Uzbekistan Child Custody
The Family Code of Uzbekistan provides as follows:
SECTION IV. RIGHTS AND OBLIGATIONS OF PARENTS AND MINOR CHILDREN
Chapter 11. Personal non-property rights of minor children
Article 65. The right of a child to live and be brought up in a family
Every child has the right to live and be brought up in a family, the right to know his parents, the right to be cared for by them, the right to live with them, except in cases where this is contrary to his interests.
The child has the right to be raised by his parents, ensure his interests, comprehensive development, respect for his human dignity.
In the absence of parents, deprivation of their parental rights and in other cases of loss of parental care, the child's right to be raised in a family is ensured by the body of guardianship and guardianship.
Article 66. The right of a child to communicate with parents and other relatives
The child has the right to communicate with both parents, grandparents, brothers, sisters and other relatives. The dissolution of the marriage of the parents, its annulment or the separation of the parents does not affect the rights of the child.
In the case of separation of parents, the child has the right to communicate with each of them. The child has the right to communicate with his parents also in the case of their residence in different states.
A child in an emergency situation (detention, arrest, detention, stay in a medical
institution, etc.) has the right to communicate with his parents and other relatives in the
manner prescribed by law.
Article 67. The child's right to protection
The child has the right to protection of his rights and legitimate interests.
The protection of the rights and legitimate interests of the child is carried out by the parents (persons replacing them), and in the cases provided for by this Code, by the guardianship and guardianship authority, the prosecutor and the court.
A minor, recognized in accordance with the law as fully capable before reaching the age of majority, has the right to independently exercise his rights and obligations, including the right to protection.
The child has the right to be protected from abuse by parents (persons replacing them).
In case of violation of the rights and legitimate interests of the child, including in the event of failure or improper performance by the parents (one of them) of the duties of raising, educating the child, or in case of abuse of parental rights, the child has the right to
independently apply for their protection to the guardianship and guardianship body, and reaching the age of fourteen years - to the court.
Persons who become aware of a threat to the life or health of a child, a violation of his rights and legitimate interests, are obliged to report this to the guardianship and guardianship authority at the place of the actual location of the child. Upon receipt of such information, the guardianship and guardianship body is obliged to take the necessary measures to protect the rights and legitimate interests of the child.
Article 68. The right of the child to express his opinion
The child has the right to express his opinion in resolving any issue in the family that affects his interests, as well as to be heard in the course of any judicial or administrative proceedings. At the same time, the bodies and officials authorized to make decisions, when resolving issues affecting the interests of the child, should consider the opinion of the child, regardless of his age, and make decisions based on the best interests of the child.
Article 69. The child has the right to a given name, patronymic and surname.
The name of the child is given by agreement of the parents, the patronymic is assigned
by the name of the father.
The surname of the child is determined by the surname of the parents. With different surnames of the parents, the child is assigned the surname of the father or the surname of the mother by agreement of the parents. At the request of the parents, the child may be given a surname derived from the name of the grandfather both on the paternal and maternal lines, in accordance with national traditions. In the absence of an agreement between the parents regarding the name and (or) surname of the child, the disagreements that have arisen are resolved by the body of guardianship and guardianship.
Article 70. Changing the name and surname of a child
At the joint request of the parents, before the child reaches the age of sixteen, the civil registry office, based on the interests of the child, has the right to change the name of the child, as well as change the surname assigned to him to the surname of the other parent.
If the parents live separately and the parent with whom the child lives wishes to give him his last name, the guardianship and guardianship authority resolves this issue depending on the interests of the child and taking into account the opinion of the other parent. It is not necessary to take into account the opinion of the parent if it is impossible to establish his location, deprive him of parental rights, recognize him as incompetent, as well as in cases where the parent avoids raising and maintaining the child without valid reasons.
If a child is born from persons who are not married to each other, and paternity has not been legally established, the guardianship and guardianship authority, based on the interests of the child, has the right to allow changing his surname to the surname of the mother, which she bears at the time of making such a request.
