Hague 1980 Convention.pdf

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Preview of Hague 1980 Convention
🔗 Source: assets.hcch.net
📊 Size: 150 KB
👤 Author: Philippe Lortie
⬇️ Downloads: 159

Summary

Latvia has made significant developments in its legislation and procedural rules regarding international child abduction.

Key developments include:
1. Amendments to the Civil Procedure Law in 2011, adding a chapter on enforcement procedures for returning children to their habitual place of residence under the Hague 1980 Convention.
2. Concentration of jurisdiction since 2015, with the Riga City Ziemeļi District Court specializing in applications under the Hague Convention for returning children from Latvia.
3. Provisions for examining cases of wrongful removal of children across borders to a foreign state or detention in a foreign state, with the Riga City Ziemeļi District Court handling such cases.

Notable court decisions include:
1. A case where the court ruled that the risk of psychological harm to children upon return to the requesting state was caused by the actions of the taking parent, making Article 13(1)(b) inapplicable.
2. A case where the court calculated the 12-month time limit for return under Article 12(1) from the moment of child removal or retention to the initiation of the case.
3. A case where the court ensured the hearing of a child in proceedings by involving an orphan's representative and a psychologist, taking into account the child's age and maturity.

Relevant documentation and translations are available online, including the Civil Procedure Law and procedures for the Latvian Central Authority's cooperation with state and municipal authorities under the Hague 1980 Convention.

Description

Latvia has implemented changes to its legislation and procedural rules. Recent developments include updates to domestic legislation. International cooperation has been enhanced.

Technical Information

  • File Format: PDF
  • File Size: 150 KB
  • Pages: 15
  • Language: EN
  • Author: Philippe Lortie
  • Total Downloads: 159
  • Last Updated: 4 weeks ago

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