CANCELLOR OF JUSTICE AS OMBUDSMAN FOR CHILDREN
PART I
Survey on awarding the right of custody of parents
During the reporting year, the survey on awarding the right of custody of parents commissioned
by the Ministry of Justice, the Office of the Chancellor and the State Chancellery and financed by
the fund for smart decisions was completed123. The survey was carried out by Tartu University
social sciences applied research centre RAKE.
PART III
PART II
The aim of the survey was to ascertain the existing practices for awarding the right of custody
of parents and make proposals for changing the system so as to ensure the best protection of
the interests of the child in this process.
The authors of the survey also made their own proposals on how to improve the protection of
the rights of children. Inter alia, the authors found that with regard to the matters of custody
of parents the court should not be obliged to guide the parties towards a conciliation if this is
contrary to the interests of the child, and it should also be possible to change a compromise
reached in matters concerning custody of parents. The authors of the survey draw attention to
the fact that court decisions should contain a better reasoning of awarding the right of custody
to either one or another parent. It is also necessary to improve the awareness of people about
the essence of the right of custody, the duty to notify of a child in danger or need, and about
situations when a local authority or the court should be contacted. The survey also points out
the need to train judges, child protection workers, teachers and representatives of the child.
PART IV
Booklet explaining the possibilities for psychological and psychiatric assistance
The monitoring survey of the rights of the child carried out in 2012124 as well as several other
surveys indicate that parents do not always know where and in which cases they may seek
assistance for resolving problems relating to a child, or they do not dare to seek such assistance.
In order to improve the awareness of parents about the possibilities to receive assistance and
encourage them to seek advice and assistance, specialists in cooperation with the advisers to
the Ombudsman for Children prepared an information booklet125 explaining the possibilities to
receive psychological and psychiatric assistance for parents in Estonia.
The booklet encourages parents to seek additional information and assistance in case of
questions and doubts concerning raising of children. The booklet explains in which cases it
would be worth to contact a specialist for advice or assistance and which specialist to choose.
In addition, the booklet contains a detailed list of various counselling possibilities offered either
free of charge or for a fee and intended for children or parents. The booklet also includes
references to the literature on topics of raising children.
Parents are afraid to contact specialist help for various reasons, for example being afraid of
accusations or not daring to speak about delicate issues. The booklet explains to parents that
actually people who come for counselling can decide themselves what they are ready to talk
about and what to change in their behaviour or attitudes, nobody will be forced to do anything
as a result of counselling. In counselling, often issues relating to the confidentiality of private
life arise. The booklet explains that regardless of whether a parent contacts a psychologist,
psychiatrist or counsellor, everything that is spoken during the conversation will remain only
between the parties to the conversation. In the opinion of the Ombudsman for Children, it is
58
123 The survey is available online in Estonian:
http://valitsus.ee/UserFiles/valitsus/et/riigikantselei/strateegia/poliitika-analuusid-ja-uuringud/tarkadeotsuste-fondi-uuringute-kokkuvotted/Vanema%20hooldus%C3%B5iguse%20m%C3%A4%C3%A4ramise%20
uuring_l%C3%B5ppraport.pdf.
124 Summary of the survey is available online in Estonian:
http://lasteombudsman.ee/sites/default/files/lapse_oiguste_ja_vanemluse_monitooringu_kokkuvote.pdf.
125 Available online in Estonian:
http://lasteombudsman.ee/sites/default/files/IMCE/lasteombudsman_psuhh_abi_loplik.pdf.
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