Law and Regulations on Family law and Mediation

In this section you can find EU law, Hague conventions and national law (Latvia, Lithuania, Austria and Italy) on Family matters and mediation.

EU Regulations on Family Law and Mediation

1. Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000
2. Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (recast)
3. Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations
4. Council Regulation (EU) No 1259/2010 of 20 December 2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation
5. Council Regulation (EU) 2016/1103 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes
6. Council Regulation (EU) 2016/1104 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of the property consequences of registered partnerships
7. Regulation (EU) 2016/1191 of the European Parliament and of the Council of 6 July 2016 on promoting the free movement of citizens by simplifying the requirements for presenting certain public documents in the European Union and amending Regulation (EU) No 1024/2012

Hague Conventions

1. The Hague Convention on jurisdiction, applicable law, recognition, enforcement and co-operations in respect of parental responsibility and measures for the protection of children of 19 October 1996
2. The Hague Convention on the civil aspects of international child abduction of 25 October 1980
3. Guide to Good Practice on Article 13(1)(b) of the 1980 Child Abduction Convention, 2020
4. Convention on the International Recovery of Child Support and other forms of family maintenance
5. Protocol on the law applicable to maintenance obligations

National Law on Family matters and mediation

LATVIA

1. Civil Law. First part. Family Law. [Civillikums. Ģimenes tiesības] Adopted on 28 January 1937
2. Law on the protection of the children’s rights. [Bērnu tiesību aizsardzības likums] Adopted on 19 June 1998
3. Civil Procedure law. [Civilprocesa likums] Adopted on 14 October 1998
4. Mediation law. [Mediācijas likums] Adopted on 22 May 2014
5. Law on Orphan’s and Custody Courts. [Bāriņtiesu likums] Adopted on 22 June 2006

LITHUANIA

1. Civil Code. Third book. Family Law. Official journal, 2000-09-06, No. 74-2262
2. Code of Civil Procedure. Official journal, 2002-04-06, No. 36-1340
3. Law on the basics of the Children's rights. Official journal, 1996-04-12, No. 33-807
4. Law on the Implementation of European Union and International Legal Regulation on the Civil Procedure. Official journal, 2008-11-29, No. 137-5366
5. Law on Mediation. Official journal, 2008-07-31, No. 87-3462

AUSTRIA

1. Federal Act on Certain Aspects of Cross-border Mediation in Civil and Commercial Matters in the European Union (EU Mediation Act). (English)
2. Federal Act on Certain Aspects of Cross-border Mediation in Civil and Commercial Matters in the European Union (EU Mediation Act). (German)
3. Federal Law on Mediation in Civil Law Matters (Civil Law Mediation Act) (English)
4. Federal Law on Mediation in Civil Law Matters (Civil Law Mediation Act) (German)
5. Brochure “Parental custody and the rights of the child” (English)
6. Brochure “Parental custody and the rights of the child” (German)
7. Information on divorce law in Austria (English)
8. Information on divorce law in Austria (German)

ITALY

1. Civil Code (Articles 79 - 148 (marriage), Articles 115 – 116 (marriage of Italians abroad and of foreign citizens in Italy), Articles 150 - 158 (separation of spouses), Articles 315 - 337 (welfare of children), Articles 337 bis - 337 octies (parental responsibility in cases of separation or divorce or for children born out of wedlock))
2. Law 1 December 1970 No. 898 (Divorce) as amended by Law No 436 of 1 August 1978, by Law No 74 of 6 March 1987 and by Law No 55 of 6 May 2015

3. Code of Civil Procedure, Articles 706 – 711 (judicial proceedings and rules for the separation of spouses)
4. Law 31 May 1995 (private international law)
5. Law 8 February 2006 No. 54 (provisions regarding separation of parents and joint custody of children)
6. Law 10 November 2012, No. 219 (provisions regarding the recognition of natural children)
7. Law 20 May 2016 No. 76 (regulation on civil partnerships between persons of the same gender and cohabitation) 
8. Law 10 November 2014, no. 162 (dejurisdictionalization – assisted negotiation in civil and family matters)
9. Legislative Decree 4 March 2010, no 28 (provisions regarding mediation in civil and commercial matters)