The Amendments To The Family Courts Law

Original Language Title: Grozījumi Bāriņtiesu likumā

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/234860

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; 112. No. 2011) the following amendments: 1. Replace article 17, paragraph 4, the words "and national probation service" with the words "the national probation service and bailiffs".
2. Article 23: Supplement to article 1.1 part as follows: "(11) If a ruling on the child's return to the country where he is resident, the enforcement process (section 46.2 of the Civil Procedure Act) shall be handed to the representative of the child fosters further activities and if a child can not be delivered immediately to the country of his residence, family courts, family courts, Chairman, Vice-Chairman or member of the family courts the power to decide on the child's separation: 1) from the family and into the crisis centre or other secure location and the prohibition of child's parent or any other person that children unlawfully transferred or seized, or close relatives of the child other than a child of the crisis centre or other safe conditions;
2) refusal to notify the child's parent or any other person who the children unlawfully transferred or seized, or close relatives of the child, the child's position, or banning these parties to meet with a child, as long as it maintains a crisis center or other secure location, if these people can threaten the ruling further enforcement and preparation for bringing children back to the country of his residence. "
Add to the second part of the sentence as follows: "this article 1.1. in the case referred to in paragraph family courts, family courts, Chairman, Vice-Chairman or member of the family courts deliver the child crisis center or other secure location and the right to withdraw children from these sites is only the President of the family courts, family courts, or the Deputy Chairman, a member of the family courts, as well as the person who requested the return of the child, or his representative, in the presence of a representative of the family courts or court bailiff.";
to make the fourth subparagraph by the following: "(4) the power to adopt the family courts, family courts, Chairman, Vice-Chairman or member of the family courts, which are found in the territory covered by the first paragraph of this article or that the circumstances of the child is located, if the sole decision adopted in accordance with paragraph 1.1. The decision to immediately inform the family courts of the place of residence of the parents of the child, as well as the family courts, which ruled on the custody case or audžuģimen or the supervision of which is the thing, except the part referred to in 1.1 of this article. "
3. Add to article 24 of the third part as follows: "(3) if the decision is taken solely in accordance with article 23 of this law, it is part of the 1.1 in force until such time as the child be returned to a country where he is resident, but not longer than 15 days. If the child is not returned to the country where he is resident, the child shall be returned to the child's parent or any other person who the children unlawfully transferred or seized, and shall inform the bailiff. If the interests of the child is required to continue his preparation for bringing back to the country where he is resident, or if the child's health or psychological condition or other child-related reasons, the child was not returned to the country where he has his place of residence, family courts shall convene a meeting to decide on the need to extend this law article 23 1 or 2 of part 1.1. of the decision referred to in life, but no more than 15 days. "
4. Supplement article 44.2 of chapter IV with the following: "article 44.2. Interests of the child fosters actions for ruling on the child's return to the country where he is resident, a due process (1) ruling on the child's return to the country where he has his domicile, voluntary execution process or court bailiff within the time limit specified under the law of civil procedure article 620.11 persons covered by the ruling, have the right to request the assistance of the family courts, to prepare the child's return to the country where he has his residence.
(2) ruling on the child's return to the country where he is resident, the enforcement process in family courts out of the code of obligations laid down in section 46.2 and call at the discretion of the psychologist in the enforcement of the judgment. Ruling on the child's return to the country where he is resident, the enforcement process, the person who requested the return of the child, have the right to request the assistance of the family courts, to prepare for the arrival of the children back to the country of his residence.
(3) if the ruling is not participating in the enforcement of the person requesting the return of the child, the child shall be handed to the representative of family courts further activities.
(4) the family courts after the child by its representative, further activities, in cooperation with the Ministry of Justice and the person requesting the return of the child forthwith, ensure the child's arrival back to the country of his residence. If it is not possible to immediately, family courts shall adopt this law article 23 the decisions referred to in paragraph 1.1 of this law during the activity referred to in article 23 and in cooperation with the Ministry of Justice and the person requesting the return of the child, while not over the maximum of article 23 of this law the decision referred to in paragraph 1.1 of the duration of the action, as soon as possible, provide the child's arrival back to the country of his residence.
(5) If the decision of the child's return to the country where he has his residence, (Civil Procedure Act 644.20) has passed more than a year, the family courts after the parent or other person who unlawfully moved her children or detained, shall appoint a psychologist for an opinion, to ascertain the child's views on his arrival back to the country of his residence. "
5. Supplement with Chapter VI article 59.1 the following: 59.1 "article. Ruling on the child's return to the country where he has his residence, enforcement of this law to the obligations referred to in article 44.2 make family courts, where the area is in a child. "
The law shall enter into force on the 1 October 2011.
The law in the Parliament accepted 4 august 2011.
The President a. Smith in Riga august 24, 2011 in