The Saeima Legal Affairs Committee today approved for the first reading amendments to the Civil Procedure Law and the Notariate Law, which will ensure that agreements on child custody, contact rights, and child support in divorce cases acquire legally binding force and become directly enforceable without the need to go to court.
According to the explanatory note to the draft law, this will be achieved by requiring such agreements to be certified in the form of a notarial act, which allows for enforcement through compulsory execution if one of the parties fails to comply.
The draft law addresses the problem that, until now, while such agreements formally existed, they could not be enforced in uncontested proceedings. This often led to litigation in which the child became the subject of dispute, causing emotional stress, the Ministry of Justice explains.
The amendments strengthen the legal protection of the child
by eliminating the need to subject them to numerous procedural actions, such as psychological examinations or parallel proceedings in different institutions.
A sworn notary in this process acts as a neutral party who helps the parents reach an agreement and ensures that the agreement is clear, understandable, and legally sound. If the notary finds a dispute between the parties, an uncontested divorce is not permitted. Thus, the draft law not only simplifies the process but also reinforces the rule of law and the child’s best interests, the explanatory note states.
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