Termination or renewal of сustody rights of the children in Orphan’s Court Cover Image

Lietas izskatīšanas piekritība bāriņtiesās par aizgādības tiesību pārtraukšanu vai atjaunošanu
Termination or renewal of сustody rights of the children in Orphan’s Court

Author(s): Sandra Lauciņa
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Family and social welfare
Published by: Baltijas Starptautiskā akadēmija
Keywords: termination of custody rights; Orphan’s Court; declared place of residence; jurisdiction; parents;

Summary/Abstract: Problems with fulfilling parental responsibility that might lead to termination of custody rights are not a rarity in Latvia. How is the termination carried out from the legal and practical point of view? Research aim is to investigate whether there are legal and practical problems in solving Orphan’s Court matters on custody rights termination directly connected to jurisdiction. Research task: research on whether and how the introduction of declared place of residence principle in the Orphan’s Court Law promotes or hinders the decision process on custody rights in Orphan’s courts. Conclusions: if the declared place of residence of parents against whom a case on custody right termination is filed does not match with the actual place of residence, then, with the current jurisdiction, e.g. if the dispute is investigated by the Orphan’s Court of the parents’ declared place of residence, then this Orphan’s court encounters hardship to objectively and in a timely manner, with less resources evaluate the reason for terminating custody rights.

  • Issue Year: 45/2017
  • Issue No: 2
  • Page Range: 50-59
  • Page Count: 10
  • Language: Latvian