The Amendments To The Family Courts Law

Original Language Title: Grozījumi Bāriņtiesu likumā

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://www.vestnesis.lv/op/2012/200.1

The Saeima has adopted and the President promulgated the following laws: the law on the family courts to make family courts Act (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 2006, no. 15, no. 3; 2007; 2009, 2, 13, 14 no; Latvian journal, 2009, 193, 205. no; 2011, 112, 132. No.) the following amendments: 1. Replace the words "throughout the Act other incapacitated person" (the number and fold) with the words "the person in custody" (the number and fold), the words "final settlement" with the word "galanorēķin". 2. Replace the sixth subparagraph of article 2 and article 70 in the fourth and the sixth paragraph, the words "newspaper" journal "by the words" official publication "journal". 3. in article 16: supplement paragraph 5 with the words "except for the limitation of the capacity and the review and establishment of temporary custody"; Add to paragraph 6, after the word "children" with the words "and the people in custody". 4. in article 17: Add the article to a 3.1 point as follows: "provide information to the Court for 31), which has a role in the case of a person's capacity to limit the establishment of temporary guardianship and legal capacity limit review (for example, documents about personal views with respect to the limitation of the capacity, on inspection, the living conditions of other people's views on news from the social services, the referring physician, treatment, social care and rehabilitation institutions for credit institution transactions and account balances);"; Add to article 7.1 of the following paragraph: "71) heard the custody of persons in any matter affecting the interests of the person;". 5. Turn off the paragraph 2 of article 20. 6. turn off article 26, first paragraph, point 3. 7. Article 40: express first and second subparagraph by the following: "(1) the family courts, in accordance with a court order establishing guardianship of trustee appointed: 1) for the person with mental or other disabilities that restricted the capacity of the Court; 11) the person to whom the Court established a temporary guardianship; 2 person capacity), the Court restricted the dissolute or spendthrift life, alcohol or other intoxicating substances in excessive use; 3) absent or missing person's belongings; 4) heritage; 5) will run. (2) the family courts, in accordance with the chosen protector of the civil code and article 355.661, and make sure that the selected person needs and characteristics. Family courts under the auspices of the existing personal views on the trustee appointed. '; Add to article 2.1 part as follows: "(21) the appointment of a person as trustee of the family courts, in accordance with the Court ruling in its decision shall indicate the extent to which the patron act together with the person in custody and the person's own site, as well as the duration of the decision, if there is a specific court order."; to complement the fourth part with point 3 by the following: "3) personal interest to act in the person's custody or place with this person."; Add to article 4.1 part as follows: "(41) interim trustee to be appointed by the family courts, as determined by the Court, the decision on the establishment of temporary guardianship. In such cases, the family courts shall immediately appoint a protector. " 8. in article 41: replace the words "competent person" (fold) with the words "the person in custody" (fold); Add to the first paragraph and the second paragraph, the introductory paragraph, after the word "circumstances" with the words "subject to the judgment of the Court of Justice laid down"; to make the second part of paragraph 7 as follows: "7) checks whether the patron find persons in custody and want and manages property under their personal interests and the requirements of the law;" to supplement the article with the sixth part as follows: "(6) under the auspices of the family courts, defending the interests of persons: 1) decide on the conclusion of the marriage contract in accordance with article 114 of the civil code; 2) to patron of the code of the second subparagraph of article 270.2 deadline with a court application for a mandatory limit on the review of the capacity of the person with capacity constraints, as well as provide information to the Court, which has a role in the case of capacity constraints in the review; 3 inform the public prosecutor's Office if) a protector delay requires a capacity restriction under the auspices of the existing review of the person's interest; 4) settled disputes between persons in custody and its protector and, if necessary, to take a decision. If the person in custody or its patron on the decision taken is considered improper, the Court of Justice may bring civil proceedings in accordance with the procedure prescribed by law. " 9. Article 43 first paragraph: to make paragraph 1 by the following: "1) under the auspices of the Court the person lifted restrictions on capacity and ceased the custody of mental or other health impairment, patron of the galanorēķin and submitted by family courts transferred the property to the person concerned, in their governance;"; Add to part with 1.1 as follows: ' 11) under the auspices of the Court the person in temporary Trusteeship ceased the mental or other health disorder or the period of validity of a ruling on temporary custody, the establishment of family courts for the patron submitted galanorēķin, and transferred the property to the person concerned, in their governance; "; make point 2 as follows: "2) has been lost in circumstances that were the basis for the capacity constraint and the establishment of the person in the custody or wasteful life of debauchery, the Court lifted the restriction on capacity and ceased the Trusteeship;". 10. Turn off the article 44. 11. To complement the chapter IV with the following wording for article 44.3:27.5 "article. The Prosecutor's Office informed of the establishment of family courts in the custody of the Prosecutor's Office informed about the establishment of guardianship to the person with mental or other disabilities, when necessary to protect the person's interests. The Prosecutor's Office informed about a fosters in the custody of the adopting persons dissolute or spendthrift life, as well as alcohol or another intoxicating substance use risk of excessive lead yourself or your family in distress or poverty. " 12. Replace article 59, first paragraph, the words "incapacitated persons" with the words "persons with the capacity restriction". The law shall enter into force on January 1, 2013. The Parliament adopted the law in 2012 on November 29. The President a. Smith in Riga 2012 December 20.