VAIKO IR SKYRIUMI GYVENANČIO VIENO IŠ TĖVŲ MAKSIMALAUS BENDRAVIMO (50:50 PRINCIPU) NUSTATYMAS LIETUVOJE: TEISMŲ PRAKTIKOS AKTUALIJOS
ESTABLISHING MAXIMUM CONTACT (ON A 50:50 PRINCIPLE) BETWEEN A CHILD AND ONE PARENT LIVING SEPARATELY IN LITHUANIA: CURRENT ISSUES IN CASE LAW

Summary/Abstract: Given the increasing number of cases in which Lithuanian courts decide on the arrangements for a child’s communication with the parent living separately, under which the child spends an equal amount of time with both parents, the article analyses the criteria to be applied when assessing whether such an arrangement is compatible with the best interests of the child. Using document analysis, case law analysis, systematic and comparative methods, the article examines the relevant legal regulation, identifies the criteria established in the practice of the Supreme Court of Lithuania, and analyses their content and application in the most recent appellate case law. The article reveals that, according to the Supreme Court of Lithuania’s established practice, the key criteria to be evaluated should include: the child’s opinion, the child›s age and needs, parents› place of residence and distance from the child’s educational institution, parents’ ability to implement such an arrangement, the child›s bond with each parent, and inter-parental relationships. The influence of the Principles of European Family Law regarding Parental Responsibilities developed by the Commission on European Family Law (CEFL) may have shaped these criteria. The analysis of appellate court practice demonstrates that courts generally use these criteria for a comprehensive assessment of the child›s best interests when deciding on the establishment of maximum contact arrangements. However, it is observed that in most cases the evaluation is limited to only certain criteria rather than all of them, and a more thorough assessment of the aspect of interparental conflict is particularly lacking.

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