Vaiko išvežimo iš Lietuvos teisinis reguliavimas ir teismų praktika

Mikalauskienė, Raimonda

Dspace pagrindinis
→
Studentų baigiamieji darbai - Studijų programos
→
teisė
→
Peržiūrėti elementą

Vaiko išvežimo iš Lietuvos teisinis reguliavimas ir teismų praktika

Mikalauskienė, Raimonda

URI: http://dspace.kaunokolegija.lt//handle/123456789/1260

Data: 2018-06

Santrauka:

Pablogėjus poros santykiams, vienas tėvų išsiveža savo vaikus neribotam laikui, palieka Lietuvoje kitą iš tėvų, tokiu būdu likęs Lietuvoje tėvas netenka galimybės reguliariai ir tiesiogiai bendrauti su vaiku, o vaikas praranda galimybę matytis su abiem tėvais. Tokie procesai įgauna tarptautinį mąstą, svarbesnę vietą užima pinigai, geresnio gyvenimo viltis, o vaiko ir likusio tėvo bendravimas lieka antroje vietoje.

Description:

Legal Regulation of the Child`s Departure from Lithuania and the Case Low. Raimonda Mikalauskienė. Final Thesis for the professional Bachelor degree. Study Supervisor Lecturer Genovaitė Ročienė, Kauno kolegija/ University of Applied Sciences, Faculty of Management and Economics, Department of Law. The deterioration of the couple relationship, one of the parents take away their children for an indefinite period of time, leaving Lithuania from other parents. In this way, the rest of Lithuania's father loses the possibility of a regular and direct contact with the child, and the child loses the opportunity to appear with both parents. Such processes are gaining internationally important place, money take more important place, the hope of a better life, and the communication between the child and father remains in the second place. This shows that the problem is urgent and requires a broader and more detailed analysis. Relevance of the subject: Violations of the right of communication of the child and the deceased parent (mother). Under Lithuanian law, both parents, regardless of their marital status, and (or) a court decision establishing the child's place of residence in one of them, to be considered a child custody rights of the holders of their obligation to co-decide on the child's habitual residence by a ban on any of the parents to change individually. This principle of the principle of equality of parenthood is clearly formulated in the case law of the cassation court, but it is not always respected in life. Objectives of the study: To analyze the child's removal from Lithuania key issues of legal regulation and help to prevent possible unlawful removal of a child, a child and a separately living father (mother) communication rights abuses and effectively deal with international child abduction, which fulfills one of the parents' behavior, to ensure the best interests of the child wrongful removal the case. Methodology: In the Final Thesis of the professional Bachelor degree, the method of analysis of scientific literature, court practice, comparative method of legal regulation prevailing in Lithuania and other countries has been applied. The work is based on legal literature, legislation, research papers, articles, jurisprudence and other material relevant to the topic under discussion. Structure of the study: The Final Thesis of the professional Bachelor degree consists of content, summary, introduction (which defines the relevance of the topic and the problems and aims and tasks), three parts, conclusions, suggestions, list of literature and other information sources. Results of the study: Summarizing 2013-2017 Statistics are noticeable on the increase in the number of applications for the return of illegally expelled children. The increase in the number of children returning to Lithuania is also noticeable, but the relative numbers of children leaving and those who have not returned are still considerably high. Mostly children were taken away the person is mother, parents, children illegal exports the least, but the noticeable increasing trend. When a court decides to return a child under the Convention or the court refuses to return the child, the parent seeking his return must be guaranteed the opportunity to communicate with the child, except when such communication could harm the child. A court decision regarding the determination of the child's place of residence with one of the parents automatically does not authorize him to leave the child from Lithuania. Upon the decision of the court to return the child in accordance with the Convention or the court refusing to return the child, the parent seeking his return must be guaranteed the opportunity to communicate with the child, except when such communication could harm the child. Apply the most urgent legal procedures possible in cases of returning children, since the presence of a child abducted in custody may lead to irreversible consequences for relations between a child and his or her returning person. The Final Thesis of the professional Bachelor degree consists of 56 pages, 4 picture, 84 literature and information media sources.

Rodyti visą įrašą