The children's ombudsman responded to a complaint brought to her attention, which highlighted disturbing recordings shared on social media depicting the transfer of a child from one parent to the other.

The alarming audio and video files received by the justice chancellor prompted her to launch an investigation to determine whether the officials involved did everything possible to protect the child in this difficult situation.

"It is entirely unacceptable that a scuffle between parents occurred during the transfer of a child to the other parent, even in the presence of child protection workers and the police. Officials overseeing the handover must ensure the child's safety," Madise said.

She also emphasized that sharing recognizable audio and video clips describing the child's suffering on social and mainstream media only causes further harm to the child, and these images may follow the child for life.

"Generally, a child has the right to care from both parents. If parents are unable to agree on custody and visitation, the court resolves the dispute. The court listens to the child, both parents, analyzes the presented evidence and may collect additional evidence as needed," Madise explained.

She stressed that the court, in making a decision, must consider the specific circumstances and prioritize the child's best interests.

"Only the court can make or alter decisions. Once a court ruling has been finalized and no further appeals can be made to a higher court, the enforcement of that ruling is mandatory for all parties," Madise added.

Madise noted that in this particular case, a valid court decision exists.

"The full details of the case are not public, and information shared by one party may not provide the complete picture. In enforcing court decisions, the child's best interests must always be considered, and the process should be carried out as gently as possible. This obligation falls both on the parents and the officials overseeing the enforcement," she stated.

"Both parents must work towards the child's well-being, and neither parent should harm the child through their actions. This is part of parental responsibility. Among other things, any actions that damage the child's relationship with the other parent are prohibited," Madise said.

Earlier this week, a video was circulated on Estonian social media depicting the transfer of a child from a well-known couple whose custody case had resulted in a finalized court decision. The video, shared by the child's mother, shows how child protection workers and the police were present while the couple's shared child was being transferred to the father. The child was unwilling to go with the father voluntarily. Due to the scuffle that occurred during the handover, the child was separated from the parents and is reportedly still in a safe house. Clips of the incident have been shared on social media, and many viewers have expressed distress over the content.

The Estonian Code of Ethics for Journalism, in section 4.7, states that disputes between parents over child custody should generally not be covered. Therefore, ERR will not publish the names of the parents or child involved in this dispute, nor the video uploaded by one of the parents on social media, as doing so would be detrimental to the child's best interests.

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