If the other parent has wrongfully moved your child to another state, you have the right to request their return. You can choose the type of return procedure which is the most suitable for you.
Types of return procedures
There are four different return procedures from which to choose if your child has been wrongfully removed to another state.
important The return procedures described in this Guide are relevant only if both of the states involved (the state of the child’s previous residence and their current residence) are member states of the Hague Convention.
If the child was removed from Estonia to another state
If your child was wrongfully removed from Estonia to another state, you may:
- apply to the central authority in Estonia (the Ministry of Justice) to prepare a request to return the child to Estonia. The Ministry will evaluate your application and if it agrees that your child was wrongfully removed, it will complete the request and send it to the state in question. It can also provide consultations to you if you are preparing the request yourself.
- apply to the central authority of the state to which your child was wrongfully removed with a request to return the child to Estonia.
- apply to a court of general jurisdiction (civil court) in Estonia for the submission of a request to return the child to Estonia. The court will evaluate your application and if it agrees that it is well-grounded, it will request the Ministry of Justice to continue the return procedure and send the request to the state in question.
- apply to a court of the state to which your child has been wrongfully removed for a decision to return the child to Estonia. The court will decide directly whether your child should be returned to the state of their previous residence, being Estonia.
If the child was removed from another state to Estonia
If your child was wrongfully removed from another state to Estonia, you may:
- apply to the central authority of the state of the child’s previous residence, to prepare a request to return the child to this state
- apply to the central authority in Estonia (the Ministry of Justice) with a request to return the child to the state of their previous residence
- apply to a court of general jurisdiction (civil court) in Estonia for a decision to return the child to the state of their previous residence. The court will decide directly whether your child should be returned to the state of their previous residence
- apply to a court of the state of the child’s previous residence for submission of a request to return the child to this state
You can ask for more detailed information on the specific procedures from the central authority in the state to which you are applying (in Estonia this authority is the Ministry of Justice. If you commenced with an application to the central (competent) authority, but this procedure turned out to be unsuccessful, you may continue by applying to the court. Read more about return proceedings in a court.
note Although the return procedure should be handled as quickly as possible, you should bear in mind that its length can be influenced by various circumstances, including whether the child was removed to or from an EU Member State and the length of the time that the child has spent in the state of his/her current residence.
Time limits
To protect the child’s best interests, the return procedure should be carried out without delay, whether it is before the central authorities or the court. The national authorities and courts must take a decision within six weeks from the date of commencement of the proceedings.
example A final decision which is made six months after you have submitted an application, may lead to a violation of your right to a family life, unless the authority or court has well-grounded reasons for the delay. These reasons could be your own actions in delaying the procedure, the medical condition of the child, objective difficulties in locating the child etc.
Outcome of the return procedures
If a submission for your child’s return has been submitted to the central authority of the state where they are currently living, the competent authorities of that state will establish the child’s whereabouts, try to negotiate a voluntary return of the child, etc.
If the voluntary return of a child is not possible, the court of the state to which the child has been removed will decide directly whether your child should be returned to the state of their previous residence.
Read more about the return proceedings in a court.