You have the right to complain if you believe that a court’s decisions taken within the return procedure of your child, such as the court’s refusal to submit a request to return the child to Latvia or refusal to return the child to Latvia are unlawful and thus have violated your right to a private and family life.
Refusal to submit a request to return a child to Latvia
The complaint procedure will differ depending on whether you have:
- asked the civil court (in Latvian: vispārējās jurisdikcijas tiesa) of Latvia to submit a request to return the child to Latvia
- applied to a court of the state to which your child has been wrongfully removed, for a decision to return the child to Latvia
Read more about different return procedures.
If a civil court in Latvia has refused to submit a return request to Latvia, you may appeal this decision to a higher-level court: a regional court (in Latvian: apgabaltiesa). The procedure and time-limits for the appeal should be indicated in the lower court’s decision.
Application
In your application to the court, you should:
- refer to the relevant legal provisions that give you the right to ask the court to submit a child’s return request to Latvia
- provide information that proves the child’s current residence outside of Latvia
- add all relevant documents that substantiate your request, if there are any
You can learn more about the legal requirements for your application in the Civil Procedure Law.
Read more about your rights in civil court proceedings.
Court’s decision
After examining your claim, the court will decide whether the request to return the child to Latvia should be submitted to the competent authority continuing the return procedure.
Refusal to return a child to Latvia
If the court of the state to which your child has been wrongfully removed has refused to return the child to Latvia, the procedure and time-limits for the appeal will be regulated by the law of the respective state. This should also be indicated in the decision. In such case, you should seek a lawyer’s advice or assistance and consultation with the competent authority.