You may feel angry and cornered when you are accused of abusing your biological child or neglecting to take care of them. In fact, there is a possibility that you may lose custody if a legal report on this has been made and verified. Even if the child is not permanently settled in a new place, it is important to understand why this is happening. Also know how to regain custody if your child is forcibly detained.
Step
Method 1 of 4: Knowing Your Rights
Step 1. Find a lawyer
If custody of your child is revoked, you should consider hiring an experienced family attorney. Family attorneys specialize in a variety of areas (eg, divorce, adoption, custody). So make sure you choose a lawyer with experience in child law and custody matters. To find such a lawyer, contact your nearest bar association or visit their website. Lawyers associations in your area will often provide references according to client needs. You can also talk to friends or family for recommendations.
If you cannot afford the services of a lawyer, there will be a lawyer provided by the state at the first trial, namely the detention trial
Step 2. Ask the child to be placed in your sibling's house
At the first meeting with the officer in charge of the case (usually an officer from the National Commission for Child Protection), you can request that the child be placed in a relative's own home. When the officer comes, you should bring a relative who wants to accommodate the child. Despite this effort, the officer will still contact your relative to find a willingness to accommodate the child.
- In order for a child to be placed in a relative's home, the sibling must pass a background check and must be able to provide a room for the child. KPAI officers will check the house to ensure the safety of the child.
- In the United States, if the person who accommodates the child is unable to provide for the child's needs financially, that person will receive a monthly allowance to care for the child.
Step 3. Ask the KPAI about the allegations made against you
When your child is taken away, you have a right to know why. When the pick-up takes place, ask the clerk what charges you are facing. In addition, you can ask what the process will be and what you have to prepare. Finally, ask about the legal consequences you face at the end of the trial.
Step 4. Understand the right to see your child
If a child is forcibly taken, you have the right to visit him. Talk to KPAI to arrange this. In general, you have the right to visit your child within five days of being picked up. The first meeting will usually be supervised. After the meeting, talk to the KPAI officer to arrange a meeting with the child at a later date.
If you do not agree with KPAI's decision regarding the right to visit, you have the right to appeal to the court
Step 5. Take a look at your case timeline
When child custody is taken, the officer must complete a series of tasks within a certain time limit. This can ensure the child is not left out for too long and keep your trial running on time. As an overview, your case will be processed like this:
- On the first day, the child will be picked up and the officer must collect facts and prepare a lawsuit to the juvenile court for 48 hours.
- On the second day, you will be notified of the date and time of the first trial, namely the detention trial.
- On the third day, the KPAI officer will explain the basis for the claim and explain why your custody rights to the child have been revoked.
- On the fourth day (or 72 hours from the child's pick-up), a detention hearing will be held to determine where the child will live. The state will provide the services of a lawyer if you do not already have one.
Method 2 of 4: Through Trial Process
Step 1. Gather supporters
Before meeting with the KPAI, gather as many supporters as you can and ask them to accompany you. These supporters can be neighbors, family, the child's teacher, doctor, etc. They can talk to KPAI officials and make sure that you are worthy of child custody.
In addition, be prepared to explain why your child is safer at home. For example, if you are accused of neglecting to take care of your child, explain your plan not to do it again in the future to the KPAI officer
Step 2. Mediate
Usually, after the KPAI picks up the child, you will be asked to mediate. During the meeting, you and your supporters will meet with KPAI officers and discuss safety plans that can be put in place to restore custody. This safety plan will be prepared taking into account the safety factors of the child that caused the need to be rescued and ways to avoid it in the future.
- If all safety factors can be properly guaranteed, the child may be returned to you.
- However, if not all problems can be resolved, the child will still be placed in a safe house and a trial will be held.
Step 3. Read the detention hearing notice
At the detention hearing, the judge will study the case and determine where the child will be placed. Before the trial begins, you will be given the opportunity to read the lawsuit filed by the KPAI, and be allowed to ask questions. You must come to court to make sure the decision is made in the best interests of your child. If you come, you can help make the decision and show that you care about your own child in front of the jury.
If you don't show up, the court will continue the process without you and they will send a notification letter for the next trial
Step 4. Come to the court of jurisdiction
About two weeks after the detention trial, you have the opportunity to come to a jurisdictional trial. In this trial, you can admit or deny the facts of the trial given by the KPAI. The court will determine the validity of your claim and statement. When attending this trial, prepare yourself and make sure you have read and understood the lawsuit. If you can, bring evidence that shows you can take care of your child on your own.
- If the judge agrees with the lawsuit, the court will schedule a hearing which may be held simultaneously with the jurisdictional hearing or at a different time.
