Melissa Rondon, a French citizen, has appealed to the Chancellor of Justice Ülle Madison after her almost two-year-old daughter, Galiana Simone Colette, was taken by her partner, 47-year-old Benoit Olivier, and then went missing in Tallinn on May 29.  

The pair was found several days later in a foreign country, but the police have refused to disclose where the child is, Rondon says.

Police say they confirmed that Galiana is safe after a video call with Olivier, as well as a well-being check by officers in the foreign country. The agency said the parents have joint custody and should resolve the issue themselves.

A police spokesperson shared this information in a media statement on Wednesday evening. But Rondon says she was not given this information before it was made public.

"At the time this article was published, I was alone in Tallinn, in deep distress, and did not know where my daughter was. I had received no information from the Police and Border Guard Board regarding the developments described in the statement sent to the press. The PPA made a statement to a nationwide news outlet claiming that it had informed the mother, when in reality the mother had received no such information. This is not a matter of misunderstanding or administrative delay; it is a falsehood about how a vulnerable parent was treated," Rondon said in her letter to the justice chancellor.

Rondon also attached an email from the police, which briefly stated that the child was safe and was with the other parent.

She also said the PPA had not taken into account the child's father's health condition, that he had been reported missing by his family in France, and this categorization in the Schengen system as a vulnerable person.

"That a man who was registered in the Schengen Information System as a missing vulnerable person was nevertheless able to travel internationally and leave Estonia with the child without the PPA receiving an alert or intervening raises serious questions about coordination between the PPA and Schengen alert systems," Rondon said.

She also questioned whether the safety check conducted via video call was sufficient grounds for the PPA to approve leaving the child in her father's care.

Madise told ERR that she could not comment on the case because it might create the impression that the chancellor of justice was passing judgment before the matter reached court.

"Naturally, within the scope of our authority, we will do everything possible to ensure that the child is not put at risk," she said.

PPA: Police do not resolve custody issues

Police did not answer ERR's inquiry as to why they did not tell the mother that the child had been taken out of Estonia while informing the media of that fact.

However, Inna Toater, head of the East Harju Police Department, said the police's task was to determine the whereabouts of the missing child and father and to ensure that the child was safe.

"Beyond that, police cannot begin resolving family relationship issues. Cases involving the sharing of children are never black and white, but in this situation, the parents must put the child's interests first and try to find the best solution for the child. Questions concerning leaving with the child and the child's whereabouts must be agreed upon between the parents," she said.

Toater said that, given the circumstances, police had provided the mother with guidance on how to proceed with the custody matter and where to seek assistance.

"A parent has the right to know where their child is, but custody issues are not resolved through the police, and we cannot provide information about the other parent's whereabouts. If the parents cannot reach an agreement, the custody issue must be resolved in court based on the child's best interests," the police official said.

Toater added that if one parent does not agree to the child being taken out of the country, that parent must, if necessary, turn to the courts to protect their rights as international child abduction procedures may apply.

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