How are child custody and family reunification affected after divorce in Kazakhstan?
ENTRANCE
Divorce is not limited to the termination of the marital bond between spouses. It has significant legal consequences, particularly regarding child custody and the immigration status of parents. In Kazakhstan, the issue of child custody after divorce is of particular importance in both family law and immigration law. This is because custody decisions determine which parent the child will live with, and also directly affect family reunification visas and residence permits.
I. Legal Framework
In Kazakhstan, matters of child custody and family reunification are regulated according to the following legal principles:
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Kazakhstan Family Code (Marriage and Family Code)
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Immigration Law and Foreigners Law
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United Nations Convention on the Rights of the Child (Kazakhstan is a party to it)
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Bilateral agreements between Türkiye and Kazakhstan (in the context of education, family and protection of social rights)
II. Child Custody After Divorce
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Custody Rights:
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Child custody is generally determined according to the principle of the child's best interests.
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The court considers who the child would be best suited to live with, taking into account economic and social conditions.
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Joint Custody Possibility:
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In Kazakhstan, custody is generally granted to the mother. However, it is possible for the father to obtain sole custody if the circumstances allow.
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If the parties agree, a joint custody decision can also be made.
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The Child's Perspective:
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The opinions of children over the age of 10 are taken into consideration by the court.
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Financial Obligations:
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The parent who is not granted custody is responsible for contributing to the child's care and education expenses.
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III. The Impact of Custody Decisions on Family Reunification
Child custody after divorce can directly affect family reunification visas and residence permits:
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If the child will remain in Kazakhstan: The parent with legal custody has the right to reside with the child.
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If the child will remain in a foreign country: The parent in Kazakhstan can apply for family reunification to bring the child to their side.
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In cases of joint custody: Both parents are responsible for respecting the child's visitation rights. This requires cross-border visitation permits and travel documents.
IV. Required Documents
For child custody and family reunification after divorce, the following documents are usually required:
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Divorce decree issued by the court,
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The child's birth certificate,
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The court order showing the custody decision,
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The child's passport or identity document,
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Parent's residence certificate and financial documents,
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Consular application form for family reunification visa.
V. Fictional Case Study
Person A is a Turkish citizen married to a Kazakhstani citizen. They have one child. After some time, their marital relationship deteriorated, and the couple filed for divorce.
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Custody Decision: The court, considering the best interests of the child, grants custody to the mother. However, the father (Person A) agrees to contribute to the child's education.
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Immigration Law Consequences: Person A's residence permit in Kazakhstan was initially obtained through family reunification. Following the divorce, the residence permit loses its validity. However, as the father of the child, he can apply for a new residence permit.
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Solution: Person A, by applying to the Immigration Office with the court decision and the child's birth certificate, obtains a "residence permit through the child." Thus, they can continue to live in Kazakhstan without severing their ties with their child.
This case demonstrates that family reunification after divorce does not completely end, and can continue, particularly through the children.
VI. Reasons for Refusal
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Detection of a fraudulent marriage or that the marriage was entered into solely for the purpose of obtaining a residence permit,
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An application that is contrary to the best interests of the child,
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Parent's history of serious crime,
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Insufficient financial capacity,
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Applications that could lead to a breakdown in the child's relationship with the other parent.
VII. Appeal Procedures
In case of rejection, the applicant:
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You can apply to the administrative authorities for reconsideration
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You can file a lawsuit in administrative court to request the annulment of the rejection decision
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Türkiye and Kazakhstan can request diplomatic assistance through their consulates.
VIII. The Rights of the Child
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Regardless of which parent the child lives with, the child has the right to establish a personal relationship with the other parent.
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The rights to education, health, and housing are guaranteed by international conventions.
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The child's citizenship status is also important; a child who is a citizen of Kazakhstan has the right to stay in the country.
IX. Conclusion
In Kazakhstan, child custody after divorce directly affects family reunification visas. Custody decisions can shape parents' residence permits. However, the principle of the best interests of the child takes precedence in both family law and immigration law. For Turkish citizens, it is possible to obtain a residence permit in Kazakhstan even after divorce, based on child custody or contact rights. Seeking professional legal advice plays a critical role in protecting the rights of both the parent and the child.
Gamze Akbulut, Law Faculty Student
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