Current Issues in the Operation of Orphan’s and Custody Courts

On Thursday, 11 August, Deputy Prime Minister and Minister of Justice Jānis Bordāns and Minister of Welfare Gatis Eglītis discussed current issues in the operation of orphan’s and custody courts with representatives of the Association of Employees of Latvia’s Orphan’s and Custody Courts, as well as amendments to legislation drafted by the Ministry of Justice and submitted for consideration by the government, which provide for strengthening the capacity of orphan’s and custody courts in matters concerning their core functions by reducing their competence in performing so-called notarial functions.

J. Bordāns stressed: “The priority of orphan’s and custody courts is and will remain ensuring the protection of the rights and interests of the most vulnerable persons. The regulatory framework drafted by the Ministry of Justice provides for retaining the right of orphan’s and custody courts to perform those notarial acts that are social in nature. The current situation shows that, in addition to their core functions, orphan’s and custody courts deal with notarial, legal and administrative matters, which hampers the performance of their core functions”.

During the meeting, Solveiga Alksne, Head of the Association of Employees of Latvia’s Orphan’s and Custody Courts and Chair of the Jelgava Municipality Orphan’s and Custody Court, expressed the courts’ support for the planned changes to the regulatory framework, noting that they would improve the quality of decisions taken by orphan’s and custody courts and strengthen an individual approach to resolving issues concerning the protection of the rights and interests of children and persons under guardianship. At the same time, it was confirmed that orphan’s and custody courts are ready to continue performing notarial acts of a social nature, such as preparing powers of attorney for receiving pensions and maintenance payments, and certifying the authenticity of signatures on all documents, except applications for registration in the Land Register.

Minister of Welfare Gatis Eglītis stated: “The Ministry of Welfare appreciates the constructive cooperation with the Association of Employees of Latvia’s Orphan’s and Custody Courts during this challenging period of change, so that together we can address the many current challenges in the field of children’s rights protection and implement improvements related to the functional and institutional supervision of orphan’s and custody courts, the introduction of the information system for orphan’s and custody courts, and other matters.”

During the meeting, the Head of the Association of Employees of Latvia’s Orphan’s and Custody Courts also informed the cooperation partners about current and planned activities in the operation of orphan’s and custody courts and agreed on opportunities for further cooperation.

It should be noted that the package of draft laws prepared by the Ministry of Justice and submitted for consideration by the government, while retaining certain notarial acts within the competence of orphan’s and custody courts, includes amendments to the Orphan’s and Custody Courts Law, the Notariate Law, the Civil Law, the Law on Credit Institutions, the Land Register Law, and the Law “On the Time and Procedure for the Entry into Force and Application of the Family Law Part of the Civil Law of the Republic of Latvia of 1937 as Restored” and, does not concern or affect the competence of orphan’s and custody courts in dealing with matters of guardianship and trusteeship. It is planned that the draft laws will be considered at one of the forthcoming Cabinet meetings.