Holding Trafficking Agencies Accountable: Rights & Remedies for Georgian Families in Child Custody Disputes

When child-custody disputes intersect with trafficking or domestic-violence allegations in Georgia, families can find themselves dealing with the LEPL Agency for State Care and Assistance for the (Statutory) Victims of Human Trafficking (the “State Care Agency”), crisis centers, and court-ordered protection measures. This article explains what the Agency is, where its powers and duties come from, what rights you and your child have, and how to challenge mistakes or unlawful decisions—with a focus on practical steps families in Tbilisi, Batumi, Kutaisi and Rustavi can use now.

Short version: Georgia has built a victim-support system with EU and international backing, and monitoring bodies say the country meets core anti-trafficking standards. But independent reviews also flag service gaps and capacity constraints. If Agency actions affect your parental rights, you have inspection, complaint, appeal and judicial-review routes—plus ECHR remedies when family life is unjustifiably restricted. State DepartmentPortalombudsman.ge

 

Who is the State Care Agency and what does it do?

The State Care Agency is a legal entity of public law (LEPL) under the health/social policy sphere that assists statutory victims of human trafficking, operates shelters and crisis centers, and coordinates rehabilitation, protection and support services—including in cases that overlap with domestic violence and child protection. It is also listed by international bodies as a competent authority for victim care and related guardianship/support services. DevelopmentAidHCCH

Georgia’s anti-trafficking framework is regularly reviewed by:

• the U.S. State Department (Trafficking in Persons Report), which in 2024 assessed that Georgia meets the minimum standards and noted further improvements (e.g., opening additional shelter/crisis capacity); and

• the Council of Europe’s GRETA, which conducted a 2024 evaluation visit focused on vulnerabilities, ICT-facilitated exploitation, and measures to support victims. State DepartmentState DepartmentPortal

Why this matters in custody cases: Agency assessments, safety plans, and shelter placements can directly influence interim measures (residence, contact, supervised visitation). Knowing the Agency’s role helps you understand what is advice and what is a decision, and where to challenge it.

 

The funding and capacity picture (and why families feel the gaps)

Georgia’s victim-support and child-welfare capacities have benefited from EU-funded projects and international partners (UNICEF, IOM, World Vision). These initiatives include training social workers, strengthening case management, and publishing Agency activity reports—all aimed at better outcomes for families and children. UNICEFEU for Georgiageorgia.iom.int

At the same time, independent monitoring by the Public Defender (Ombudsman) highlights shortcomings found during 2024–2025 monitoring of state shelters and crisis centers—pointing to service quality issues and areas where agencies should improve responsiveness and standards. (These reports are valuable, citable tools when you need evidence of systemic problems in a case.) ombudsman.geombudsman.ge

Bottom line: Significant donor support exists—but implementation varies by region, caseload and staffing. If a service lapse affects your family, document it and use the remedies below.

 

Your rights when trafficking or DV allegations collide with custody

A. Due process & access to justice

• Court control: Custody, residence and visitation are ultimately judicial decisions under the Family Code and Civil Procedure Code. Agency opinions are influential, but not final.

• Victim assistance standards: GRETA’s Georgia assessments emphasize access to justice and effective remedies for victims, including legal aid and the non-punishment principle (victims not penalized for compelled conduct). These standards can shape how courts view parental conduct alleged to stem from exploitation. PortalCouncil of Europe

B. Information & records

• Get your file: You can request case materials and assessments that affect your parental rights. Use Georgia’s freedom-of-information rules (General Administrative Code) and request the full basis for any Agency recommendation sent to court. Where the Agency cites risk, ask for specifics and evidence sources (e.g., shelter intake notes, referrals, expert opinions).

• Data protection: For sensitive personal data (health, child interviews), invoke data-access rights and ask for redacted copies if needed. Courts can order disclosure where fairness requires it.

