You have the right to complain about the decision on your child’s separation from your family, if you believe that your right to a private and family life, or any other human rights have been violated.
Appeal of the decision on the separation of a child from a family
The Orphan’s Court may decide on a child’s separation from a family (from both parents or the parent caring for the child) in situations prescribed by law. Several decisions may be taken in the separation process, such as a decision on the suspension of parental custody rights and a decision on a child’s out-of-family care.
You may challenge the Orphan’s Court’s decision on both the suspension of parental custody rights and on a child’s out-of-family care in the Administrative Court. The procedure and time-limits for the appeal should be indicated in the decision.
Appealing the suspension of parental custody
Read more how to complain about the suspension of parental custody.
Appealing a decision on a child’s out-of-family care
Application
In your application to the Administrative Court, you should:
- refer to the relevant legal provisions that prove that the conditions for placing your child in out-of-family care have not been fulfilled
- explain how you can ensure favourable conditions for the child’s development in the family and that staying in the family would be in his/her best interests. In doing so, you should describe all the circumstances that are important in proving your claim
- add all relevant documents that substantiate your request, if there are any
note You may also ask for compensation, if you feel that the child’s separation from the family has violated your right to a private and family life or caused any damages.
You can learn more about the requirements for your application in the Administrative Procedure Law.
Read more about your rights in the Administrative Court.
Court’s decision
After examining your claim, the Administrative Court will decide whether the decision on the child’s out-of-family-care should be annulled or left in force. The court may oblige the Orphan’s Court to make a new decision which would settle the issues regarding the child’s care which the court considered to be unsolved. If you have sought compensation, the court may oblige the Orphan’s Court to provide it.