After the court has issued a decision ordering the return of a child, the return decision should be swiftly enforced, namely, the child should be returned to their initial state of residence as soon as possible.
Enforcement procedure of the return decision
After the court has issued a decision ordering the return of a child, they should be swiftly returned to the initial state of residence. The procedure for enforcement of such a decision is different in every state.
note This section does not cover all the aspects of the enforcement procedure, but only gives an insight into the most significant aspects of the enforcement procedure as prescribed by the law.
Enforcement measures
If a parent who has wrongfully removed a child to Estonia from another state does not obey an order to return the child, the competent authorities and courts should, in due time, apply enforcement measures which are sufficient for securing the child’s return.
If the whereabouts of the child are unknown, the police should do everything possible to locate the child as soon as possible.
The officials involved must apply the most effective and, at the same time, the least restrictive enforcement measure, and should try to do everything possible to ensure the well-being of the child throughout the entire enforcement procedure.
example The officials who have come after the child should firstly try to persuade the parent who has wrongfully removed the child to return them voluntarily before forcefully taking the child from the parent’s hands.
Refusal or suspension of enforcement
A parent who has been ordered to return a child may submit an application to the court and ask to refuse or suspend the enforcement of a return decision.