Cross-border placement of a child including foster family

Latvija
Sadržaj omogućio
European Judicial Network
Europska pravosudna mreža (u građanskim i trgovačkim stvarima)

1 Is there an obligation under your national law for prior consultation and the obtaining of consent before the cross-border placement of a child? Please mention possible exceptions.

Before ordering a cross-border placement of a child, the competent family court (bāriņtiesa) having jurisdiction over the territory where the child is being placed must be consulted and its consent must be obtained.

2 If prior consultation and consent are required, which authority is to be consulted and to give the consent?

A child placement plan must be notified to the Ministry of Justice of Latvia which will communicate with the competent family court regarding the issue of consent.

3 Please describe shortly the procedure for consultation and the obtaining of consent (including required documents, deadlines, modalities of the procedure, and other relevant details).

The Ministry of Justice of Latvia is the central contact point to handle placement orders referred to in Article 56 of the Regulation and to forward them to a competent authority in Latvia which issues placement decisions.

List of required documents:

1. Information about the child’s legal status and copies of all relevant court decisions, and a Latvian translation thereof;

2. Information about the reasons for the removal of the child from the family, and a Latvian translation thereof;

3. Copy of the child’s birth certificate;

4. Information about the child’s needs (health condition, education, emotional needs, and the languages which can be used to communicate with the child), and a Latvian translation thereof;

5. A school or preschool attendance certificate and medical records (medical examinations, vaccinations and diagnoses), and a Latvian translation thereof;

6. Information about the person or family the child is being placed with.

*Where a foreign authority has not named any particular individual in Latvia to place the child with, given the significance of ties to Latvia for the child, a family court will help to find a suitable guardian or foster family in Latvia.

4 What is a “foster family” according to the national law of your Member State?

In Latvia, children without parental care may be placed with a foster family or under guardianship.

A foster family is a family providing foster care to an orphan or a child deprived of parental care until the child is able to return to parental care where possible, or until the child is adopted or placed under guardianship.

A guardian assumes all the parental rights and responsibilities, and represents the child in personal and property matters.

5 Does the notion of “foster family” encompasses relatives or not? If yes, which ones?

A relative of the child, or a non-relative who is deemed by the family court as a person capable of performing the duties of a guardian, may be appointed guardian of the child.

Any relative willing to take care of the child may be appointed as guardian if he/she has the capacities and characteristics needed to perform the tasks of guardianship.

Last update: 23/06/2020

The national language version of this page is maintained by the respective EJN contact point. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. Neither the EJN nor the European Commission accept responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
Member States in charge of the management of national content pages are in the process of updating some of the content on this website in the light of the withdrawal of the United Kingdom from the European Union. If the site contains content that does not yet reflect the withdrawal of the United Kingdom, it is unintentional and will be addressed.

Povratne informacije

Koristite se obrascem u nastavku kako biste podijelili svoje komentare i povratne informacije o našoj novoj internetskoj stranici