- If the judge approves your defense and finds the lawsuit invalid, your case may be closed and the child will be returned to you.
Step 5. Come to the hearing
At this hearing, the court will listen to the presentations of both parties and consider the evidence presented by them. If the court decides that custody of the child is appropriate for you, the judge will issue a decree explaining when and how you can visit the child and what punishment you will receive. If the court decides that the child should be returned to the parents, you have successfully regained custody.
As part of a court order, you must participate in the creation and supervision of a “case plan”. This document describes the social penalties you need to undergo, the steps you need to comply with, and a timeline for completing the process so that the child can be sent home
Step 6. Prepare proof that you can be a parent
When attending a hearing, make sure you are well prepared. If anyone can testify for you, bring him or her. If you have evidence that shows parenthood, bring it with you.
For example, if child custody is taken away due to unsafe housing conditions, move to a new, safer place for him. If your child is being picked up because you are using illegal drugs, bring a letter from the rehab center stating that you want to solve the problem
Method 3 of 4: Reuniting Your Family
Step 1. Attend the review hearing
If your child has to be in another place for a long period of time, you will need to come to a review hearing every 6 months, or even sooner. During the trial, the court will review the report from KPAI on the progress of your case plan. At this hearing, the court will determine whether custody will be returned or postponed. If you have followed the case plan and made positive progress, the child may be returned to you. If there is still work to be done, child custody may be suspended until further developments are made.
When attending a review hearing, be prepared to answer questions about the case plan and your ability to follow it. If you can, bring in people who can testify and support your claim. Consider making a list of the bullet points you've worked on and how they relate to your case plan. Try to meet all the requirements before coming to the first review hearing. If you can, your chances of regaining custody will increase
Step 2. Keep making progress
If custody of the child has not been returned after the first review hearing, ask the court and the KPAI about things that can increase your chances at the next trial. Everyone involved usually wants the child to be returned to the parents immediately so they will definitely want to give advice. Take the advice seriously and do what they say.
For example, if custody of your child is taken for alcohol or drug abuse, the courts may ask (or require) you to go to rehab. If so, do what the court asks and make progress. Custody of the child will be returned when the court believes that you are capable of parenting
Step 3. Ask to have the child returned to you
Over time, after you've completed all of your assignments and gone through a review hearing, the court will make a decision to reinstate the child. When this happens, your case will be closed and the child will be returned to you.
Method 4 of 4: Understanding the Process
Step 1. Be prepared to be contacted once the report against you is evaluated
When someone suspects that you are abusing your child or neglecting your responsibilities as a parent, they can report you to KPAI (Indonesian Child Protection Commission). ref>https://www.kpai.go.id/berita/kpai-lihat-kerasan-pada-anak-lapor Most of these reports were made by other parents, neighbors, teachers, and police officers. The most common reasons for such reports to appear include alcohol or drug abuse, physical abuse or neglect, and safety concerns in the residence. In general, after the incoming report is verified by the KPAI, you need to be prepared to get this response from the authorized officer:
- Partner agency response. When the KPAI officer concludes that the report is unproven or has no solid basis, the case will be closed. However, the officer may contact you to discuss the report and provide a referral to the nearest partner agency to help you avoid problems in the future.
- Differential response. If the KPAI officer handling your case finds that the report is valid, but there is no serious threat to the child's body and soul, the case will be closed and the officer will contact you regarding the report. He usually requires you to contact certain organizations to ensure the safety of the child's body and soul is maintained.
- KPAI standard response. If the officer deems there is a direct threat to the safety of the child's body and soul, the case will be opened and you will be notified.
Step 2. Wait for the decision on your case
When a child-related case is opened, your custody will not be immediately revoked. In general, this case has three possibilities:
- First, if the officer finds a high-risk factor (such as evidence of abuse or parental neglect), but considers that the threat has been reduced, you are still allowed to care for the child. However, you and the KPAI must make a “safety plan”, which is a series of things that you must do to maintain custody.
- Second, officers can involve authorized legal officers. If this happens, the courts will be involved until you can resolve the issue.
- Third, if officers find a serious safety threat, they can take the child by force and place him in a safe house.
Step 3. Know who has the right to take your child
When an officer decides that a child should be removed from your care for safety reasons, he or she will come to the house to talk to you and the child. With your permission, the officer will remove it from your home. If you do not give your consent, the officer may seek law enforcement assistance or request a court order. If this happens, the child can be forcibly picked up from his home.
Step 4. Know what happens when the child is moved
After the child is picked up at his home, he will be taken to the KPAI office and checked to ensure his health and safety. Then, the KPAI will determine where the child lives. Usually, the child in question will be placed in:
- Another parent's house;
- His brother's house; or
- Fostering house.
