Vaiko išvežimas iš Lietuvos: teisinis reguliavimas ir praktika
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The Article analyses the new amendments of the Civil Code of the Republic of Lithuania (further in the text – CC) relating to the parental rights and duties regarding a legal child’s relocation, as well as national and EU countries’ court practises concerning it. The CC is the main legal source determining the rights of parents, including the right on deciding upon the place of the residence of a child. According the Constitution, article 38 and article 3.156 of the CC establish that parents have equal rights and duties in respect to their children. Article 3.156 part 2 says that parents shall have equal rights and duties regarding their children, irrespective of whether the child was born to a married or unmarried couple, including after divorce, judicial nullity of the marriage or separation. Article 3.159 of the CC establishes that parents are jointly and severally responsible for the care and education of their children. Article 3.165 of the CC provides that parents decide all questions concerning children by their mutual agreement. In the event of a lack of agreement, the dispute shall be resolved by the court.
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