The care of minor children is undoubtedly the prerogative of the child’s parents. At the same time, guardianship and guardianship bodies are state bodies directly related to the control over the implementation of parental responsibilities.
The powers of such bodies also include:
- checking the child’s living conditions,
- education of orphans and minors,
- deprived of parental care,
- suppression of parental activities aimed at creating physical or mental threats to the child.
If the court proceedings affect the rights of the child, the presence of guardianship and guardianship authorities at court sessions is mandatory.
Referring to the GPCU, it should be noted that the guardianship authorities have the right to submit an application for the establishment of custody of the child and provide conclusions on the case in court proceedings. Of course, the inspector will always make decisions based on creating more comfortable conditions for the life and normal development of the child. But this activity, in turn, has a certain subjectivity. That is, even the guardianship authorities can make a serious mistake that will negatively affect the life of a minor child in the future. So, for example, the inspector may consider the child’s living conditions satisfactory, although the parents will only create the appearance of such. As a result, the child will be at risk of physical or psychological trauma.
Is it possible to appeal to the actions or decisions of these control bodies? What is the procedure for such an appeal?
Order of appeal
The experience of Kasyanenko & Partners Law Company specialists shows that the situation can be resolved peacefully, without involving the judicial authorities. To do this, you must contact a higher person (above the inspector who made an unsatisfactory decision). If this method will only bring a negative result, then applying to the court with the appropriate application becomes a mandatory action.
A person whose rights have been damaged by the actions or decisions of the guardianship authorities has the right to choose which method of protecting their interests to resort to.
But there is no denying the fact that often cases are so complex that they cannot do without high-quality legal assistance and representation in the judiciary. It is important not just to get the information necessary to protect your interests, but also to build the right legal position. And in this case, you cannot do without the help of a specialist.
Kasyanenko & Partners Law Company has many years of experience in resolving disputes with custody and guardianship authorities both in pre-trial and in court. Our specialists always protect the rights and interests of the child by all legal methods!