The withdrawal of parental custody severely restricts your right to family life. Withdrawal is allowed only if there are specific reasons for it which are set out in law.
Your custody over a child may be withdrawn by a court of general jurisdiction (civil court) only under certain conditions which you can find in the Civil Code. The withdrawal of custody rights should be lawful to be compatible with your right to family life.
example Custody rights may be withdrawn if a child’s health or life is endangered by the parent in question.
Consequences
If your custody rights are withdrawn, the court will determine separate custody for the other parent. If this is not possible, or both parents’ custody rights have been withdrawn, the Orphan’s Court will make a decision on the taking of a child into public care.
Change of circumstances & Renewal
You may request a civil court to reassess the situation and annul the decision on the withdrawal of your parental custody rights if the circumstances since the adopted restrictions have changed.
Custody rights may be renewed by a civil court, if the reasons for withdrawal no longer exist and if it is in the child’s interests.
What human rights violation may there be?
The unlawful withdrawal of parental custody may violate your right to family life. Prolonged enforcement of a judgment which annuls the withdrawal 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 withdrawal of custody, it may violate the prohibition on discrimination.
Read more about whether your parental custody rights were lawfully withdrawn.
Read more about how to complain in order to protect your rights.