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About Child Custody Law in Ukmerge, Republic of Lithuania

Child custody in Lithuania is governed by the Civil Code and related family law statutes. In practice, the law focuses on parental responsibility, the child’s residence, contact arrangements, and child maintenance. The core principle is the best interests of the child. Most parents keep joint parental authority after separation or divorce. The court can determine the child’s primary residence, set contact schedules, approve or amend parenting agreements, order child maintenance, and in exceptional cases limit or remove parental rights. The State Child Rights Protection and Adoption Service and its territorial divisions are involved when child welfare issues arise and may provide opinions to the court. In Ukmerge, cases are handled under national law, with local procedures and services available through the competent courts, the State Guaranteed Legal Aid Service, and the territorial child rights authorities.

Why You May Need a Lawyer

People usually seek legal help when they cannot agree on where a child will live, the schedule for time with each parent, or the amount of child maintenance. A lawyer is also helpful if one parent plans to relocate with the child, if there are allegations of neglect, violence, or substance abuse, or if you need urgent interim measures to protect the child or ensure contact. Legal assistance is valuable for drafting a clear parenting plan, preparing for mandatory mediation, representing you in court, enforcing or modifying existing orders, dealing with international elements such as travel consent or abduction claims, and navigating interactions with the State Child Rights Protection and Adoption Service. If you qualify, a lawyer can also guide you through state guaranteed legal aid.

Local Laws Overview

Best interests of the child. Lithuanian law requires that decisions prioritize the child’s safety, stability, health, education, and emotional ties. The court examines each family’s circumstances, including the child’s routine, parents’ ability to cooperate, and continuity of care.

Parental authority and residence. Parents generally retain equal rights and duties toward the child. The court can assign the child’s primary residence to one parent while preserving joint parental authority, or in rare cases restrict a parent’s rights for serious reasons. Contact arrangements are set to maintain a meaningful relationship with both parents unless it would harm the child.

Mandatory mediation. In many family disputes involving custody, residence, contact, and child maintenance, parties must first attempt state organized mandatory mediation before filing a claim in court. Urgent cases, such as immediate risks to the child, can proceed directly to court with requests for interim measures.

Hearing the child. If a child is mature enough, and typically from around age 10, the child’s views are heard directly or through specialists. The court evaluates the child’s opinion in light of the child’s age and best interests.

Interim measures. Courts can issue temporary orders on residence, contact, and maintenance to stabilize the situation while the case is pending. Urgent applications can be made when there is risk of harm or risk of one parent obstructing contact.

Child maintenance. Courts set maintenance based on the child’s needs and both parents’ financial capacity. There is no single rigid formula, but consistent monthly support is common. If the paying parent defaults, enforcement is carried out by bailiffs. State advance maintenance may be available through the competent authority when legal conditions are met.

Relocation and travel. Moving a child’s residence abroad without the other parent’s consent or a court order is not permitted. Even shorter foreign travel may require written consent from the other parent or a court decision. Disputes can be resolved through mediation or by the court.

International rules. As an EU member, Lithuania applies the Brussels IIb Regulation on parental responsibility and jurisdiction. Lithuania is party to the 1980 Hague Convention on International Child Abduction. These instruments help determine jurisdiction, recognize and enforce decisions, and ensure prompt return of wrongfully removed children.

Procedure and language. Cases are filed with the competent court for the child’s residence. Proceedings and filings are in Lithuanian. Foreign documents may need translation and legalization or an apostille. The State Child Rights Protection and Adoption Service may participate or provide assessments in cases affecting child welfare.

Enforcement and modifications. Parenting and maintenance orders are enforced through bailiffs. Orders can be modified if circumstances change, such as a parent’s relocation, changes in the child’s needs, or a substantial shift in income.

Frequently Asked Questions

What is the difference between custody and parental responsibility in Lithuania

Custody is commonly used to describe where a child lives and how parenting time is arranged. Lithuanian law uses parental authority to describe the ongoing rights and duties of both parents. After separation, both usually keep parental authority, while the court sets residence and contact if parents cannot agree.

