SOME SRECIFICATIONS FOR RESOLVING FAMILY DISPUTES UNDER MEDIATION PROCEEDINGS HAVE BEEN DEFINED
Amendments were made to the Decree of the President of the Republic of Azerbaijan No. 607 dated April 3, 2020 on the application of the Law of the Republic of Azerbaijan on Mediation (hereinafter “Law”).
The amendment aims to clarify some features of mediation proceedings on family relations. According to the amendment, the authorized executive body referred to in the article 26 of the Law means the guardianship and trusteeship bodies of local executive authorities.
Thus, the mediator must obtain the opinion of the guardianship and trusteeship authorities when proceeding with disputes affecting the interests of the child. In case of any circumstances that threaten the normal growth and development of the child or may harm his interests, as well as the possibility of such cases, the Law obliges the mediator to inform the guardianship and custody authorities about such circumstances, and allows mediator refuse from proceedings in these cases.
According to the amendment, parents are obliged to submit a settlement agreement to the guardianship and custody authorities, which affects the growth, development and other interests of the child.
As set in Article 26 of the Law, the conditions for the continuation of the marriage, the rules for implementation of rights and responsibilities by the parents, determination of the child's place of residence, taking care for the child and other disabled family members and other disputes arising from family relations may be the subject of mediation.
It should be mentioned, that the marriage contract between the spouses may contain the terms on the mediation procedure.
Source link: Decree of the President of the Republic of Azerbaijan on Amendments to the Decree of the President of the Republic of Azerbaijan No. 607 of April 3, 2019 “On Application of the Law of the Republic of Azerbaijan No. 1555-VQ of March 29, 2019 “On Mediation”
