Disputes concerning the access to the child

The parents have equal rights of access to the child and involvement in the upbringing of the child. The parents should agree amongst themselves regarding the procedure of access to the child and the involvement in his or her upbringing. The father (mother) who lives together with the child should ensure the maximum access of the father or mother who does not live with the child to the child and the maximum opportunities to get involved in upbringing of the child. It is prohibited to interfere with the parents' access to the child, except where access to the child poses threat to the interests of the child. Interference with the access to the child is treated not only as violation of the right of one of the parents who lives separately but also as violation of the interests of the child.

As with all other matters related to child raising and upbringing, the matter of access to the child and involvement in upbringing of the child should be resolved by consensus between the parents. Should the parents fail to agree, the dispute concerning the access to the child and involvement in upbringing of the child shall be resolved by the court.

It should be noted that from 2020 January 1 Following the entry into force of the amendments to the Law on Mediation of the Republic of Lithuania, compulsory mediation in family cases was established, including cases concerning communication with a child. Mediation is an excellent opportunity for the peaceful settlement of disputes between parties, especially in family cases involving minor children, and it is essential to maintain peace and good relations between the parties. Thus, before applying to a court with a claim regarding the establishment of the procedure of access to the child, it is necessary to apply to the State-guaranteed legal aid service to appoint a mediator to hear the dispute between the parties. More information about mediation can be found here.

When the procedure of access to the child and involvement in upbringing of the child must be established

The general rule is that the procedure of access to the child and involvement in upbringing of the child shall be established by the court in cases where the parents fail to agree peacefully. For the most part, the procedure of access to the child by the parent who lives separately and involvement in the upbringing of the child is established when dealing with the matter of establishment of the place of residence of the child. However, this matter can also be dealt with separately (for example, it may appear that the habitual residence of the child has been established by the previous court judgement or order, but the dispute regarding the procedure of access to the child arises later; in such a case, such the dispute shall be dealt with separately from the matter of establishment of the place of residence of the child).