| Abstract [eng] |
Peculiarities of Obligation of Child Support in the Presence of an International Element: Applicable Law and Procedural Aspects Due to the free movement of persons granted by the EU and the use of social networks, the migration of EU MS citizens and non-EU MS citizens, but permanent residents, is intensifying every year. The number of children born in mixed families is also increasing. Thus, when people no longer seek to build a common future, child-related matters often involve cross-border issues between the countries of the parents’ nationality and go beyond the national borders of the MS or even outside the EU. Given the growing number of disputes in Lithuanian courts with an international element, the main aim of the thesis is to reveal how the Lithuanian courts apply the rules of jurisdiction and applicable law of the European and international laws, and presents the most common mistakes that the Lithuanian courts make when they resolve disputes which include the obligation of child support in the presence of the international element. The first part of the thesis addresses the issue of jurisdiction in cases arising from child support obligations, presents the assessment of the inadequacy of national law in the case of the existence of the international element, reveals the rules for determining the jurisdiction of the European and international laws, assesses the most common errors of the Lithuanian courts, offers the ways of resolving these errors. The second part of the thesis focuses on the issue of applicable law in cases arising from child support obligations, presents the rules of determining the applicable law of the European and international laws, evaluates how Lithuanian courts apply the laws in determining the applicable law. The third part of the thesis due to the permanent and rapid emigration of Lithuanians to the United Kingdom analyses the determination of jurisdiction and applicable law when cases concern the United Kingdom after the end of the transitional Brexit period. |
