3. Activities of local authorities in organising the life of children in alternative care
The organisation of visiting rights in a situation where the child lives in a substitute home in
Estonia while the parent lives abroad arose as a separate issue during the reporting year. The
Chancellor was contacted by a parent living abroad whose right of custody in respect of the
child living in Estonia had been restricted by the court while the visiting rights had not been
restricted. The petitioner wished that the child would stay with them during the school holidays.
Kohtla-Järve City Government as the guardian and organiser of the welfare of the child did not
allow the child to a foreign country without a written reasoned opinion of child protection
workers of the parent’s country of residence.
The main issue was whether Kohtla-Järve City Government may impose conditions on the
child’s going abroad or to prohibit it in a situation where the court has not restricted the visiting
rights of the parent in respect of the child.
As a result of the supervisory proceedings the Chancellor found that in deciding whether to
allow the child on a visit to the parent Kohtla-Järve City Government acted within its
competence under the legislation. A child’s guardian and legal representative may decide the
child’s place of stay and, thus, decide whom the child may visit. The obligation to ask the
guardian’s consent for taking a child to the family does not constitute violation of the visiting
rights of the parent.
The wish of Kohtla-Järve City Government to receive an opinion of the child protection workers
of the parent’s country of residence was also lawful. For the exercise of the visiting rights, a
parent should request a permission from the local authority of their place of residence. If the
parent’s residence is not in Estonia, they have to ask the permission from the competent
authority of the foreign country. The Chancellor explained to the petitioner that such
international cooperation concerning child protection is regulated by the Convention on
Jurisdiction, Applicable, Law, Recognition, Enforcement and Co-operation in respect of
Parental Responsibility and Measures for the Protection of Children and in Estonia the
coordinator of the cooperation is the Ministry of Justice.
The Chancellor also verified lawfulness of the activities of local authorities in connection with
the reorganisation of alternative care in respect of a child. The Chancellor was contacted by a
minor receiving the substitute home service whom Tartu City Government decided to transfer
from the substitute home to a shelter. Neither prior nor subsequent to the decision Tartu City
Government tried to contact the petitioner. Therefore, the petitioner was not aware of the change
of their residence, the location of their documents or whether their rights upon starting
independent life after the stay in a shelter would be the same as after the stay in the substitute
home.
As a result of the proceedings, the Chancellor found that Tartu City Government had violated
the duty to involve the petitioner who was a minor in the reorganisation of their alternative care,
including informing the petitioner, hearing their opinion and preparing them for the changes in
the organisation of their life.
On this basis, the Chancellor recommended to Tartu City Government to explain to the
petitioner their rights, as well as the duties of the city government, upon the attainment of the
age of majority by the petitioner, and explain which of the petitioner’s documents were at the
possession of Tartu City Government. The Chancellor also recommended to Tartu City
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