Protection of the personal interests of a child in relations with parents, guardians and others

Published: 24.01.2021.

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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).

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The Orphan's Court, in defending the personal interests of a child in relations with parents, guardians and other persons:
1. Decide on the authorisation to enter into a marriage before reaching the age of 18, provided that no parent or guardian has granted such authorisation.
2. Decide on the granting of majority before reaching the age of 18.
3. Send a child for advice to a family doctor, psychologist or other specialist if it is necessary for the protection of the interests of the child and the parents or guardian of the child do not agree to the receipt of the advice.
4. Consent shall be given to the provision of compulsory treatment to a child who has suffered psychological or behavioural disturbances due to the use of alcoholic beverages, narcotic drugs, psychotropic, toxic or other intoxicating substances, in case the child or his or her parents do not agree with the compulsory treatment. Consent shall be given by the Orphan's Courts of the child's residence.
5. Decide on the termination of the costs of State social benefits, survivors' pensions and support for celiac-sick children who have not been determined to be disabled to a person who does not raise the child and the payment to the person who actually raises the child or to the child himself if he or she has reached the age of 15.
6. If, for objective reasons, the parent or guardian of the child has not submitted to the court an application for temporary protection against violence in the interests of the child, the Orphan's Court shall submit this application to the court if: 6.1. any physical, sexual or psychological violence or violent control has been directed against the child; 6.2. information regarding possible physical, sexual or psychological abuse directed against the child has been received; 6.3. any physical, sexual, psychological or economic violence shall be directed against a person permanently living with a child; 6.4. information has been received regarding possible physical, sexual, psychological or economic violence against a person who is permanently resident with a child.
7. 7.1. ascertain the daily treatment of a child within 15 days from the receipt of an order of the bailiff; 7.2. inform the bailiff of the information relating to the whereabouts of the child and the child which he or she has obtained in fulfilling the order of the bailiff; 7.3. participate in the transfer of the child with the child; 7.4. perform further actions so that the child is returned to the State in which he or she has his or her place of residence, if the child is transferred to the Orphan's Court representative. After receipt of the notification of the Orphan's Court that the child has been returned to the State in which he or she has his or her place of residence, the bailiff shall draw up a statement regarding the fact that the decision has been complied with.
8. Perform other measures for the protection of the personal interests of the child specified in regulatory enactments.

Process description
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Process description

Service requests
The Orphan's Court, in defending the personal interests of a child in relations with parents, guardians and other persons:
1. Decide on the authorisation to enter into a marriage before reaching the age of 18, provided that no parent or guardian has granted such authorisation.
2. Decide on the granting of majority before reaching the age of 18.
3. Send a child for advice to a family doctor, psychologist or other specialist if it is necessary for the protection of the interests of the child and the parents or guardian of the child do not agree to the receipt of the advice.
4. Consent shall be given to the provision of compulsory treatment to a child who has suffered psychological or behavioural disturbances due to the use of alcoholic beverages, narcotic drugs, psychotropic, toxic or other intoxicating substances, in case the child or his or her parents do not agree with the compulsory treatment. Consent shall be given by the Orphan's Courts of the child's residence.
5. Decide on the termination of the costs of State social benefits, survivors' pensions and support for celiac-sick children who have not been determined to be disabled to a person who does not raise the child and the payment to the person who actually raises the child or to the child himself if he or she has reached the age of 15.
6. If, for objective reasons, the parent or guardian of the child has not submitted to the court an application for temporary protection against violence in the interests of the child, the Orphan's Court shall submit this application to the court if: 6.1. any physical, sexual or psychological violence or violent control has been directed against the child; 6.2. information regarding possible physical, sexual or psychological abuse directed against the child has been received; 6.3. any physical, sexual, psychological or economic violence shall be directed against a person permanently living with a child; 6.4. information has been received regarding possible physical, sexual, psychological or economic violence against a person who is permanently resident with a child.
7. 7.1. ascertain the daily treatment of a child within 15 days from the receipt of an order of the bailiff; 7.2. inform the bailiff of the information relating to the whereabouts of the child and the child which he or she has obtained in fulfilling the order of the bailiff; 7.3. participate in the transfer of the child with the child; 7.4. perform further actions so that the child is returned to the State in which he or she has his or her place of residence, if the child is transferred to the Orphan's Court representative. After receipt of the notification of the Orphan's Court that the child has been returned to the State in which he or she has his or her place of residence, the bailiff shall draw up a statement regarding the fact that the decision has been complied with.
8. Perform other measures for the protection of the personal interests of the child specified in regulatory enactments.
The person must produce a personal identification document.
Required documents:
1) an application with the requested request and the justification of the request;
2) copies of the information supporting documents necessary for the examination of the case and indicated in the submission (presenting the original) at the discretion of the submitter.

Depending on the case at hand, the information required to take a decision is clarified, in particular the opinion of the child, if the child is able to formulate it.
Documents may be submitted to the website, transmitted electronically (with a secure electronic signature) 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 portal for national and municipal services in www.latvija.gov.lv.