A change in the name or surname of a child who has reached the age of ten years may be made only with his consent.
Chapter 12. Personal non-property rights and obligations of parents
Article 71. Equality of rights and obligations of parents
Parents have equal rights and bear equal responsibilities towards their children (parental rights). Parental rights provided for by this chapter shall terminate when the children reach the age of eighteen (the age of majority), as well as when minor children enter into marriage and in other cases established by law that children acquire full legal capacity before they reach the age of majority.
Article 72. Rights of minor parents
Minor parents have the right to cohabit with the child and participate in his upbringing.
Unmarried minor parents, in the event that they give birth to a child and when their maternity and (or) paternity is established, shall have the right to independently exercise parental rights upon reaching the age of sixteen years. Until the minor parents reach the age of sixteen, a child may be appointed a guardian who will carry out his upbringing together with the minor parents of the child. Disagreements arising between the guardian of the child and minor parents are resolved by the body of guardianship and guardianship.
Minor parents have the right to recognize and challenge their paternity and maternity on a general basis.
Article 73. Rights and obligations of parents in the upbringing and education of children
Parents have the right and duty to raise their children.
Parents are responsible for the upbringing and development of their children. They are obliged to take care of the health, physical, mental, spiritual and moral development of their children. Parents have a preferential right to raise their children over all other persons.
Parents are obliged to ensure that their children receive the required level of education established by law.
Article 74. Rights and obligations of parents to protect the rights and interests of children
Protection of the rights and interests of children rests with their parents.
Parents are the legal representatives of their children and act in defense of their rights and interests in relations with any individuals and legal entities, including in courts, without special powers.
Parents do not have the right to represent the interests of their children if the body of guardianship and guardianship establishes that there are contradictions between the interests of parents and children. In case of disagreement between parents and children, the
guardianship and guardianship body is obliged to appoint a representative to protect the rights and interests of the children.
Article 75. Exercise of parental rights
Parental rights cannot be exercised in conflict with the interests of children. Ensuring the interests of children should be the main concern of their parents.
When exercising parental rights, parents have no right to harm the physical and mental health of children, their moral development. Ways of raising children should exclude neglect, cruel, rude, degrading treatment, abuse or exploitation of children.
Parents exercising parental rights to the detriment of the rights and interests of children are liable in accordance with the procedure established by law.
Article 76. Exercise of parental rights by a parent living separately from the child
A parent living separately from the child has the right to communicate with the child, participate in his upbringing and resolve issues of the child's education.
The parent with whom the child lives must not interfere with the communication of the child with the other parent, if such communication does not harm the physical and mental health of the child, his moral development.
Parents have the right to conclude in writing an agreement on the procedure for exercising parental rights by a parent living separately from the child. If the parents cannot reach an agreement, the dispute is resolved by the court with the participation of the guardianship and guardianship authority at the request of the parents (one of them). In case of failure to comply with the court decision, the measures provided for by law are applied to the guilty parent. In case of malicious failure to comply with the court decision, the court, at the request of a parent living separately from the child, may decide to transfer the child to him based on the interests of the child and taking into account the opinion of the child.
A parent living separately from the child has the right to receive information about their child from educational institutions, medical institutions, institutions of social protection of the population and other similar institutions. The provision of information may be refused only if there is a threat to the life and health of the child on the part of the parent. Refusal to provide information may be appealed in court.
Article 77 Grandfather, grandmother, brothers, sisters and other close relatives have the right to communicate with the child.
If the parents (one of them) refuse to provide the close relatives of the child with the opportunity to communicate with him, the guardianship and guardianship authority may oblige the parents (one of them) not to interfere with this communication.
If the parents (one of them) do not comply with the decision of the guardianship and guardianship authority, close relatives of the child or the guardianship and guardianship authority have the right to apply to the court with a claim to remove obstacles to
communication with the child. The court resolves the dispute proceeding from the interests of the child and taking into account the opinion of the child. In case of non-compliance with the court decision, the measures provided for by law are
applied to the guilty parent.
