"Separation of a child from his or her parents is not a goal and it is not a panacea. This is an extreme measure that should be used only when it is necessary for the best interests of the child. The child should grow up with its parents whenever possible" - said Tbilisi City Court Judge Davit Tsereteli at a specially conveyed meeting between the Child Rights Practice Group member judges and representatives of the Agency for State Care and Assistance for the Victims of Human Trafficking. 

Held on November 5, 2022, with a focus on the Code on the Rights of the Child, nine judges and seven Agency representatives discussed two issues: deciding on separation of a child from its parent(s), and the periodic review of the decision on how to protect the best interest of a child.

"Judges determine the future of minors and their parents, and therefore significant support and resources should be directed to these people. USAID has extensive experience in supporting the State Care Agency, and it is gratifying that these two USAID-supported initiatives will now work together to protect the best interests of the child.” - said Rusudan Tabatadze, Rule of Law Project Management Specialist at the USAID/Caucasus Democracy, Rights and Governance Office. 

Presenters at the special practice group meeting included Tbilisi City Court Judges David Tsereteli and Lela Mildenberger andAgency representatives Tamta Babunashvili and Elene Martashvili. The discussion panels were moderated by Tbilisi City Court Judge Khatuna Jinoria. 

In the discussions between judges and representatives of the State Care Agency, judges mentioned their belief that motions submitted to courts by the Agency should provide more comprehensive information so that judicial review of each case can determine whether the separation of a child from its parents is necessary for the best interest of the child. Judges also expressed their belief that there should be detailed procedural regulations in the Administrative Procedural Code on the judicial review of motions on separation of the child from parents based on the Code, including regulations that define rules for oral hearings, the right of a child to be heard, and the time of separation. 

Agency representatives stated their belief that the Code on the Rights of the Childshould apply to all cases involving children, whether or not the case commenced after the Code was enacted. The Agency representatives also emphasized that different courts have different practices in this regard and that there should be a unified practice across courts.