Termination, removal and renewal of custody rights

To ensure the protection of the rights and legal interests of a child, the Orphan’s Custody Court, in the cases determined in laws and regulations, has a right to decide on termination of the custody rights of the parent and separation of the child from the family.

Removal of the custody rights of one or both parents is applied by the court as a final measure. A decision to bring an action regarding the removal of custody rights for a parent in a court is made if:

the health or life of the child is endangered due to the fault of the parent (due to intentional action or negligence of the parent);
the parent misuses his or her rights or does not ensure the care and supervision of the child and it may endanger the physical, mental or moral development of the child.

The Civil Law, Section 203 stipulates that if within a period of one year from the termination of custody rights it is not possible to renew them, the Orphan's and Custody Court shall decide regarding bringing an action to a court for removal of custody rights, except in cases where the custody rights cannot be renewed due to circumstances beyond the control of the parent.

The Orphan's and Custody Court has the right to decide regarding bringing an action to a court for removal of custody rights before setting in of the period laid down in the Law if it is in the interests of the child.