C. Contact and safety measures

• Courts balance the child’s best interests with victim protection. Where risk exists, interim tools include supervised visitation, no-contact orders, and enhanced enforcement (Georgia has continued strengthening DV responses; shelters and crisis centers form part of the protective net). If restrictions are broader than necessary, ask the court for narrowly tailored conditions (e.g., supervised hand-overs, structured calls). ombudsman.ge

 

Remedies when agencies get it wrong

If you believe Agency action (or inaction) breached the law or harmed your family’s rights, use a tiered strategy:

1. Internal written complaint to the Agency

   • Identify the decision, delay or omission, give dates, attach evidence, and request a written response with legal basis. Reference any Public Defender findings that match your issue (e.g., service-quality shortcomings). ombudsman.ge

2. Public Defender (Ombudsman) complaint

   • The Ombudsman has mandate to monitor shelters/crisis centers and issue recommendations. Submitting a concise, evidence-rich complaint can generate independent scrutiny and a published recommendation you can later cite in court. Recent special reports are directly on point. ombudsman.geombudsman.ge

3. Judicial review (administrative suit)

   • If a formal administrative act by the Agency (e.g., decision denying a service, or an order that practically restricts contact) affects your rights, you can bring an administrative claim for annulment or compulsion to act, citing procedural defects, disproportionality, or lack of evidence.

4. Family-court motion

   • In parallel, ask the Tbilisi/Batumi City Court to:

     • Order disclosure of Agency records relied upon;

     • Appoint independent experts (e.g., forensic psychologists) rather than relying solely on an Agency assessment;

     • Revise interim measures (e.g., move from suspension to supervised visitation) when Agency concerns lack substantiation.
       Courts are receptive to targeted, child-focused adjustments grounded in evidence (school reports, medical notes, RS.ge income proofs, communication logs).

5. European Court of Human Rights (ECHR)

   • If state action (including reliance on inadequate agency work) unjustifiably interferes with family life, an Article 8 ECHR argument may be available after domestic remedies. Georgia’s anti-trafficking progress is acknowledged internationally, but ECHR scrutiny remains a backstop for delays, non-disclosure, or over-broad contact restrictions. (GRETA and TIP analyses help demonstrate standards Georgia has committed to.) State DepartmentPortal

 

Evidence families should organize early

• Chronology of Agency interactions (dates, who said what, copies of emails, hotline calls, shelter intake notes).

• Independent records: school attendance, medical letters, counseling notes, police reports, and RS.ge declarations where finances are in issue.

• Alternative care plan: if the Agency argues risk, propose supervised or structured visitation, neutral exchange points, and communication schedules that protect the child while preserving bonds.

• Monitoring citations: attach Public Defender 2024/2025 shelter-monitoring extracts that match your service-quality concern (e.g., access to specialists, compliance with standards). ombudsman.geombudsman.ge

 

International and donor context—use it (carefully)

Georgia has active partnerships with EU, UNICEF, IOM and NGOs aimed at strengthening social work, case management, and victim care. When you need corrective action in your file, it is legitimate to reference these standards and projects—not as rhetoric, but to ask the court or Agency to align your case with the very quality benchmarks Georgia reports to partners. UNICEFEU for Georgiageorgia.iom.int

Avoid unproven claims of “wasted funding.” Instead, cite the monitoring (e.g., Ombudsman reports) and ask for concrete fixes: timely assessments, specialist referrals, transparent reasoning, and child-focused, proportionate measures. ombudsman.geombudsman.ge

 

Quick action plan if your custody case involves the State Care Agency

1. Request your file (FOI + data-access) and a reasoned written decision behind any recommendations.

2. File an internal complaint if deadlines are missed or assessments are conclusory.

3. Move the family court for disclosure, independent expertise, and proportionate interim orders.

4. Escalate to the Public Defender with a well-documented brief citing the 2024/25 monitoring findings.

5. Consider judicial review of any formal administrative act that restricts your rights without lawful basis.

6. Preserve ECHR options (Article 8) once domestic avenues are exhausted.

 

What we’re telling clients in 2025

• Georgia’s anti-trafficking architecture is real and recognized, but capacity and consistency still vary—especially outside Tbilisi. Use evidence and procedure to keep your case on track. State DepartmentPortal

• Independent oversight exists (Ombudsman/monitoring). Leverage it with precise complaints and ask courts to take judicial notice of recent findings. ombudsman.geombudsman.ge

• Donor-backed standards (EU/UNICEF/IOM) are a floor for quality, not a ceiling. Where service falls short, ask for alignment—and propose practical, child-safe solutions. UNICEFEU for Georgia