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

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

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

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

Preconditions for the child’s return Concept of the habitual place of residence: Concept of the habitual place of residence: - definition; - ECJ judgement of in the case No. C-523/07, Korkein hallinto - oikeus; - courts practice. Detecting unlawfulness: Detecting unlawfulness: - applicable law; - courts practice.

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

STATISTICS

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

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

Cases in the Courts of Latvia I Section 77 1 of Civil Procedure Law – Article 15 of Hague Convention; Section 77 1 of Civil Procedure Law – Article 15 of Hague Convention; 6 weeks rule; 6 weeks rule; National Law vs. International; National Law vs. International; Role of Orphan’s Courts; Role of Orphan’s Courts; Lack of direct communication among judges; Lack of direct communication among judges; Training. Training.

Cases in the Courts of Latvia II Detecting of unlawfulness; Detecting of unlawfulness; Article13 of Hague Convention – the most considered and applied grounds for non- return; Article13 of Hague Convention – the most considered and applied grounds for non- return; Consequences after the application of Article 13 of Hague Convention; Consequences after the application of Article 13 of Hague Convention; Article 20 of Hague Convention; Article 20 of Hague Convention; Formulation of decision. Formulation of decision.

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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