Appealing a court’s judgment
If your custody rights have been withdrawn by the judgment of a civil court, you can appeal it to a higher level court (the Higher Court).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 lower court’s decision.
Application
In your application to the court you should:
- explain why you believe that the court has made a mistake in concluding that you can’t ensure favourable conditions for your child’s development in future 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 claims
- if you think you have been discriminated against, indicate that your custody rights have been withdrawn only because of characteristics you possess, such as your sexual orientation, age, religious beliefs, political affiliation, national or ethnic origin or other similar grounds
important Withdrawal 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
Read more about your rights in civil court proceedings.
Court’s decision
After examining your claim, the court will decide whether the withdrawal of parental custody rights should be lifted or left in force. If the court reverses the lower court’s decision, the previous legal relationship between you and your child will be restored.
Requesting the renewal of parental custody
You may request the civil court to reassess the situation and renew your parental custody rights, if the circumstances since the withdrawal have changed.
Application
In your application to the court you should:
- indicate which reasons for the withdrawal 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
You can learn more about the legal requirements for your application in the Non-Contentious Civil Procedure Act.
Read more about your rights in civil court proceedings.
Court’s decision
After examining your application, the court will decide whether to renew your parental custody over the child or not.