The short answer

From an EU country: a decision on custody, contact or maintenance generally works in Lithuania as it is. You do not need a Lithuanian court to approve it first.

From outside the EU: the decision usually has to be recognised by the Court of Appeal of Lithuania before it can be enforced, unless a treaty makes it simpler.

In both cases, Lithuanian authorities do not decide the case again. They only check whether the foreign decision can be given effect here.

An example

Siobhan lives in Dublin with her daughter. An Irish court decided that the girl spends every second weekend and half of the summer holidays with her father, who lives in Klaipėda. After the summer, the father does not bring her back on the agreed date.

Siobhan does not need a Lithuanian court to confirm the Irish decision. She asks the Irish court for the standard certificate and gives it, with the decision, to a bailiff in Klaipėda. If keeping the child is a wrongful retention, she can also apply for the child’s return under the Hague Convention. The two routes can run side by side, and a lawyer can advise which to start with (how a return case works).

Decisions on children from EU countries

Recognition is automatic

A decision on parental responsibility, such as where a child lives or contact arrangements, given in another EU Member State (except Denmark) is recognised in Lithuania without any special procedure. It is also enforceable here without a declaration of enforceability, as long as it is enforceable in the country where it was given.

What you need

To rely on the decision, you need:

  1. a copy of the decision that meets the conditions for authenticity;
  2. the standard certificate issued by the court that gave the decision.

Ask the foreign court for the certificate. It is a standard EU form, so a Lithuanian bailiff can read the key information without translating the whole decision. A translation of the free-text parts, or of the decision itself, may still be requested if needed.

Who enforces it

Enforcement in Lithuania is carried out by a bailiff (antstolis). You give the bailiff the decision and the certificate, and the bailiff takes the steps under Lithuanian enforcement rules. Where a child must be handed over, this happens with the child protection service and, if needed, a psychologist.

If the decision is not detailed enough

Contact orders sometimes leave out practical details, such as times or places of handover. In that case, the bailiff can ask the local district court to set practical arrangements. The court can only fill in details. It cannot change what the foreign court decided.

When recognition can be refused

Recognition can be refused only on limited grounds, for example where:

  • recognition would be manifestly contrary to Lithuanian public policy, considering the child’s interests;
  • the other parent was not properly notified of the proceedings in time to defend themselves;
  • a parent whose rights are affected was not given an opportunity to be heard;
  • the decision conflicts with a later decision on the same child.

It may also be refused if a child who was able to express views was not given the opportunity to do so.

Applications asking for a decision that there are, or are not, grounds to refuse recognition are heard by the Court of Appeal of Lithuania.

Decisions with extra protection

Some decisions have even stronger effect: certain contact decisions, and decisions ordering a child’s return after a return was refused under the Hague Convention. If they come with the special certificate, their recognition cannot be opposed, except where they conflict with a later decision.

Decisions on children from outside the EU

Many non-EU countries are part of the 1996 Hague Child Protection Convention. Decisions from those countries are recognised and enforced in Lithuania under the Code of Civil Procedure, through the Court of Appeal of Lithuania.

For countries without a treaty, the Court of Appeal applies the general Lithuanian rules. It does not review whether the decision was right, but it can refuse recognition, for example, if the decision is not final, if the case belonged exclusively to Lithuanian courts, if a party was not properly notified or if it conflicts with Lithuanian public policy.

Maintenance decisions

Within the EU

Maintenance decisions from almost all EU Member States are enforceable in Lithuania without a declaration of enforceability. For a few exceptions, the Court of Appeal of Lithuania issues the declaration.

Outside the EU

Many countries, including the United Kingdom, Norway and the United States, have joined the 2007 Hague Child Support Convention. Decisions from those countries can be recognised and enforced with help from the Central Authorities, which handle child maintenance cases largely free of charge.

If maintenance is still not paid, a child living in Lithuania may be entitled to state payments in the meantime. See our guide on child maintenance when a parent lives abroad.

Practical tips

Get the certificate early

It is easiest to request from the foreign court while the case is fresh.

Keep the original details

Case numbers, dates of service and proof that the decision is final help if the other parent objects.

Check for later decisions

A newer decision on the same child, in Lithuania or elsewhere, can block recognition of an older one.

Act where the child or money is

Enforcement happens where the person, child or assets are. If the other parent has moved again, the steps may have to be repeated in the new country.