What is termination of parental rights?

Termination, or deprivation, of parental rights is a court measure under which a mother or father loses legal rights in relation to the child. The parent can no longer raise the child, represent the child’s interests, make important decisions on behalf of the child, or act as the child’s legal representative.

However, termination of parental rights does not release the parent from the duty to support the child. The parent may lose rights, but the obligation to pay child support remains.

This is one of the most serious legal measures in family law. It is not used because of ordinary conflict between parents. It is applied when the parent’s conduct seriously violates the child’s rights and interests.

In what cases can parental rights be terminated?

Parental rights may be terminated if parents:

• evade parental duties;
• maliciously evade payment of child support;
• refuse without valid reasons to take the child from a maternity hospital, child institution, or another organization;
• abuse parental rights;
• treat the child cruelly;
• use physical or psychological violence;
• infringe upon the child’s sexual inviolability;
• abuse alcohol, narcotic drugs, psychotropic substances, or their analogues;
• commit an intentional crime against the life or health of the child, spouse, or another family member.

A general statement such as “he is a bad father” or “she is a bad mother” is not enough. Each ground must be supported by evidence.

Can parental rights be terminated for non-payment of child support?

Yes. Malicious evasion of child support may be a ground for termination of parental rights.

However, not every debt automatically leads to termination. The court usually considers:

• amount of the debt;
• period of non-payment;
• reasons for the debt;
• whether the parent intentionally avoids payment;
• whether the parent hides income;
• whether the parent tries to repay the debt;
• whether the parent participates in the child’s life;
• enforcement officer materials;
• whether the parent was held liable.

If a parent does not pay child support for years, hides income, does not participate in upbringing, and shows no interest in the child, the claim becomes stronger.

Can rights be terminated if the parent does not communicate with the child?

Yes. If a parent does not communicate with the child for a long time, does not participate in upbringing, and does not care about education, health, or development, this may be treated as evasion of parental duties.

For example:

• the parent has not seen the child for several years;
• does not call or write;
• is not interested in school or kindergarten;
• does not provide financial support;
• does not participate in medical care;
• ignores the guardianship authority;
• does not know where the child studies or what health issues the child has.

But this must be proven. The court needs facts: correspondence, certificates, witness statements, enforcement materials, school or kindergarten documents, and the opinion of the guardianship authority.

Cruel treatment of a child

Cruel treatment of a child is a serious ground for termination of parental rights.

It may include:

• beating the child;
• threats;
• humiliation;
• psychological pressure;
• leaving the child without food, care, or medical treatment;
• leaving the child unsupervised;
• forcing the child to work, beg, or commit unlawful acts;
• sexual abuse or attempted sexual abuse;
• creating a dangerous environment for the child.

If there is violence or danger, it is necessary to contact not only the court, but also the police, guardianship authority, and medical institutions.

Alcohol or drug abuse as a ground

If a parent abuses alcohol, narcotic drugs, psychotropic substances, or their analogues, and this creates a risk to the child, termination of parental rights may be requested.

Evidence may include:

• medical documents;
• narcological records;
• police materials;
• protocols;
• witness statements;
• guardianship authority reports;
• photos, videos, correspondence;
• facts showing that the child was left unsupervised.

Suspicion alone is not enough. The court needs specific evidence that the parent’s behavior is dangerous for the child.

What does abuse of parental rights mean?

Abuse of parental rights means using parental rights against the child’s interests.

Examples include:

• turning the child against the other parent;
• using the child as pressure;
• hiding the child;
• preventing necessary treatment, education, or travel without valid reasons;
• involving the child in unlawful acts;
• forcing the child to beg;
• harming the child’s normal development;
• withholding the child’s documents;
• using the child’s documents for personal purposes.

The court evaluates whether the parent’s behavior harms the child or creates a risk to the child’s interests.

Who may file a claim?

A claim for termination of parental rights may be filed by:

• one of the parents;
• the child’s legal representative;
• guardian or custodian;
• guardianship and custody authority;
• prosecutor;
• organizations responsible for protecting children’s rights;
• other authorized bodies acting in the child’s interests.

These cases are not treated as a simple dispute between parents. They concern the protection of the child’s rights.

Which court hears the case?

A claim for termination of parental rights is usually filed with the specialized interdistrict court for minors.

As a general rule, the claim is filed at the defendant’s place of residence. However, depending on the situation, the child’s place of residence, safety, and other circumstances may matter.

The claim may be filed electronically through the “Court Cabinet” system.

What should be included in the claim?

The statement of claim should include:

• name of the court;
• claimant’s details;
• defendant’s details;
• child’s details;
• information about marriage or divorce;
• who the child lives with;
• what parental duties the parent fails to perform;
• whether there is child support debt;
• whether the parent participates in upbringing;
• facts of violence, threats, alcohol or drug abuse, if any;
• available evidence;
• information about applications to the guardianship authority, police, or enforcement officer;
• request to terminate parental rights;
• list of attachments.

The claim should focus on specific facts: dates, amounts, documents, and events. Emotional accusations are weak. Evidence speaks louder.

What evidence is needed?

The following may be attached to the claim:

• child’s birth certificate;
• marriage or divorce certificate;
• court decision on child support;
• certificate of child support debt from the enforcement officer;
• enforcement officer decisions;
• police materials;
• medical documents;
• narcological or psychiatric certificates;
• school or kindergarten documents;
• opinion of the guardianship authority;
• home inspection report;
• correspondence, audio, video, photos;
• witness statements;
• psychological report;
• evidence that the parent does not participate in the child’s life.

