CANCELLOR OF JUSTICE AS OMBUDSMAN FOR CHILDREN
First, Pärnu city government endangered the welfare of the child by its delay to have recourse
to the court in a situation where the city government was obviously aware of the need for
restricting the right of custody of the child’s father and appointing a guardian for the child.
Second, the city government breached the principle of good administration by providing
contradictory and partly incorrect explanations concerning the issues of the right of custody,
representation and visiting rights in respect of the child to the mother’s guardian and the
substitute family.
Third, the city government violated the visiting rights of the child and the mother by organising
meetings only at the request of the mother and failing to implement measures to promote
their contacts.
On this basis, the Chancellor recommended to Pärnu city government that in the future
in situations where welfare of a child is in danger, and in order to eliminate the danger it is
necessary to restrict a parent’s right of custody, it should have immediate recourse to the
court to implement the necessary measures. The Chancellor also recommended to Pärnu city
government to proceed from valid legislation when giving explanations concerning the right
of custody, representation and visiting rights in respect of children, and not place the duty of
legal representation of a child on a service provider or other third person who is not the child’s
legal representative. In addition, the Chancellor recommended to the city government in the
future to promote contacts between a mother and a child on its own initiative. For this, the
Chancellor recommended the city government to ascertain which organisational measures help
to promote contacts between the particular child and the mother and then implement those
measures.
PART II
On the basis of a petition, the Chancellor verified lawfulness of the activities of Pärnu city
government in organising the life of a child separated from family and in restricting the rights
of the parents. As a result of the proceedings, the Chancellor found several violations in the
activities of the city government.
PART III
Case No 7-5/111603
PART IV
PART I
10. Activities of Pärnu city government in organising the life of a child separated from
family
In its reply to the Chancellor, Pärnu city government promised to start organising regular
meetings between the child and the mother with participation of the officials fulfilling the
duties of the guardians of the child and the mother who can provide guidance to the mother on
how to communicate with the child.
11. The activities of Paldiski town government in its function as the guardian in
ensuring the rights of the child
Case No 7-5/130761
On the basis of a petition from an individual, the Chancellor verified whether Paldiski town
government had complied with the principle of guaranteeing fundamental rights and freedoms
and ensured the welfare of the petitioner’s grandchild.
As a result of the proceedings, the Chancellor concluded that Paldiski town government, in
fulfilling its social welfare functions and looking after the custody of the child in its function
as the guardian, had not violated the principle of guaranteeing the fundamental rights and
freedoms with respect to the petitioner.
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