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13 November 2024 | 11:01
Court explained why Bishimbayev was not stripped of parental rights
Tengrinews.kz - The appellate panel’s decision, which reviewed the claim by Kuandyk Bishimbayev’s ex-wife to terminate his parental rights on November 12, was clarified in court.
ПОДЕЛИТЬСЯ
Tengrinews.kz - The appellate panel’s decision, which reviewed the claim by Kuandyk Bishimbayev’s ex-wife to terminate his parental rights on November 12, was clarified in court.
The ex-wife of the convicted Bishimbayev requested the termination of his parental rights, stating that their children experience psychological discomfort due to his criminal conviction and negative media coverage from society.
The court explained that the respondent was convicted of the murder of his common-law wife. An exhaustive list of grounds for satisfying such a claim is outlined in Article 75 of the Marriage (Matrimony) and Family:
- avoiding parental duties, including willful non-payment of child support;
- abusing parental rights;
- mistreating children, including physical or psychological abuse or attempting to violate their sexual integrity;
- abusing alcohol, narcotics, psychotropic substances, or their analogs, or engaging in gambling;
- committing an intentional criminal offense against the life or health of their child, spouse, or other family members.
"The first-instance court denied the claim, as the defendant had not committed any actions against the children, and the criminal offense did not involve any family member. The court took into account the father’s consent to change the children’s last name and explained to the plaintiff the possibility of addressing the registry office. The plaintiff appealed the decision, but the appellate court upheld it. The court ruling has entered into legal force," said the press service of the capital’s court.
The court also clarified that during the appeal process, only the operative part of the decision is announced, and according to Article 423 of the Civil Procedure Code, the court ruling is prepared within five working days and placed in the court file.
It is worth noting that on November 12, the appellate court of Astana reviewed the claim by the ex-wife of the convicted Kuandyk Bishimbayev to terminate his parental rights. Nazym Kakharman stated that she disagreed with the decision and added that she was "upset and disappointed."
As previously reported by Tengrinews.kz, Bishimbayev's lawyer, Erlan Gazymzhanov, informed that his client appeared online during the session on November 13.
"They have a special room in the institution where they participate in court proceedings. He went to this room and was connected via a cell phone," Gazymzhanov said.
In May of this year, Nazym Kakharman stated that after the incident, her children wanted to change their last name.
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