Procedural features of the consideration of cases related to the deprivation of parental rights for the cruel treatment of a child
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DOI:
https://doi.org/10.32523/2616-6844-2025-153-4-160-175Keywords:
family, parents, rights and responsibilities of parents, child, child rights, child abuse, violence, deprivation of parental rights, claim, form of claim, initiation of case, evidenceAbstract
The topic of domestic violence in the family is one of the most important and complex problems of our time. In our country, the number of children in families in difficult life situations has recently increased. The worst thing is that violence and cruelty of parents towards their own children, provoking aggression, sexual, emotional and physiological violence, are becoming a serious problem.
Any form of violence against a child by a parent directly affects their moral, physical and emotional state. The law provides for a number of measures of responsibility for violence against a child in the family.
Deprivation of parental rights is an extreme measure of family and legal responsibility, applied in cases where it is impossible to protect the rights of the child by other means.
The article analyzes the procedural features of the consideration of cases on deprivation of parental rights for the cruel treatment of children. In accordance with civil procedural legislation, the prerequisites for the emergence of the right to file a claim are considered, in particular, the civil procedural capacity of individuals and legal entities filing a claim, and the jurisdiction of civil cases by the courts.
The procedure for filing a statement of claim and the documents attached to it when applying to the court in cases of deprivation of parental rights, the importance of providing evidence that serves as the basis for deprivation of parental rights (confirming the presence of chronic alcoholism (drug addiction) in a person), are also analyzed. When assessing the materials and evidence presented, the courts must proceed from the interests of the child, take into account the child's opinion and observance of the rights of the parents.
The scientific article was prepared within the framework of program-targeted funding for scientific and (or) scientific and technical programs for 2023-2025, aimed at implementing the project IRN BR 21882414 «Program for the support and rehabilitation of child victims of violence: practical implementation of a network of modular resource centers», financed by the Science Committee of the Ministry of Science and Higher Education of the Republic of Kazakhstan.
