What parents need to know about their rights and responsibilities

From the moment the child is born, both parents have equal rights and obligations related to caring for the child’s personality, his/her material well-being, making decisions on all key issues related to the life and development of the child.

Equality of rights and obligations implies that parents exercise care jointly, jointly making decisions, for example, regarding the choice of an educational institution, place of residence, methods of treatment, etc.

In the event that the parents fail to reach a joint decision, then it is possible to transfer the decision on some controversial issue to one of the parents through the courts. At the same time, the criterion for the transfer of such a right is, first of all, the interests of the child, which may be violated in case of failure to resolve the dispute between the parents.

Most often, parents go to court to terminate joint custody of a child due to the fact that they do not live together and do not have the ability or desire to make joint decisions.

Termination of joint custody occurs on the basis of an application from one of the parents, which is considered by the court in non-contentious proceedings.

When accepting such an application, the court, on its own initiative and on the basis of the law, involves social workers at the place of residence of both parents and appoints a representative for the child from among the members of the Estonian bar.

Each of these participants in the proceedings is obliged to provide the court with their opinion on the validity of the termination of joint custody, guided in their assessments precisely by the interests of the child.

Not every case is about the complete termination of joint custody and the transfer of all rights to the parent with whom the child lives. The most common situation is when the court transfers to the parent the right to make a decision specifically on controversial issues on which the parents cannot independently agree (for example, transferring the right to the parent to decide on child’s place of residence and location).

Please note that the exercise or restriction of the right of joint custody is not directly related to the obligation to support the child. A parent cannot be restricted in joint custody solely on the grounds that he or she does not pay alimony. The issue of recovery of alimony can be considered in the action proceedings, but it cannot be combined with the proceedings on the termination of joint custody.

In the same way, the right of the parent to communicate with the child is related, but not directly related to the right of custody. However, unlike the issue related to alimony, the issue of establishing the order of communication with the child can be considered by the court in one process with the termination of joint custody.

Our lawyers can advise you on issues related to the termination of joint custody, prepare the necessary procedural documents and represent your interests in court.