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Publication date: 29.04.2024
Lawyer with 15 years of legal experience, specialization: family and civil law, inheritance, contract law, criminal cases, administrative cases, cases involving foreigners, migration law
In guardianship cases, especially in cases involving the appointment, removal, or change of guardianship, a variety of contentious issues may arise that require careful consideration and resolution. Let's consider the main aspects of custody disputes and their resolution.
Appointment of guardianship
The first controversial issue that may arise in guardianship cases is the question of the appointment of guardianship. This may arise, for example, in cases where there is no agreement between the immediate family members as to who should be the guardian. In such cases, the court must consider all the circumstances of the case and determine which of the applicants is the most suitable for guardianship.
Appointment of guardian
In cases where the appointment of a guardian cannot be carried out due to the lack of consent of all native family members or due to other circumstances, the court may consider the possibility of appointing an executor of guardianship. This can be a social worker, a representative of government agencies, or another person who has the appropriate skills and experience to fulfil the responsibilities of the guardian.
Participation of experts
In some complex cases, the court may request expert opinions from psychological, pedagogical, medical or other specialized fields to obtain additional information about the needs and interests of the ward. This helps the court to make an objective and informed decision.
Participation of third parties
The court may allow third parties with an interest in the case, such as grandparents, other relatives or persons related to the ward, to participate in the trial. Their testimony and evidence may be important to the court's decision.
Consideration of the interests of the child
In cases of guardianship of minors, special attention is paid to the interests of the child. The court provides the opportunity for the child to express his opinion, and also considers his wishes and needs when making a decision regarding the guardian.
Removal of guardianship
Another contentious issue may be the removal of guardianship from a person who was previously appointed guardian. This may occur if negligence, abuse, or other circumstances are found to indicate that guardianship is no longer in the best interests of the ward. The court examines such cases based on the evidence presented by the parties and makes an appropriate decision.
Change of guardianship
Controversial issues may also arise regarding the change of guardianship, for example, in cases where there is a need to replace the current guardian with another person due to circumstances that arose after the appointment of guardianship. The court considers such cases on the basis of justified requests of the parties and taking into account the interests of the ward.
Taking into account the interests of the child
In all contested custody matters, it is important that the court takes into account the interests of the child or person under custody. The main criterion when making a decision should be proper custody and care of the ward, ensuring his well-being and development.
In guardianship cases, where controversial issues arise regarding the appointment, removal, and change of guardianship, it is important that the court takes into account all the circumstances of the case and makes objective and fair decisions, ensuring the protection of the ward's interests and well-being.
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