In writing only: email and e-filing

KSTGeneral information, not legal advice
Synthetic · simulationNot a real case

Once the prosecutor has not applied to the court, which officials may ask the court to forfeit parental rights or change a guardian, and what must happen first?

General information · Not legal advice

Material to check

In practice material of this kind, we read the record showing the offence charged and that the abuser is the victim child's parent or guardian, the request a governor or mayor sent the prosecutor, the prosecutor's notification of the processing result with its date of receipt, and any direct application the official then lodged with the court.

These are types of material to look for, not evidence already verified by PRO SE.

Where readings differ

One reading keeps the prosecutor at the centre: where a child abuser has committed one of the offences the provision names and is the victim child's parent or guardian, and the prosecutor has not made that application, a governor, mayor or district mayor may request the prosecutor to apply, and the prosecutor must notify the processing result to that official within the period the provision sets from the day the request was received.

Another reading sets the conditions on the official's own step: notified of the processing result, the official may apply to the court directly only 'if there is an objection to that processing result', and only within the period the provision sets from the day of receipt; the provision does not say what the notification must contain or how an objection must be shown.

Your judgment

How could the file show that the official had an objection to the processing result within the period the provision sets?

PRO SE does not make this decision or keep a case record on this public site.

When to reconsider

We look at this again if the provision is amended to change which officials may apply to the court directly, or if a court decision explains how an official's objection to the processing result must be recorded.

Take this question furtherWhat stays with the party
You are reading PRO SE
RISCON Labsrisconlabs.com