Persistent case-law of administrative courts in cases on decisions of orphan’s courts is developed and courts came to essential findings – such conclusion is made in compilation of court decisions, which is prepared by the Department of Administrative Cases of the Supreme Court in cooperation with the Division of Case-law and the lawyer Iveta Zalpetere.  

The compilation includes analysis of 92 administrative cases reviewed in the Department of Administrative Cases of the Supreme Court and Administrative regional court between 2005 and 2014.

Issues related to children’s rights are extremely essential, thus very high demands on substantiation of decisions, which concern children’s rights, must be brought forward, - conclusions of case-law compilation point out. In all cases, when issues related to children are resolved by an administrative act, it must be assessed, when evaluating lawfulness of the administrative act, whether prerequisites for adoption of the decision existed at the moment of its adoption and if the decision complies with the best interests of the child.

In the study, particular attention is paid to cases on suspension of custody rights and removal of a child from the family, because they concern extremely important individual’s right to family. Moreover, removal of the child from the family affects this right in the most drastic way. If suspension of custody right was unlawful, the person may claim for appropriate reimbursement for pecuniary losses or personal injury, also moral injury caused to him or her by the administrative act or factual action of the institution.

Case-law summary also includes review of cases on appointment of a guardian to incapable person.  The Supreme Court points out – it is essential to learn the opinion of the incapable person and these wishes must be observed in a proper way, in compliance with interests of the incapable person.

In respect of appointment of a trustee for the property, individual’s ability and proficiency to supervise and keep trusted property is crucially important. It is reiterated in case-law that to become a guardian or a trustee is a responsibility rather than the right.

In administrative procedure in the court, actions of the orphan’s court related to particular public legal relations between municipality and private person are controlled. In general, authority of the orphan’s court is established in the Law on Orphan’s Courts and the Civil Law. Cases reviewed in administrative proceedings in the court mainly resolve issues related to right to guardianship and custody over the child, resolution of disagreements between parents, defence of personal interest of the child and guardianship over incapable person. In particular cases, issue on reimbursement of losses and moral injury caused is resolved.

Case-law summary “Case-law of administrative courts in cases on decisions of the orphan’s courts” is available on the web site of the Supreme Court in section Judicature/ Compilations of court decisions/ Administrative law

 

Information prepared by

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

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