Justice minister: Role of courts in focus during family law review

The Family Act is currently under review, with a focus on determining under what circumstances family-related disputes should go to court and in which cases assistance should instead be sought from other institutions, Minister of Justice Liisa Pakosta (Eesti 200) said on Tuesday.
In light of the child custody dispute involving a well-known couple that has captured public attention over the past week, Pakosta explained on the "Vikerhommik" radio program Tuesday what the state's options are for mediating in such cases and, above all, protecting the children caught in the middle of these conflicts.
Every year, courts handle between 2,500 and 3,000 cases in which children suffer due to their parents' disputes, often leading to legal battles. "This means we are talking about approximately 7,000 adults and around 10,000 children," Pakosta cited from the statistics.
Pakosta also mentioned that the Ministry of Justice is currently reviewing family law, specifically looking at which cases should actually go to court and which should not. The primary role of the court, she emphasized, is to adjudicate based on legal statutes.
"When two disputing parents come to court and say they cannot agree on how much time the child should spend with each parent, this is not a classical form of justice. The court does not have the ability to resolve this issue fairly," Pakosta stressed.
Drawing inspiration from Scandinavian countries, she noted that such matters likely should not be handled by the courts at all. "Courts resolve business disputes, criminal cases and examine evidence to determine guilt or innocence. Dividing minutes of time for parents to spend with their children is not a classical judicial task," the justice minister said, expressing hope that a less formal approach could help prevent parents from becoming so adversarial toward each other.
Furthermore, when family disputes are brought to court, one parent often begins to present arguments against the other, criticizing their behavior, which can certainly have a negative impact on the children involved. Once in court, finding a reasonable solution becomes even more difficult.
The law already states that both parents have equal rights and responsibilities, and neither is favored based on gender. "In many countries, the solution is that when parents separate, the distribution of responsibilities is as equal as possible, and court intervention only occurs if there are significant reasons why it shouldn't be equal," Pakosta said, offering one way the law could be clarified.
In cases outside of court, the mediator would be a family conciliator. If the conciliator determines they are unable to resolve the conflict, they would then refer the case to the court. "This means that only cases involving severe disputes, where no agreement in the child's interest can be reached, would end up in court. The family conciliator would also ensure there is no violence that would require police involvement to handle separately," the minister added.
Regarding the specific case currently driving public debate, including questions about the role of officials in resolving the situation, Pakosta refrained from commenting, advising that people await the results of the chancellor of justice's investigation.
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Editor: Mirjam Mäekivi, Marcus Turovski