The more organized the evidence, the stronger the case.

Role of the guardianship authority

The guardianship and custody authority participates in the case to protect the child’s interests.

It may:

• study the child’s living conditions;
• speak with the parents;
• check actual care for the child;
• assess the child’s safety;
• prepare an opinion for the court;
• participate in the hearing.

The opinion of the guardianship authority is important, but the court evaluates it together with other evidence.

Does the prosecutor participate?

Yes. Cases on termination of parental rights are considered with the participation of a prosecutor.

The prosecutor evaluates legality, evidence, and the child’s interests. The prosecutor may support the claim or object if there are insufficient grounds.

This shows that termination of parental rights is a serious legal matter, not merely a family argument.

Consequences of termination of parental rights

A parent deprived of parental rights:

• loses the right to raise the child;
• cannot represent the child’s interests;
• cannot make decisions on behalf of the child;
• cannot demand that the child be transferred to them;
• loses benefits and allowances connected with the child;
• cannot later demand support from the child;
• is no longer the child’s legal representative.

However, the duty to pay child support remains.

What rights does the child keep?

The child keeps property rights, including:

• right to child support;
• ownership rights;
• right to use housing;
• inheritance rights;
• other property rights based on family relationship.

Termination of parental rights should not worsen the child’s position. It is applied to protect the child.

Can parental rights be restored?

Yes. Parental rights may be restored by court if the parent has changed their behavior, lifestyle, and attitude toward raising the child.

For example, the parent:

• completed addiction treatment;
• found stable employment;
• started paying child support;
• repaid debt;
• improved housing conditions;
• restored a healthy relationship with the child;
• proved that they no longer pose a risk.

However, restoration is not allowed if it contradicts the child’s interests. If the child has already been adopted, restoration may generally be impossible.

Termination vs restriction of parental rights

Termination of parental rights is the strictest measure and is applied when the parent’s wrongful behavior is proven.

Restriction of parental rights may be applied if leaving the child with the parent is dangerous, but there are not yet sufficient grounds for complete termination or the situation may change.

For example, temporary illness, a crisis situation, or other circumstances may create risk for the child.

Can rights be terminated only because of conflict between parents?

No. Ordinary conflict between the mother and father is not enough.

The court will not terminate parental rights only because:

• the parents communicate badly;
• one parent is offended;
• there is a child support dispute;
• there is post-divorce conflict;
• the parent rarely sees the child but tries to participate;
• the other parent does not want contact.

There must be serious grounds and evidence that the parent violates duties or creates a risk to the child.

Sample court requests

In the statement of claim, the claimant may ask the court to:

1. Terminate the defendant’s parental rights in relation to the minor child.
2. Involve the guardianship and custody authority in the case.
3. Ensure participation of the prosecutor.
4. Request an opinion from the guardianship authority.
5. Resolve the issue of collecting child support for the child.
6. Determine the child’s further residence and upbringing in accordance with the child’s interests.

The requests should be adjusted to the facts and evidence of the case.

Conclusion

Termination of parental rights is an extreme measure used to protect a child. It is not applied because of personal resentment or ordinary family conflict.

Grounds may include evasion of parental duties, malicious non-payment of child support, cruel treatment, violence, alcohol or drug abuse, or an intentional crime against the life or health of the child or family member.

The court’s main criterion is the child’s safety, interests, and normal development.

FAQ: Frequently Asked Questions

1. In what cases can parental rights be terminated?

When a parent evades duties, maliciously avoids child support, treats the child cruelly, uses violence, abuses alcohol or drugs, abuses parental rights, or creates serious danger to the child.

2. Can rights be terminated for child support debt?

Yes, if the parent maliciously evades payment. But the court considers all circumstances, not only the existence of debt.

3. Can rights be terminated if the parent does not communicate with the child?

Yes, if long-term lack of communication is accompanied by non-participation in upbringing, no support, and evasion of parental duties.

4. Who can file the claim?

A parent, legal representative, guardian, guardianship authority, prosecutor, or authorized child protection organization.

5. Is court required?

Yes. Parental rights can be terminated only by court.

6. Does the prosecutor participate?

Yes. The prosecutor participates in such cases.

7. Does the guardianship authority participate?

Yes. The guardianship authority participates and provides an opinion on the child’s interests.

8. What evidence is needed?

Child support debt documents, enforcement materials, police reports, medical documents, guardianship authority opinion, school records, correspondence, witnesses, photos, and videos.

9. Does termination cancel child support?

No. The parent still must support the child.

10. Does the child keep inheritance rights?

Yes. The child keeps property and inheritance rights.

11. Can a father’s parental rights be terminated?

Yes, if legal grounds and evidence exist.

12. Can a mother’s parental rights be terminated?

Yes. The law applies equally to mothers and fathers.

13. Is parental conflict enough?

No. Ordinary conflict between parents is not enough.

14. Can parental rights be restored?

Yes, if the parent changes behavior, lifestyle, and attitude toward raising the child, and restoration is in the child’s interests.

15. Can the claim be filed online?

Yes. In Kazakhstan, the claim may be filed electronically through the “Court Cabinet” system.