Out-of-family care (custody)

Published: 24.01.2021.

Price

Free

Execution deadline in working days

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Recipient

Individual person

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Receiving restrictions

Description:

An application shall be examined within a period of one month if, for objective reasons, the referred to time period cannot be observed, the Orphan's Court may extend it in accordance with the procedures specified in Section 64 of the Administrative Procedure Law (for a period not exceeding four months from the date of submission of the application, but in the case of a long-term establishment of facts - up to a year).

Description:

Custody of minors agrees first with their immediate relatives, but this requires the approval of the Orphan's Court. The closest relatives of minors shall be considered to be those who, when these minors die, would be their legal heirs. As guardians, the Orphan's Court shall designate the most suitable of relatives who are equally close, but if the closest ones would prove inappropriate, then the furthest. The guardians cannot have: 1) persons who have been rejected by the parents in the will from custody of their remaining minors; 2) persons whose interests are evidently speaking against important interests of the ward; 3) the members of the Orphan's Court who supervise the relevant guardianship; 4) minors; 5) persons who have been punished for criminal offences related to violence or threats of violence - regardless of the deletion or removal of criminal records; 6) persons who have been punished for criminal offences against morality and dzimumneaizskaramību - regardless of the deletion or removal of criminal records; 7) persons who have been cancelled from the fulfilment of the duties of a guardian due to the untidy performance of the duties of the guardian; 8) persons who have been deprived of the status of a foster family or family, because they have not fulfilled their duties in accordance with the interests of the child; 9) persons who have been deprived of custody rights by a court judgment; 10) persons to whom a court has applied the coercive measures of a medical nature specified in the Criminal Law regarding a criminal offence provided for in the state of inadmissibility; 11) aliens, except in cases where guardianship agrees with relatives of the child or persons who are in a undivided holding with the minor.

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1. The Orphan's Court shall decide on the establishment of guardianship and the appointment of a guardian to a child, if:
1.1 the parents of the child have died or have been declared dead;
1.2. the parents of the child have been suspended or deprived of custody rights;
1.3. the parents of the child have been lost and announced in search;
1.4. the parents of the child are unable to properly care for and supervise the child due to illness;
1.5. both parents of the child are of minor age;
1.6. significant disagreements have arisen in the relations between the child and the parents;
1.7. other emergency cases have occurred (ensuring compliance with the requirements specified in regulatory enactments).
2. The Orphan's Court shall ensure that the person to be appointed as guardian has the necessary capabilities and qualities for the fulfilment of the duties of the guardian.
3. The Orphan's Court may, in special cases, appoint a guardian for a period of time, may appoint several guardians or a special guardian.
4. The Orphan's Court shall supervise custody. If errors have been determined in the settlement submitted by the guardian or the activities of a guardian who is not favourable to the interests of the child, the Orphan's Court
4.1. give the guardian appropriate instructions;
4.2. decide on the suspension of the guardian;
4.3. decide on the removal of the guardian.

Process description
Related documents

Process description

Service requests
1. The Orphan's Court shall decide on the establishment of guardianship and the appointment of a guardian to a child, if:
1.1 the parents of the child have died or have been declared dead;
1.2. the parents of the child have been suspended or deprived of custody rights;
1.3. the parents of the child have been lost and announced in search;
1.4. the parents of the child are unable to properly care for and supervise the child due to illness;
1.5. both parents of the child are of minor age;
1.6. significant disagreements have arisen in the relations between the child and the parents;
1.7. other emergency cases have occurred (ensuring compliance with the requirements specified in regulatory enactments).
2. The Orphan's Court shall ensure that the person to be appointed as guardian has the necessary capabilities and qualities for the fulfilment of the duties of the guardian.
3. The Orphan's Court may, in special cases, appoint a guardian for a period of time, may appoint several guardians or a special guardian.
4. The Orphan's Court shall supervise custody. If errors have been determined in the settlement submitted by the guardian or the activities of a guardian who is not favourable to the interests of the child, the Orphan's Court
4.1. give the guardian appropriate instructions;
4.2. decide on the suspension of the guardian;
4.3. decide on the removal of the guardian.
A person who wishes to be a guardian shall submit an application to the Orphan's Court with a request to appoint a person as guardian of the child (the submission shall indicate the motivation of the person to become a guardian), as well as an opinion regarding the state of health provided by a family doctor in the care of which the person has been for at least six months, as well as a psychiatrist and a narcologist. The person must produce a personal identification document.
The Orphan's Court shall determine which documents shall be submitted in addition, as for example:
1) a document attesting the guarantee with the residential area;
2) information regarding employment;
3) information regarding education;
4) a psychologist's opinion, etc.
The Orphan's Court shall ensure that the person to be appointed as guardian has the necessary capabilities and qualities for the fulfilment of the duties of the guardian, and shall evaluate the persons:
1) motivation to become guardian;
2) relations between family members;
3) employment;
4) living conditions;
5) the capacity to represent a child in personal and property relations.
The circumstances ascertained shall be evaluated at the meeting of the Orphan's Court and a relevant decision shall be taken.
Documents may be submitted in person, transmitted electronically or by post.
Receipt of services
The decision shall be taken at the meeting of the Orphan's Court and shall be notified to the parties.
The Orphan's Court shall draw up the decision in writing and send the transcript thereof to the participant in the administrative process within 10 working days after the taking of the decision. A true copy of the decision can also be received in person at the Riga Orphan's Court.
Similarly, a decision/reply can be sent to a person by post, to an e-mail address or to the electronically agreed national and municipal services portal www.latvija.gov.lv.