In order to promote uniform application of case law in matters related to custody, access, maintenance support and dealing with the child's property, the findings expressed in the Senate's rulings in this category of cases have been systematized.

These issues are regulated in the Civil Law, part one "Family Law", chapter two "Rights and Duties, as Between Parents and Children", sub-chapter three "Custody".

The compilation of case law is based on the rulings of the Senate’s Department of Administrative Cases and the Department of Civil Cases, which were passed in cases on custody rights, access rights and maintenance support issues between 2006 and September 2022.

For clarity and user convenience, the compilation is divided into seven chapters that deal with relevant legal issues.

The first chapter focuses on custody rights (about the concept, type and establishment of these rights).

The second chapter is devoted to issues of termination and withdrawal of custody rights.

The third chapter deals with access rights (including the establishment of the procedure for the implementation of the access rights).

The fourth chapter deals with issues related to the obligation to pay maintenance support.

The fifth chapter is devoted to two important procedural issues in cases related to rights and interests of a child, namely the principle of protection of children's rights and the hearing of the child, as well as the evaluation of the child's opinion.

The sixth chapter is devoted to procedural issues in civil cases and administrative cases.

The seventh chapter deals with the issues of orphans' courts, family support and the possible criminal liability of parents for violations of the rights of custody, care and access, as well as avoidance of maintenance support payment.

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

 

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