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Your custody over a child may be withdrawn by a court of general jurisdiction (civil court) only under certain conditions set out in law. The withdrawal of custody rights should be lawful to be compatible with your right to family life. A court may separate a child from the parents only if damage to the interests of the child cannot be prevented by other supporting measures. A court may deprive a parent of the right of custody in full only if other measures have not yielded any results or if there is reason to presume that the application of the measures is not sufficient to prevent danger.
example Custody rights may be withdrawn if a child’s health or life is endangered by the parent in question.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If your custody rights are withdrawn, the court will determine separate custody for the other parent. If this is not possible, or both parents’ custody rights have been withdrawn, the court will make a decision on the taking of a child into public care.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 parent’s religion, disability, race or sexual orientation, is the decisive factor for withdrawal of custody, it may violate the prohibition of discrimination.
Read more about whether your parental custody rights were lawfully withdrawn.