Ата-ана міндеттері

Parental Duties and the Exercise of Parental Rights

Article 62. Parents’ rights and duties regarding upbringing and education

1. Parents must care for their children’s health.

2. Parents have both the right and the duty to raise their children. They have a preferential right to do so compared to others. Parents bear primary responsibility for providing conditions necessary for the child’s physical, mental, moral, and spiritual development within their means.

3. Parents must ensure that their children receive secondary education. They have the right, taking into account the child’s opinion, to choose the educational institution and form of learning until completion of secondary education.

4. All matters related to upbringing and education of children are decided by mutual agreement of the parents, in the best interests of the child and with consideration of the child’s opinion. Disputes are resolved by the guardianship authority or the court.

Article 63. Protection of children’s rights and interests

1. Parents are the legal representatives of their children and protect their rights and interests before all institutions, including courts, without special authorization.

2. If the guardianship authority finds a conflict of interests between parents and children, the parents lose the right to represent the child’s interests, and a representative must be appointed.

Article 64. Exercising parental rights in the interests of the child

Parental rights may not be exercised contrary to the child’s interests. Parents must not harm the physical or mental health or moral development of their children. Methods of upbringing must exclude cruelty, neglect, humiliation, or exploitation. Parents abusing their rights are held liable as provided by law.

Article 65. Exercise of parental rights by a parent living separately from the child

1. A parent living separately has the right to communicate with the child, participate in upbringing, and in educational decisions, provided it does not harm the child’s health or moral development.

2. The child’s residence is determined by parental agreement, or by the court if parents disagree.

3. Parents may make a written agreement on the procedure for exercising parental rights; disputes are resolved by the court.

4. Failure to comply with a court decision entails legal measures; persistent refusal may lead to transfer of the child to the other parent.

5. A parent living separately has the right to receive information about the child from educational, medical, and other institutions, unless it threatens the child’s life or health.

Article 66. Parents’ right to reclaim the child

1. Parents may demand the return of their child from anyone unlawfully keeping them.
   If the court concludes that returning the child is not in the child’s best interest, it may refuse, taking into account the child’s opinion.