Article 78. Protection of parental rights
Parents have the right to demand the return of the child from any person holding him not on the basis of the law. In the event of a dispute, parents have the right to go to court to protect their rights. When considering these claims, the court has the right, taking into account the opinion of the child, to refuse to satisfy the claim of the parents, if it comes to the conclusion that the transfer of the child to the parents is not in the interests of the child.
If the court establishes that neither the parents nor the person who has the child are able to ensure its proper upbringing and development, the court transfers the child to the custody of the guardianship and guardianship authority.
Article 79. Deprivation of parental rights
Parents (one of them) may be deprived of parental rights if they: evade the performance of their duties, including when evading the payment of alimony; refuse without good reason to take their child from a maternity hospital (department) or from another medical institution, educational institution, institution of social protection of the population or from other similar institutions; abuse their parental rights, abuse children, including physically or mentally abuse them; are patients with chronic alcoholism or drug addiction; have committed an intentional crime against the life or health of their children or against the life or health of their spouse.
Article 80. Procedure for deprivation of parental rights
Deprivation of parental rights is carried out in a judicial proceeding.
Cases on deprivation of parental rights are considered at the claim of one of the parents (persons replacing them), the prosecutor, as well as on the claims of bodies or institutions that are responsible for protecting the rights of minor children (guardianship and guardianship bodies, interdepartmental commissions for minors, institutions for orphans and children left without parental care, and others).
Cases on deprivation of parental rights are considered with the participation of the prosecutor and the body of guardianship and guardianship.
When considering cases on deprivation of parental rights, the court decides on the recovery of alimony for the maintenance of the child from the parents (one of them) deprived of parental rights.
If the court, when considering a case on deprivation of parental rights, finds signs of a criminally punishable act in the actions of the parents (one of them), it is obliged to notify the prosecutor about this.
The court is obliged, within three days from the date of entry into force of the court decision on the deprivation of parental rights, to send an extract from this court decision to the civil registry office at the place of state registration of the birth of the child.
Article 81. Consequences of deprivation of parental rights
Parents deprived of parental rights lose all rights based on the fact of kinship with the child in respect of whom they were deprived of parental rights, including the right to receive maintenance from him, as well as the right to benefits and allowances established by law for citizens who have children.
Deprivation of parental rights does not release parents from the obligation to support their child.
The issue of further cohabitation of the child and parents (one of them), deprived of parental rights, is decided by the court in the manner prescribed by housing legislation.
A child in respect of which the parents (one of them) are deprived of parental rights retains the right of ownership of the residential premises or the right to use the residential premises, and also retains property rights based on the fact of kinship with parents and other relatives, including the right to receive an inheritance unless he is adopted.
If it is impossible to transfer the child to another parent or in case of deprivation of parental rights of both parents, the child is transferred to the care of the guardianship and guardianship authority.
Adoption of a child in case of deprivation of parents (one of them) of parental rights is allowed no earlier than six months from the date of the court decision on deprivation of parents (one of them) of parental rights.
Article 82. Restoration of parental rights
Parents (one of them) can be reinstated in parental rights in cases where they have changed their behavior, lifestyle and (or) attitude to raising a child.
Restoration of parental rights is carried out in court at the request of the parents (one of them) deprived of parental rights. Cases on the restoration of parental rights are considered with the participation of the guardianship and guardianship authority, as well as the
prosecutor.
Simultaneously with the claim of the parents (one of them) for the restoration of parental rights, a claim for the return of the child to the parents (one of them) may be considered.
The court has the right, taking into account the opinion of the child, to refuse to satisfy the claim of the parents (one of them) for the restoration of parental rights, if the restoration of parental rights is contrary to the interests of the child.
Restoration of parental rights in relation to a child who has reached the age of ten years is possible only with his consent.
Restoration of parental rights is not allowed if the child is adopted and the adoption is not cancelled.
