A court of general jurisdiction (civil court) may determine the scope of parental access rights for both parents and restrict their exercise, including a total prohibition on access, if both parents cannot agree on the exercise of access and one of them or both have, therefore, submitted an application to the court.
Appealing the court’s judgment
If your access rights are restricted by the judgment of a civil court, you can appeal it to a higher level court. The procedure and time-limits for the appeal should be indicated in the decision.
Application
In your application to the court, you should:
- refer to the relevant legal provisions that give you the right to request limited or unrestricted exercise of parental access rights
- explain that exercising parental access rights (with minimal or no restrictions at all) would be in your child’s best interests. In doing so, you should describe all the circumstances that are important in proving your claim
- if you believe that you are being discriminated against, indicate that your parental access rights are being restricted only due to characteristics that you possess, such as your sexual orientation, age, religious beliefs, political affiliation, national or ethnic origin or other similar grounds
important Restrictions on parental access based solely on one of these grounds will violate the prohibition against discrimination.
- add all relevant documents that substantiate your request, if there are any
Read more about your rights in civil proceedings.
Court’s decision
After examining your claim, the court will decide whether the restrictions on your parental access rights should be lifted or reduced. In such case, the court will restore your parental access to what they were previously, or reduce the applied restrictions.
Requesting a reassessment of restrictions on parental access rights
You may request a civil court to reassess the situation and annul or reduce the restrictions on your parental access rights if after a certain time the circumstances on which these restrictions were based have changed.
Application
In your application to the court you should:
- refer to the relevant legal provisions that entitle you to a reassessment of the restrictions on your parental access rights
- indicate the reasons why the restrictions on your parental access should be changed
- explain that the exercising of parental access rights (with minimal or no restrictions at all) would be in your child’s best interests. In doing so you should describe all the circumstances that are important in proving your claim
- add relevant documents that substantiate your request, if there are any
You can learn more about the legal requirements for your application in the Civil Procedure Law.
Read more about your rights in civil court proceedings.
Court’s decision
After examining your application, the court will decide whether to annul or reduce the restrictions on your parental access rights.