In October, Chancellor of Justice and Children's Ombudsman Ülle Madise launched an inquiry to determine whether officials present during a scuffle that occurred while transferring a child from one parent to another in a high-profile custody case had done everything possible to protect the child.

The justice chancellor has now completed the analysis and Andres Aru, head of the children's and youth rights department at the Chancellor's Office, discussed the conclusions on the radio program Vikerhommik. Aru emphasized that parental conflict is the most harmful factor for a child and adults should resolve their disagreements without involving the child.

"When a case reaches the courts, it is the responsibility of the adults to ensure the child's safety and well-being. In this instance, nearly all adults involved in the process made mistakes," Aru stated.

Commenting on the specific case that prompted the inquiry, Aru highlighted the responsibility of the parents.

"Both parents had opportunities during the process to take a step back and prevent the situation from becoming as harmful to the child as it did. Our focus was on the child's well-being and, in hindsight, we identified shortcomings – things the officials could have done differently in this challenging situation to help the child feel more secure. However, we also recognize that we had the luxury of time to analyze the events calmly in retrospect, while the officials had to act quickly and make decisions on the spot."

Aru explained that such family disputes are handled by the courts and the chancellor of justice cannot intervene in judicial proceedings. However, the Chancellor's Office was able to review how court rulings are implemented and how the interests of the child can be safeguarded in these situations.

"We see opportunities to improve the situation," said Aru. "We have proposed to the ministers of justice and digital affairs, as well as the minister of social protection, to analyze whether the Code of Enforcement Procedure should be amended to more clearly define the roles and responsibilities of bailiffs and child protection workers in such cases."

Aru explained that child protection workers are always involved in enforcement proceedings to ensure the child's well-being during custody transfers and the implementation of court decisions related to parental visitation. However, he noted that current legislation lacks clarity on whether a child protection worker has the authority to intervene and say, "Stop, this has gone too far; this is traumatic for the child and the process should be considered a failure."

The chancellor of justice also recommended that the Social Insurance Board develop guidance materials for child protection workers, providing them with a framework of questions to consider and steps to prepare for the transfer of custody from one parent to another.

Additionally, since local government officials involved in the case were heavily criticized by the public, the chancellor suggested that the ministers of justice and social protection evaluate whether amendments to the Code of Enforcement Procedure are needed. Specifically, it could be considered whether a bailiff, rather than municipal or city officials, should propose to the court the temporary placement of a child in a safe house if necessary.

The case gained public attention in early October when a video depicting the transfer of a child between a high-profile couple was shared on Estonian social media. The footage, posted by the child's mother, showed child protection workers and police attempting to hand over the couple's child to the father. The child was unwilling to go with the father voluntarily and during the resulting scuffle, the child was separated from both parents and temporarily placed in a safe house. The child has since been handed over to the father. The videos sparked widespread public concern and criticism.

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