaty, have been married since 2018, and have a minor son, Sh.M.D. IIN., born on 06/19/2019.

The marriage between the parties was dissolved on December 04, 2019, the child lives with his mother.

Subsequently, the Bostandyk district Court of Almaty with Sh. D. in favor of A.R.Sh., child support payments in the amount of 1/4 of all types of earnings or other income are collected monthly, starting from the moment of applying to the court on November 06, 2019 and until his majority.

Thus, today Sh.D. voluntarily pays child support and is a decent person, does not have bad habits. At the moment, the minor son lives with Askar R.Sh. at the address: Almaty, ul. A. K., 97a, sq. 235.

We would like to inform you that A.R. S. does not allow S.D. to see his son and take part in his upbringing, and also does not allow his son to see his Grandparents.  

By his actions, R.S. violates the requirements of paragraph 1 of Article 61 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family" (hereinafter referred to as the Code), according to which the child has the right to communicate with both parents, grandparents, brothers, sisters and other relatives; The dissolution of the marriage (matrimony) of the parents, recognition of his invalid or separate residence of the parents should not affect the rights of the child; In the case of separate residence of the parents, the child has the right to communicate with each of them. A child has the right to communicate with his parents also if they live in different countries.

According to Article 67 of the Code: The child has the right to protect his rights and legitimate interests.

The protection of the rights and legitimate interests of a child is carried out by the parents or other legal representatives of the child, and in cases provided for by legislative acts of the Republic of Kazakhstan, by the body performing the functions of guardianship or guardianship, by the prosecutor and the court, as well as by internal affairs bodies and other state bodies within their competence.

 Officials of state bodies and organizations and other citizens who have become aware of a threat to the life or health of a child, a violation of his rights and legitimate interests, are required to report this to the body responsible for guardianship or guardianship at the child's actual location. Upon receiving such information, the body performing the functions of guardianship or guardianship is obliged to take the necessary measures to protect the rights and legitimate interests of the child.

R.S. also violates the requirements of paragraph 1 of Article 68 of the Code, according to which parents have equal rights and bear equal responsibilities in relation to their children (parental rights).

According to paragraph 1 of Article 73 of the Code, a parent living separately from a child has the right to communicate with the child, participate in his upbringing and resolve issues of education for the child and other important issues for the child; The parent with whom the child lives should not interfere with the communication of the child with another parent, if such communication does not harm the physical and the child's mental health and moral development.

Based on the above and guided by Articles 61, 67 and 68 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family",

I ask you to:

To take the necessary measures to protect the rights and legitimate interests of a minor child: Sh.M.D., born on 19.06.2019, residing at the address: Almaty, ul. A. K., 97a, sq. 235;

To bring to justice A.R. S., IIN . for violating the requirements of the legislation of the Republic of Kazakhstan;

To respond to the application within the prescribed time limits.

Yours sincerely,, _______________ / S.D.K.

"___" ___________ 2024 the year

 

 

 

 

 

 

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