ORDER OF THE MINISTER OF EDUCATION OF THE REPUBLIC OF KAZAKHSTAN

of March 31, 2025 No. 53

About approval of Rules of the permission by the body performing functions on guardianship or custody, disputes on communication with the child by the parent, living separately from the child, grandfathers, grandmothers, brothers and sisters

According to articles 73 and 73-1 of the Code of the Republic of Kazakhstan "About scrap (matrimony) and family", PRIKAZYVAYU:

1. Approve the enclosed Rules of the permission the body performing functions on guardianship or custody, disputes on communication with the child by the parent living separately from the child, grandfathers, grandmothers, brothers and sisters.

2. To committee on protection of the rights of children of the Ministry of Public Education of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan to provide:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Ministry of Public Education of the Republic of Kazakhstan after its official publication;

3) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry of Public Education of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

3. To impose control of execution of this order on the supervising vice-minister of education of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Minister of education of the Republic of Kazakhstan of March 31, 2025, No. 53

Rules of the permission the body performing functions on guardianship or custody, disputes on communication with the child by the parent living separately from the child, grandfathers, grandmothers, brothers and sisters

Chapter 1. General provisions

1. These rules of the permission the body performing functions on guardianship or custody, disputes on communication with the child by the parent living separately from the child, grandfathers, grandmothers, brothers and sisters (further - Rules) determine procedure for the permission the body performing functions on guardianship or custody, disputes on communication with the child by the parent living separately from the child, grandfathers, grandmothers, brothers and sisters.

2. Disputes on communication with the child by the parent living separately from the child, grandfathers, grandmothers, brothers and sisters it is allowed by the body performing functions on guardianship or custody for the place of residence of the child.

Chapter 2. Procedure for the dispute resolution on communication with the child by the parent living separately from the child, grandfathers, grandmothers, brothers and sisters

3. For the dispute resolution on communication with the child by the parent living separately from the child, grandfathers, grandmothers, brothers and sisters (further - dispute) the parent living separately from the child, the grandfather, grandmothers, brothers and sisters (further - the applicant) submit to the body performing functions on guardianship or custody (further - body) the statement for the dispute resolution on communication with the child in form according to appendix to these rules with appendix of the following documents:

1) copies of the identity certificate of the applicant;

2) certificates of lack of data on condition on accounting in narcological and psychiatric dispensaries according to the form approved by the order of the Minister of Health of the Republic of Kazakhstan of May 18, 2020 No. KR DSM-49/2020 "About some questions of rendering the state services in the field of health care" (it is registered in the Register of state registration of regulatory legal acts at No. 20665);

3) certificates of availability or lack of criminal record;

4) the copies of documents confirming the property right or right to use by the dwelling.

4. The term of consideration of the application about the dispute resolution constitutes 15 (fifteen) working days from the date of receipt of the statement in body.

5. The body within 5 (five) working days from the date of receipt of the statement informs the parent with whom the child and the applicant about the place, date and time of consideration of the application about the dispute resolution by the direction of the notice at the place of residence lives, on e-mail or phone number specified in the statement.

6. The dispute is resolved in the presence of the applicant and the parent with whom the child lives.

7. In case of absence of one of the parties of dispute, consideration of the application about the dispute resolution is postponed for a period of 3 (three) working days.

Repeated absence of one of the parties of dispute without valid excuse is not obstacle for consideration of the application about the dispute resolution.

8. During the dispute resolution the body finds out from the parties of the reason of dispute, communication condition, the specific mode or the general description of the mode of communication with the child (time, the place, communication duration).

9. The body finds out opinion of the child who reached ten-year age on conditions of communication with the applicant.

Poll of the child who reached ten-year age is made with participation of the teacher and (or) psychologist.

10. The body conducts examination of domestic conditions of the parties of dispute upon the demand of one of the parties of dispute.

11. After clarification of conditions of communication with the child of the parent with which the child lives the applicant and opinion of the child who reached ten-year age, and also results of inspection of domestic conditions in case of its carrying out body is constituted by the decision on the dispute resolution.

12. In the decision on the dispute resolution are specified:

1) date and place of decision;

2) the name of the body which passed the decision

3) surname, name, middle name (in case of its availability) the parties, persons participating in the dispute resolution;

4) matter in issue;

5) communication conditions, the specific mode or the general description of the mode of communication (time, the place, communication duration) taking into account day regimen of the child (study, rest, dream), the states of health of the child, festive, vacation and the days off, the place of residence of the applicant;

6) additional meetings in particular cases (birthdays, family holidays);

7) the signature of the head of the body which passed the decision.

13. The decision on the dispute resolution goes to the parties of dispute over the residence, to e-mail or phone number specified in the statement.

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