TERMINATION OR RENEWAL OF USTODY RIGHTS OF THE CHILDREN IN ORPHAN’S COURT

Abstract

Problems with ful lling parental responsibility that might lead to termination of custody rights are not a rarity in Latvia. How is the termination carried out from the legal and practical point of view? Research aim is to investigate whether there are legal and practical problems in solving Orphans Court matters on custody rights termination directly connected to jurisdiction. Research task: research on whether and how the introduction of declared place of residence principle in the Orphans Court Law promotes or hinders the decision process on custody rights in Orphans courts. Conclusions: if the declared place of residence of parents against whom a case on custody right termination is  led does not match with the actual place of residence, then, with the current jurisdiction, e.g. if the dispute is investigated by the Orphans Court of the parents declared place of residence, then this Orphans court encounters hardship to objectively and in a timely manner, with less resources evaluate the reason for terminating custody rights.