Is mediation required before going to court in Ukmerge

Yes, in many family disputes involving residence, contact, and maintenance, parties must first attempt mandatory mediation organized through the State Guaranteed Legal Aid Service. Exceptions apply in urgent cases or where mediation would be inappropriate due to safety concerns.

How does the court decide where the child will live

The court considers the child’s best interests, continuity of care, each parent’s ability to meet the child’s needs, the quality of the child’s relationship with each parent, stability in schooling and community, and any risks to the child’s safety. The child’s views are considered when appropriate for the child’s age and maturity.

At what age will the court hear the child’s opinion

There is no strict age threshold, but as a practical guide the court seeks the views of children from around age 10. Younger children may also be heard through specialists. The child’s opinion is important but not decisive, since the court must still decide what is in the child’s best interests.

How is child maintenance calculated

There is no single mandatory formula. The court looks at the child’s reasonable expenses and both parents’ income, assets, and obligations. Maintenance is usually set as a monthly amount. It can be adjusted if circumstances change.

What if the other parent does not pay maintenance

You can enforce the order through a bailiff. If the debtor persistently fails to pay and legal criteria are met, you may apply for state advance maintenance payments from the competent authority, with recovery later sought from the debtor.

Can I relocate with my child within Lithuania or abroad

Relocation that significantly affects the other parent’s contact requires agreement or a court order. Moving abroad generally requires the other parent’s written consent or a court decision. Failing to obtain consent can lead to legal consequences, including international return proceedings.

Can we submit our own parenting agreement to be approved

Yes. Parents can agree on residence, contact, holidays, travel, decision making, and maintenance. The court can review and approve the agreement if it serves the child’s best interests. Mediation can help you reach a durable agreement.

What urgent protections are available if a child is at risk

You can request interim court measures to restrict contact, set temporary residence, or impose supervised contact. In immediate danger, contact the police and the State Child Rights Protection and Adoption Service. Protective measures under the Law on Protection against Domestic Violence may be available.

Do I need a lawyer, and is legal aid available

You are not required to have a lawyer, but professional help is strongly recommended, especially in contested or international cases. If you have low income, you may qualify for state guaranteed legal aid that can cover mediation and representation in court.

Additional Resources

State Child Rights Protection and Adoption Service and its Ukmerge territorial division. This authority safeguards child welfare, participates in proceedings, and provides guidance where protection issues arise.

State Guaranteed Legal Aid Service. Organizes mandatory mediation in family disputes and provides primary and secondary legal aid to eligible individuals.

Competent courts serving Ukmerge. Court registries provide filing guidance, hearing schedules, and information on jurisdiction for family cases.

Lithuanian Bar Association. A directory of licensed advocates who can represent you in mediation and court.

Chamber of Bailiffs of Lithuania. Information on bailiffs who enforce court orders for maintenance and contact.

Ukmerge District Municipality social services. Assistance with family support, social benefits, and referrals.

Police and emergency services. For immediate danger or enforcement of protective measures, contact emergency services by calling 112.

Next Steps

Clarify your objectives. Write down your goals regarding residence, contact, decision making, and maintenance. Consider practical details such as school location, transport, holidays, and medical care.

Gather key documents. Collect the child’s birth certificate, any previous court orders or agreements, school and medical records relevant to the child’s needs, proof of income and expenses, and any evidence of risks or interference with contact.

Attempt mediation. Register for mandatory mediation unless your situation qualifies for an exception. Prepare a proposed parenting plan and be ready to compromise where appropriate.

Consult a lawyer early. A local family lawyer can assess your case, prepare for mediation, draft settlement terms, and represent you in court if needed. Ask about eligibility for state guaranteed legal aid.

Seek interim protection if necessary. If there is immediate risk to the child or a risk of abduction, request interim measures from the court and contact the State Child Rights Protection and Adoption Service and the police.

File in the competent court. If mediation does not resolve the dispute, your lawyer can file a claim with the court serving Ukmerge. Ensure all documents are in Lithuanian or properly translated and legalized.

Focus on the child’s best interests. Keep records of parenting time, communications, and expenses. Avoid conflict in front of the child. Follow existing orders until they are changed by agreement or court decision.

This guide provides general information only. Laws and procedures change and every case is different. For personalized advice in Ukmerge, consult a qualified family law professional.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.