The Order In Which The Latvian Central Authority Under The 1980 Hague Convention Of 25 October On International Child Abduction On The Civil Aspects Of Such Activities And Cooperates With Other National And Local Authorities

Original Language Title: Kārtība, kādā Latvijas centrālā iestāde atbilstoši 1980.gada 25.oktobra Hāgas konvencijai par starptautiskās bērnu nolaupīšanas civiltiesiskajiem aspektiem veic tajā minētās darbības un sadarbojas ar citām valsts un pašvaldību iestādēm

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/157313

Cabinet of Ministers Regulations No. 322, Riga, 15 May 2007 (pr. No. 29) order in which the Latvian Central Authority under the 1980 Hague Convention of 25 October on international child abduction on the civil aspects of such activities and cooperates with other national and local institutions Issued under the Child Protection Act, article 61, paragraph 6, i. General questions 1. determines the order in which the Latvian Central Authority established in accordance with the law "On the Hague Convention on international child abduction civil aspects" (further-the central authority) , according to the 25 October 1980 Hague Convention on international child abduction civil aspects (hereinafter referred to as the Convention) carried out in steps and cooperate with other State and local authorities. 2. A person, institution, authority or foreign central authority (hereinafter the applicant) to the central authority may submit such a request: 2.1. unlawful to move to another State or another country suspended the return of the child under the Convention, Latvia article 8 (further-request (A));
2.2. unlawful to Latvia moved or in Latvia detained child returns the stranger in another country pursuant to article 8 of the Convention (hereinafter referred to as the request (B));
2.3. on access rights for a child who is resident in another country, according to article 21 of the Convention (hereinafter referred to as the request (C));
2.4. the use of rights of access for children whose place of residence is in Latvia pursuant to article 21 of the Convention (hereinafter referred to as the demand (D)). 3. by paragraph 2 of these regulations, according to the request of the central authority within three working days of the decision: adoption of the request 3.1;
3.2. on leaving without guidance, if a request does not meet the requirements laid down in the Convention. 4. If the central authority shall take a decision on the request, leaving without guidance, it shall forward its decision to the applicant and shall fix a time limit for the correction of deficiencies-within ten working days from the date of dispatch of the decision. 5. where the applicant within the shortcomings, the demand is considered not to have been filed and shall be returned to the applicant. Request that returned the applicant may be submitted. II. the central authority shall, on request, A receipt, or by a court decision (written) receipt of A submission request to the foreign State A request 6. receipt and acceptance of the decision the central authority not later than ten working days, submit A request to the Court or a foreign central authority, informing the applicant (determining which further submitted A request, the central authority shall comply with the request of the applicant). 7. Central Authority pursuant to these regulations shall be submitted to the Court point 6:7.1. request A;
7.2. where appropriate-in the request A certified translation into the State language. 8. Central Authority pursuant to these regulations shall be submitted to the foreign point 6 central authority: 8.1. request A;
8.2. where appropriate-request translation languages, defined as communication language in the application of the Convention, or document in the language of the requested State or in a language that the relevant public is announced as an affordable communication;
8.3. information about Latvian legislation provisions according to article 14 of the Convention. 9. following the decision of the Court (transcript) of A foreign State submitting the request according to article of the code 644.11 central authority requests (A) ten working days submit to the foreign central authority, informing the applicant. 10. Central Authority pursuant to paragraph 9 of these regulations the foreign central authority: (A) the request shall be submitted 10.1;
10.2. appropriate-request translation languages, defined as communication language in the application of the Convention, or document in the language of the requested State or in a language that the relevant public is announced as an affordable communication;
10.3. the decision of the Court (transcript) of A foreign State submitting the request;
10.4. the decision of the Court on request (copies of) A foreign State submitting a translation language, defined as the communication language in the application of the Convention, or document in the language of the requested State or in a language that the relevant public is announced as an affordable communication;
10.5. information about Latvian legislation provisions according to article 14 of the Convention. 11. By submitting a request to the foreign central authority or A court decision (transcript) of A foreign State submitting the request, the central authority may ask at the foreign central authority to make article 7 of the Convention in specific measures. III. the central authority shall, upon request, (C) receipt 12. upon request, the C and the decision of the central authority within ten working days submit to the foreign central authority: 12.1. request for exercise of rights of access for children whose place of residence is in another State;
12.2. where appropriate-request translation languages, defined as communication language in the application of the Convention, or document in the language of the requested State or in a language that the relevant public is announced as an affordable communication;
12.3. information about Latvian legislation provisions according to article 14 of the Convention. 13. By submitting a request to the central authority of the foreign country C, the central authority may ask the foreign central authority to make article 7 of the Convention in specific measures. IV. the central authority shall, upon request, (B) upon request of the receiving 14. (B) the receipt and the decision the central authority within three working days, inform the applicant of the receipt of the request (B). 15. The central authority of the applicant natural person--appoint the legal representative according to the Convention's article 7 and 26. The legal representative, if necessary, provide advice and representing the applicant before the Court of Justice. 16. the central authority within ten working days of receipt of the request, (B) and the decision of the requesting B and-where appropriate-the certified request (B) a translation in the language of the country: 16.1. Law of civil procedure the Court pursuant to the requirements of article 644.14, if possible, adding information about foreign laws and regulation under article 14 of the Convention;

16.2. the family courts at the location of the child or the place of residence of the person or location, which illegally transferred or seized the children, informing the Court that according to that rule 16.1. bottom point request B. 17. This rule 16.2. family courts referred to in paragraph (a) shall inform the central authority and the Court under this rule 16.1. the bottom point (B), on request: 17.1. the living conditions of the child;
17.2. the measures taken in the child's personal and property interests and the rights of defence;
17.3. If possible-the views of the voluntary return of the child or the potential for finding a peaceful settlement of the issue, which has been moved or detained children. V. Central Authority shall, upon request, of the receipt on request 18. D D receiving the central authority within three working days, inform the applicant of the receipt of the demand (D). 19. The central authority of the applicant natural person--appoint the legal representative according to the Convention's article 7 and 26. The legal representative, if necessary, provide advice and representing the applicant before the Court of Justice. 20. the central authority within ten working days after receipt of request D D and-where appropriate-of the officially approved translation of the language of the country submitting the family courts after the child's location or the civil code in article 181 of the place of residence of the person or a specified location. Vi. Central Authority 21. Where the central authority receives a request for A person and do not know the child's place of residence, the central authority may ask the authority which is competent for the searching of the child or the child's search, the international search of the child promulgated, as well as to provide information that can help determine the location of the child. 22. If the authority which is competent for the searching of the child or the child's search, receive this provision 21. requests referred to in paragraph 1, it shall notify the central authority of the child's date of promulgation of the international search or the reasons that prevented launching the international search. After finding the location of the authority that carried out the search of the child shall inform the central authority of the child's place of residence. 23. the national and local authorities, which the central authorities have received a request for information, according to the competency it immediately (as) look, take all measures possible to ensure the implementation of the Convention, and provide information to the central authority. 24. To provide information on the Convention and remove obstacles that hinder the application of the Convention, the Court Administration with central institutions methodical help not less frequently than once every two years, organised the training of judges and prosecutors on the application of the Convention and current issues. Prime Minister a. Halloween child and family Minister-Minister for Home Affairs i. Godmanis