Process description
Service requests
1. The Orphan's Court shall decide on the termination of the child's custody rights for the parent if:
1.1. there are actual barriers preventing a parent from taking care of a child;
1.2. the child is present under conditions dangerous to health or life due to the fault of the parent (due to the deliberate behaviour or negligence of the parent);
1.3. a parent abuses his or her rights or does not ensure the care and supervision of the child;
1.4. the parent has given his or her consent to the adoption of the child, except where he or she has given consent as a spouse to the adoption of the child by the other spouse;
1.5. the abuse of the parent against the child has been determined or there are reasonable grounds for suspecting the abuse of the parent against the child.
2. The Orphan's Court shall decide on the renewal of the suspended custody rights for the parent, taking into account the interests of the child, if the reasons for the termination of the child's custody rights have been lost.
3. An Orphan's court shall decide regarding the filing of a claim to a court (bringing an action in court) for the subtraction of the custody rights of the parent, if:
3.1. the health or life of the child is endangered due to his or her guilt (due to the deliberate behaviour or negligence of the parent);
3.2. a parent abuses his or her rights or does not ensure the care and supervision of the child and may endanger the physical, mental or moral development of the child.
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.
The Orphan's Court, on its own initiative, shall decide on bringing an action in court regarding the subtraction of the child's custody rights to parents.
The Orphan's Court, in proposing a case regarding the termination of the child's custody rights to the parent, shall perform a risk assessment and inform the parent of the consequences and shall instruct him or her, in cooperation with the social service, to eliminate the conditions which are detrimental to the development of the child within a specified time period.
If the parent does not eliminate the conditions which are detrimental to the development of the child within this time period, and the stay of the child in the family may pose a threat to the life and health of the child, the Orphan's Court shall decide on the termination of the custody rights for the parent and the divorce of the child from the family.
The Orphan's Court, when taking a decision regarding the termination of the child's custody rights to the parent, shall inform the parents in writing:
1) regarding the obligation to co-operate with the social service of the local government of his or her place of residence and other institutions and persons in order to facilitate the return of the child to the family;
2) for the obligation to pay for the out-of-family care service provided to the child;
3) regarding the right to receive legal assistance provided by the State, if the parent complies with the conditions for receipt of such assistance specified in regulatory enactments.
In preparing a case regarding the renewal of the rights of custody of a child interrupted or for bringing an action in court for the subtraction of the custody rights of the parent, the Orphan's Court shall:
1) ascertain whether the reasons for the loss of the child's custody rights have been terminated for the parent;
2) request an opinion of the social service of the parents' place of residence regarding the possibilities for the child to return to the custody of the parent;
3) request information from a foster family, guardian or a long-term social care and social rehabilitation institution regarding the contact of a child and parent, mental and material support for parenting of a child during out-of-family care;
4) request other information, which is necessary in order to take a reasoned decision.
Documents may be submitted in person, transmitted electronically (signed 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
adoption of a 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.