A court in Oral (Uralsk) has heard a civil case brought by a father seeking to have his minor child live with him and to set a schedule for contact, the website infohub.kz reports.

The press service of the West Kazakhstan Regional Court said the parents' marriage had previously been dissolved and that a court had already ordered the child to live with the mother. The child, born in 2019, has lived with and been raised by the mother since the age of three months.

The plaintiff argued that the defendant was obstructing his contact with his son and had taken the child out of Kazakhstan without his consent. He therefore asked the court to order that the child live with him.

The proceedings established that the mother and child are temporarily living outside Kazakhstan because she is studying on a student visa. the Border Service of the National Security Committee of Kazakhstan confirmed there were no legal grounds to refuse them permission to cross the state border, given that the required documents were in order and no exit restrictions had been imposed.

In addition, in 2020 the guardianship and trusteeship authority set out a contact schedule for the father, as well as for the child's grandmother and aunt. However, the meetings provided for in the schedule were in practice never held at the initiative of the plaintiff and his relatives.

The court found that the mother had not obstructed the father's contact with the child, had offered to agree on dates and times for meetings, had consented to video calls and had provided information about the boy's health and schooling.

The case also examined information about the child's psychological state, his education and his living conditions. According to the reports submitted, the boy is doing well at school, takes an active part in school life and has adapted positively to the social environment familiar to him. The mother takes an active part in raising and educating her son and provides the necessary conditions for his life and development.

A psychologist's report, however, indicated that the child experienced emotional discomfort during video calls with his father.

A representative of the guardianship and trusteeship authority also concluded that the child's living with his mother was in his interests.

Weighing the evidence as a whole and guided by the principle of the best interests of the child, the court found no abuse of rights by the mother or violation of the child's rights.

The request for the child to live with his father was denied.

The request to set a contact schedule was, however, granted in part. Taking into account the child's psychological and emotional state, the court ruled that the father should have online contact with his son on the first and third Saturday of each month, lasting 15-20 minutes.

In reaching its decision, the court noted that the mother and child's stay outside Kazakhstan is temporary and that the mother intends to return home once her studies are complete.

The ruling is aimed at ensuring the best interests of the child while respecting the equal rights and duties of both parents.

The court decision has entered into force.