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Agris Skudra Representative from the Latvian Central Authority for International Child Abduction

Application of rules on child abduction of Brussels I I bis Regulation and 1980 Hague Convention in the courts of Latvia. Agris Skudra Representative from the Latvian Central Authority for International Child Abduction

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Agris Skudra Representative from the Latvian Central Authority for International Child Abduction

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  1. Application of rules on child abduction of Brussels IIbis Regulation and 1980 Hague Convention in the courts of Latvia Agris Skudra Representative from the Latvian Central Authority for International Child Abduction conference“Jurisdiction and recognition and enforcement of judgements in cross-border matrimonial matters”, July 9-10, 2009, Riga

  2. LEGAL REGULATIONS • UN Convention on the Rights of the Children of November 20, 1989; • 1980 Hague Convention; • 1996 Hague Convention; • Brussels IIbis Regulation; • Civil Law; • Civil Procedure Law; • Regulations of the Cabinet of Minister No. 322 of May 15, 2007.

  3. INSTITUTIONS • Ministry of Justice (Central Authority since July 1, 2009) • City/district courts and regional courts (35 city/district courts, 6 regional courts) • Orphan’s Courts (In 2008 – 510) • State Police

  4. BASIC PRINCIPLES • Child’s interests; • Child’s habitual place of residence; • Other country’s law is respected; • Quick, effective mechanisms; • Successful cooperation; • Effective enforcement of the decision.

  5. Preconditions for the child’s return • Conceptofthehabitualplaceofresidence: • definition; • ECJ judgementof 02.04.2009. inthecase No. C-523/07, Korkeinhallinto - oikeus; • courtspractice. • Detectingunlawfulness: • applicablelaw; • courtspractice.

  6. PRINCIPLES OF NON-RETURN • Child has been settled in the new environment; • Risk of physical or psychological harm; • Child’s objections; • Person has not used his/her rights, has agreed to child’s removal/retention; • Recipient country’s basic principles regarding the protection of human rights and fundamental freedoms.

  7. STATISTICS

  8. FROM Latvia: Return – 18 Non-return – 6 Withdrawals– 14 Continuing – 14 From these: 6 – Section 771. of CPL Total: 52 TO Latvia: Voluntarily – 1 Return – 6 Non-return – 4 Withdrawals– 4 Total: 15 OUTCOMES

  9. COMMON FEATURES • Disagreement among parents; • Child’s abductor’s interests vs. child’s interests; • Role of relatives; • Role of mass media; • Lack of legal consciousness; • “I know I will lose”.

  10. CasesintheCourtsofLatvia I • Section 771 of Civil Procedure Law – Article 15 of Hague Convention; • 6 weeks rule; • National Law vs. International; • Role of Orphan’s Courts; • Lack of direct communication among judges; • Training.

  11. CasesintheCourtsofLatvia II • Detectingofunlawfulness; • Article13 ofHagueConvention – themostconsideredandappliedgroundsfornon-return; • ConsequencesaftertheapplicationofArticle 13 ofHagueConvention; • Article 20 ofHagueConvention; • Formulationofdecision.

  12. Thankyou! Questions? Comments?

  13. Application of rules on child abduction of Brussels IIbis Regulation and 1980 Hague Convention in the courts of Latvia Agris Skudra Representative from the Latvian Central Authority for International Child Abduction conference“Jurisdiction and recognition and enforcement of judgements in cross-border matrimonial matters”, July 9-10, 2009, Riga

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