SUBJECT-MATTER OF THE CLAIM IN LAWSUITS ON CUSTODY AND CONTACT RIGHTS

##plugins.themes.bootstrap3.article.main##

##plugins.themes.bootstrap3.article.sidebar##

PDF
Published: Nov 30, 2021

  Juris Bārtulis

Abstract

The article looks into the subject-matter of the claim in lawsuits on custody and contact rights. Potential claims in the lawsuits of the specific category depend on what rights and obligations are established for individuals based on substantive legal regulations and on the right of plaintiff violated in the plaintiff’s opinion. The rights derived from custody and contact rights and the obligations linked to such rights are stipulated in Subsection 3 ‘Custody’ of Section 2, Part 1 of the Civil Law. However, no specific list of possible lawsuits is provided in the substantive law. The author uses substantive legal regulations to compile a list of potential claims in lawsuits on custody and contact rights, paying particular attention to the procedural and judicial issues of reviewing such lawsuits and considering possible solutions. The article is based on the analysis of legal regulatory documents, court rulings and legal science. Systemic analyses and a comparative method are used.

How to Cite

Bārtulis, J. (2021). SUBJECT-MATTER OF THE CLAIM IN LAWSUITS ON CUSTODY AND CONTACT RIGHTS. Baltic Journal of Legal and Social Sciences, (2), 4-12. Retrieved from http://baltijapublishing.lv/index.php/bjlss/article/view/1298
Article views: 70 | PDF Downloads: 103

##plugins.themes.bootstrap3.article.details##

Keywords

custody rights, contact rights

References
1. Bukovskis Vladimirs, The Coursebook of the Civil procedure, Rīga, 1933.
2. The Commentaries of the Civil procedure law, Part I, Rīga, Tiesu namu aģentūra, 2011.
3. “On court practice in cases of child custody (joint, sole, daily custody), contact right and child support”, The Summary of court practice of the Civil department of the Senate of The Supreme Court , 2012.
4. . Vēbers J., [1985]., The Commentaries of the Marriage and Family Code of the Latvian SSR, Rīga: Avots.
5. The transformation of the institute of power of parents into the custody right, Ligita Pēlmane, Jurista Vārds, 20.07.2010., Nr.29 (624).
6. On application of norms of the family law, The Summary of court practice of the Civil department of the Senate of The Supreme Court , 2007.
7. Neimanis J., [2004]. An Introduction to Rights, Rīga: Jānis Neimanis.
8. Civil Law: a law of the Republic of Latvia. Valdības Vēstnesis, 41, 20.02.1937., with amendments.
9. Civil procedure law: a law of the Republic of Latvia. Latvijas Vēstnesis, 326/330 (1387/1391), 03.11.1998., with amendments.
Issue
No. 2 (2019): Baltic Journal of Legal and Social Sciences