Article 83. Restriction of parental rights
The court may, taking into account the interests of the child, decide to take the child away from the parents (one of them) without depriving them of parental rights (restriction of parental rights). Restriction of parental rights is allowed if leaving a child with parents (one of them) is dangerous for the child due to circumstances beyond the control of the parents (one of them) (mental disorder or other chronic illness, a combination of difficult circumstances, and others).
Restriction of parental rights is also allowed in cases where leaving a child with parents (one of them) due to their behavior is dangerous for the child, but sufficient grounds have not been established for depriving the parents (one of them) of parental rights. If the parents (one of them) do not change their behavior, the guardianship and guardianship authority, six months after the court has issued a decision to restrict parental rights, is obliged to file a claim for deprivation of parental rights. In the interests of the child, the guardianship and guardianship body has the right to file a claim for the deprivation of the parents (one of them) of parental rights before the expiration of this period.
A claim for restriction of parental rights may be filed by close relatives of the child, bodies and institutions that are entrusted by law with the duty to protect the rights of minor children, preschool educational organizations, general educational institutions and other institutions, as well as the prosecutor.
Cases on restriction of parental rights are considered with the participation of the prosecutor and the body of guardianship and guardianship.
When considering a case on restriction of parental rights, the court decides on the recovery of alimony for the maintenance of the child from the parents (one of them).
Article 84. Consequences of restriction of parental rights
Parents, whose parental rights are limited by the court, lose the right to personal upbringing of the child, as well as the right to benefits and allowances established by law for citizens with children.
Restriction of parental rights does not release parents from the obligation to support the child.
A child in respect of which parents (one of them) have limited parental rights retains the right of ownership to the living quarters or the right to use the living quarters, and also retains property rights based on the fact of kinship with parents and other relatives, including the
right to receive inheritance.
In case of restriction of the parental rights of both parents, the child is transferred to the care of the guardianship and guardianship authority.
Article 85
Parents whose parental rights are restricted by the court may be allowed to communicate with the child, if this does not have a harmful effect on the child.
Communication of parents with a child is allowed with the consent of the guardianship and guardianship authority or with the consent of the guardian (custodian), the foster parents of the child or the administration of the institution in which the child is located.
Article 86. Cancellation of restriction of parental rights
If the grounds due to which the parents (one of them) were limited in parental rights have disappeared, the court, on the claim of the parents (one of them), may decide on the return of the child to the parents (one of them) and on the abolition of the restrictions provided for in Article 83 of this Code.
The court, taking into account the opinion of the child, has the right to refuse to satisfy the claim if the return of the child to the parents (one of them) is contrary to his interests.
Article 87
In the event of a direct threat to the life of the child or his health, the guardianship and guardianship body has the right to immediately take the child away from his parents (one of them) or from other persons in whose care he is. The immediate removal of the child is carried out on the basis of the relevant act of the self-government body of citizens.
When a child is taken away, the guardianship and guardianship body is obliged to immediately notify the prosecutor, provide temporary accommodation for the child, and within seven days after the adoption by the self-government body of citizens of the act on the removal of the child, apply to the court with a claim for deprivation of parents of parental rights or for restriction of their parental rights.
Article 88
When the court considers disputes related to the upbringing of children, regardless of who filed a claim in defense of the child, the body of guardianship and guardianship must be involved in the case.
The guardianship and guardianship body is obliged to conduct an examination of the living conditions of the child and the person (persons) applying for his upbringing, and submit to the court an examination report and a conclusion based on it on the merits of the dispute.
Article 89
Execution of court decisions in cases related to the upbringing of children is carried out by a state executor in the manner prescribed by law.
If a parent (another person in whose care the child is) interferes with the execution of the court decision, the measures provided for by law are applied to him.
Enforcement of decisions related to the removal of a child and its transfer to another person (persons) must be carried out with the obligatory participation of the guardianship and guardianship authority and the person (persons) to whom the child is transferred, and, if necessary, with the participation of a representative of the internal affairs body.
If it is impossible to execute a court decision on the transfer of a child without prejudice to his interests, the child may be temporarily placed in an educational institution, a medical institution, an institution of social protection of the population, or another similar institution, by court order.