Every parent and child has a right to live together in their family. This right is protected by the human right to family life. A child may be separated from their family only in specific situations which are exhaustively listed in law.
Conditions
A child may be separated from their family only in the circumstances provided by law. These circumstances are:
- the child’s development, health or life is seriously threatened due to domestic violence or the suspicion of it
- the child’s development, health or life is seriously threatened due to a lack of parental care or detrimental domestic circumstances
- the child has committed a crime
- the child is seriously threatening his/her health by using alcohol or narcotics
example The child’s health and development is seriously threatened if the child is suffering from parental sexual abuse.
Unless the child has committed a crime and been given a prison sentence, he/she should not be separated from their family, if staying with the parents and preventing the detrimental circumstances is possible. Therefore, the need to separate a child from their family has to be carefully evaluated in each particular case.
important The fact that a child has been separated from his/her family does not mean that the family relationship is terminated. However, taking a child out of their family may start a process which may lead to the child’s adoption in the future. Adoption establishes a parent-child relationship between the adoptive parents and a child, and conclusively terminates his/her relations with the biological family.
Taking a child into out-of-family care
The court makes the decision on taking a child into out-of-family care if a child’s separation from their family is necessary. In this case, the child is cared for by either the legal guardian or by a foster family. The child may also be placed in a specialized child care institution. The child may also spend certain time in a medical or social rehabilitation institution if this is necessary for ensuring the child’s mental and physical welfare.
Suspension of parental custody
If a child has been separated from their family because his/her life, health or development is endangered due to violence, lack of care or other detrimental conditions, the Court must decide whether a parent’s custody over the child should be suspended.
The commission of a crime by a child or serious alcohol or narcotics addiction, along with other specific family conditions, may in certain situations be a basis for considering the need to suspend a parent’s custody rights.
Read more about the suspension of parental custody.
Return to family
Responsible institutions should work with the parents by providing educational, social and other assistance while the child is away from the family and is being cared for by the legal guardian, foster family or carers in a child care institution. These services should be provided to promote the return of the child to the family.
When favourable conditions for the child’s development in the family can be ensured, the out-of-family care should be terminated and the child returned to his/her family.
Read more about the different aspects that should be evaluated when making a decision about a child’s return to their family.
What human rights violation may there be?
Taking a child out of their family and other decisions related to the separation of a child from their family can violate the right to family life. If you as a parent have not been given the opportunity to be involved in a decision-making procedure, for example, by the denial of an opportunity to express your opinion, your right to a fair hearing may also be violated.
Read more about whether the decision to separate your child from their family was lawful.
If you believe your rights have been violated, read more about how to complain in order to protect your rights.