Restriction of your parental custody is a serious measure which interferes with your right to family life. Restriction is only lawful if it is allowed by law, the child is at risk and it is done to protect the best interests of the child. Measures to protect the best interests of the child are imposed by the court.
The court is guided by the principle of mildest measure, meaning, it must impose measures that restrict you as a parent in your exercise of parental custody as little as possible, provided that such a measure provides sufficient protection for the best interests of the child. When deciding on a measure to protect the best interests of the child, the court must take into account the child's opinion if he/she is able to understand its meaning and consequences.
Conditions
Your custody over a child may be restricted by the court, which decides on the specific aspects of your parental care that will be restricted. It may rule in this way only if a child is at risk and his best interests will be served by such an action. The restriction must be time-limited, usually for no longer than one year. These conditions are set out in the Family Code. Restriction of custody rights must be done lawfully, otherwise this will violate your right to family life.
example Parental custody may be restricted if there are serious reasons as to why it is not possible for you to care for a child or serious reasons to believe that the child is suffering from violence or his/her health or life is otherwise endangered under your care.
Consequences
The other parent will exercise parental care in the aspect in which yours is restricted. If this is not possible or both parents’ custody rights have been restricted, the court will appoint a guardian for representation of the child to the extent that is restricted to the parents.
Change of circumstances & Renewal
You may request the court to reassess the situation and cancel the restrictions placed on your parental custody rights if the circumstances and reasons why that decision was taken have changed.
Read more about different aspects that should be evaluated when making a decision about the renewal of custody rights and a child’s return to a family.
Removal
The court removes the child from his/her parents and places him/her with another person, in foster care or in an institution, if the child is at risk and only removal of child can sufficiently protect his/her interests and if the circumstances of the case indicate that the parents will be able to take care of the child again.
Measure of removal of child may last for a maximum three years.
Withdrawal
If the child is at risk and the circumstances of the case do not indicate the parents would re-take over parental care in the future, the court may withdraw parental custody.
Read more about withdrawal of custody.
What human rights violation may there be?
The unlawful suspension of parental custody may violate your right to family life. Prolonged enforcement of a judgment which annuls the suspension may also violate your right to family life and a fair hearing.
If an objective aspect of the parent’s personality, for example, belonging to a certain religion, race or sexual orientation, is the decisive factor for suspension of custody, it may violate the prohibition on discrimination and unequal treatment.
Read more about whether your parental custody rights were lawfully restricted.
Read more about how to complain in order to protect your rights.