RELOCATION OF CHILDREN FROM LITHUANIA: LEGAL REGULATION AND PRACTISE
##plugins.themes.bootstrap3.article.main##
Abstract
The Article analyses the new amendments of the Civil Code of the Republic of Lithuania (further in the text – CC) relating to the parental rights and duties regarding a legal child’s relocation, as well as national and EU countries’ court practises concerning it.
The CC is the main legal source determining the rights of parents, including the right on deciding upon the place of the residence of a child. According the Constitution, article 38 and article 3.156 of the CC establish that parents have equal rights and duties in respect to their children. Article 3.156 part 2 says that parents shall have equal rights and duties regarding their children, irrespective of whether the child was born to a married or unmarried couple, including after divorce, judicial nullity of the marriage or separation. Article 3.159 of the CC establishes that parents are jointly and severally responsible for the care and education of their children. Article 3.165 of the CC provides that parents decide all questions concerning children by their mutual agreement. In the event of a lack of agreement, the dispute shall be resolved by the court.
According to part 1 article 3.168, a child’s residence shall be determined in accordance with the rules of Book Two hereof (articles 2.12 – 2.17). According to these articles, the place of the residence of the child is automatically the place of residence of his/her parents. Article 3.170 provides that a non-residential parent shall have a right to have contact with the child and be involved in the child’s education. According to part 2 of this article, a child whose parents are separated shall have a right to have constant and direct contact with both parents irrespective of their residence.
Disputes concerning whether, in cases involving the transfer of a child’s primary residence, the consent of the non-residential parent is necessary arise. During the past few years, a growing number of parental abduction cases and different interpretation of the Lithuanian laws by national and foreign countries’ courts have shown that the present regulation is insufficient. Taking this into account, new amendments of the Civil Code were adopted, intended to prevent child abduction, protect the child and non-resident parent relations, and increase the confidence of people in the state and law. Knowing that a judgment on the child’s place of residence with one parent automatically does not grant permission for child relocation without the consent of the non-residential parent, would reduce tensions in disputes concerning children and encourage the parties to work together to focus on the best interest of the child.
The CC is the main legal source determining the rights of parents, including the right on deciding upon the place of the residence of a child. According the Constitution, article 38 and article 3.156 of the CC establish that parents have equal rights and duties in respect to their children. Article 3.156 part 2 says that parents shall have equal rights and duties regarding their children, irrespective of whether the child was born to a married or unmarried couple, including after divorce, judicial nullity of the marriage or separation. Article 3.159 of the CC establishes that parents are jointly and severally responsible for the care and education of their children. Article 3.165 of the CC provides that parents decide all questions concerning children by their mutual agreement. In the event of a lack of agreement, the dispute shall be resolved by the court.
According to part 1 article 3.168, a child’s residence shall be determined in accordance with the rules of Book Two hereof (articles 2.12 – 2.17). According to these articles, the place of the residence of the child is automatically the place of residence of his/her parents. Article 3.170 provides that a non-residential parent shall have a right to have contact with the child and be involved in the child’s education. According to part 2 of this article, a child whose parents are separated shall have a right to have constant and direct contact with both parents irrespective of their residence.
Disputes concerning whether, in cases involving the transfer of a child’s primary residence, the consent of the non-residential parent is necessary arise. During the past few years, a growing number of parental abduction cases and different interpretation of the Lithuanian laws by national and foreign countries’ courts have shown that the present regulation is insufficient. Taking this into account, new amendments of the Civil Code were adopted, intended to prevent child abduction, protect the child and non-resident parent relations, and increase the confidence of people in the state and law. Knowing that a judgment on the child’s place of residence with one parent automatically does not grant permission for child relocation without the consent of the non-residential parent, would reduce tensions in disputes concerning children and encourage the parties to work together to focus on the best interest of the child.
##plugins.themes.bootstrap3.article.details##
Section
Articles
Authors contributing to Jurisprudence agree to publish their articles under a Creative Commons Attribution-NoDerivatives 4.0 International Public (CC BY-NC-ND) License, allowing third parties to share their work (copy, distribute, transmit) and to adapt it, under the condition that the authors are given credit, and that in the event of reuse or distribution, the terms of this licence are made clear.
Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
