Suspension of your parental custody is a serious measure which interferes with your right to family life. Suspension is only lawful if it is allowed by law and it is done to protect certain legitimate interests.
Conditions
Your custody over a child may be suspended by the Orphan’s Court only under certain conditions and for a limited time, usually not longer than one year. These conditions are set out in the Civil Law. Suspension of custody rights must be done lawfully, otherwise this will violate your right to family life.
example Parental custody may be suspended 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 care for the child while your custody rights are suspended. If this is not possible or both parents’ custody rights have been suspended, the Orphan’s Court will decide about taking a child out of the family.
Change of circumstances & Renewal
You may request the Orphan’s 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.
Withdrawal
If it is not possible to renew the suspended custody rights within one year, and these obstacles are dependent on the attitude and actions of the parent, the Orphan’s Court may submit an application to the court of general jurisdiction (civil court) for withdrawal of 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 suspended.
Read more about how to complain in order to protect your rights.