Lithuanian Supreme Court refuses recognition based on Ordre Public – Right of the Child to be heard

gavc law - geert van calster

The Lithuanian Supreme Court held on 30  April 2013 that a Russian Federation judgment granting child custody, could not be recognised in Lithuania for reasons of Ordre Public. The 7-year-old  child had not been heard (including on his opinion with whom of the parents he’ld prefer to live) either directly or indirectly  in the underlying proceedings. Hearing the child, the Court held, was however prerequisite under international human (children’s) rights Conventions.

Recourse to Ordre Public is not common, as readers will be aware. The judgment therefore is quite significant (and correct in my view), particularly as the European Commission is currently trying to map its use across the Member States (within the EU or vis-a-vis relations with third States, such as here).

Thank you to Sigita Fomičiova for the tip-off and copy of the judgment.

Geert.

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About Geert van Calster

Geert is an independent legal practitioner and academic. An alumnus of the College of Europe, Bruges (promotion Stefan Zweig), Prof van Calster is the Head of Leuven Law's department of European and international law. Geert is a visiting professor at Monash University (Melbourne) and at the China-EU School of Law in Beijing, and a visiting lecturer at King's College, London. He was previously i.a. a visiting lecturer at Oxford University. He was called to the Bar in 1999 after having worked as of counsel to a City law firm since 1995, and practices in the areas of Private international law /Conflict of Laws; WTO law; (EU) environmental law; and EU economic law.

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