Appealing a court’s judgment
If your parental custody rights have been restricted by a decision of a court, you can appeal it to a higher level court (the Higher Court). The procedure and time-limits for the appeal should be indicated in the first court’s decision.
Application
In your application to the Court of Second Instance, you should:
- explain why you believe the court has made a mistake in concluding that your child is at risk and you can’t ensure favourable conditions for the child’s development and that having parental custody over your child 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 custody rights have been restricted 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 Restriction of parental custody 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 restriction of parental custody has caused you any material or moral damages.
You can learn more about the legal requirements for your application in the Non-Contentious Civil Procedure Act.
Court’s decision
After examining your claim, the Court of Second Instance will decide whether the restriction of parental custody rights should be lifted or left in force. If the court decides to lift the restriction of your parental custody, your previous legal relationship with your child will be restored.
Requesting the renewal of parental custody
You may request the court to reassess the situation and renew your parental custody rights, if the circumstances since the restriction have changed.
Application
In your application to the court you should:
- indicate which reasons for the restriction of parental custody have changed
- explain how you can ensure favourable conditions for your child’s development in future and why having parental custody 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 renew your parental custody over the child or leave the restriction in force.