In order to create uniform case law in matters related to family law, the Supreme Court has prepared a summary of Senate’s findings on out-of-family care (foster families and guardianship) and adoption.

Last year, a compilation of Senate’s findings on custody, access and maintenance issues was published. The new compilation proceeds with systematizing the Senate's findings related to the mutual rights and obligations of parents and children, examining issues related to foster families and guardianship, namely, the time when parents have been deprived of custody rights or these rights have been terminated. The findings of the Senate regarding the adoption issues are also systematized.

The summary contains the findings expressed in the rulings of the Department of Administrative Cases and the Department of Civil Cases of the Supreme Court (Senate) between March 2006 and October 2022.

The summary is prepared as commentary on legal acts, namely, the legal provision is indicated, followed by the opinions of the Senate expressed in connection with interpretation and application of the provision. If necessary, a commentary on the ruling of the Constitutional Court or changes in the legal framework can also be added to the opinion.

For clarity and user convenience, the compilation is divided into three chapters. The first chapter focuses on out-of-home care, namely foster families and guardianship, as well as related procedural issues.

The second chapter deals with adoption issues, including the pre-adoption procedure and procedural issues.

The third chapter is devoted to the principle of protection of children's rights and to hearing out the child.

The summary of the Senate's case law was prepared by the Division of Case-law and Research of the Supreme Court in cooperation with the Department of Administrative Cases and the Department of Civil Cases of the Senate (Supreme Court).

 

Information prepared by

Rasma Zvejniece, the Head of the Division of Communication of the Supreme Court

E-mail: rasma.zvejniece@at.gov.lv, telephone: +371 67020396, +371 28652211