Appealing the suspension of parental custody
If your parental custody rights have been suspended by a decision of the Orphan’s Court, you can appeal it to the Administrative Court. The procedure and time-limits for the appeal should be indicated in the Orphan’s Court’s decision.
Application
In your application to the Administrative Court, you should:
- refer to the relevant legal provisions that give you the right to request the retention of parental custody over your child and why the Orphan’s Court decision was incorrect
- explain why you believe the court has made a mistake in concluding that you can’t ensure favourable conditions for the 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 claim
- if you believe you have been discriminated against, indicate that your custody rights have been suspended 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 Suspension 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 suspension of parental custody has caused you any material or moral damages.
You can learn more about the legal 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 suspension of parental custody rights should be lifted or left in force. If the court decides to lift the suspension of your parental custody, your previous legal relationship with your child will be restored. If you have asked for compensation, the court may order the Orphan’s Court to provide compensation.
Requesting the renewal of parental custody
You may request the Orphan’s Court to reassess the situation and renew your parental custody rights, if the circumstances since the suspension have changed.
Application
In your application to the Orphan’s Court you should:
- refer to the relevant legal provisions that give you the right to request the renewal of parental custody over your child
- indicate which reasons for the suspension 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
Orphan’s Court’s decision
After examining your application, the Orphan’s Court will decide whether to renew your parental custody over the child or leave the suspension in force.