De minimis non curat lex

The law does not care about the little things

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Peterburi tee 47, Tallinn

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THE ORDER OF CONTACT OF GRANDPARENTS WITH THE CHILD

It often happens that the child’s parents stop living together and cannot agree who and when will see the child. Is it possible for grandparents to defend their right to communicate with the child in such a difficult situation, considering that grandparents desire to participate in the life of the child no less than the parents? The lawyers of Kalashnikov Law Office know the answer!

Divorce or parental quarrel should not affect the rights of the child and his or her relatives. The Family law of the Republic of Estonia does not contain a separate article about the order of communication of the child with grandparents, but Part 4 of Article 143 states that the court may, in the interests of the child, to allow, prohibit or limit the communication of third parties with the child. In this case, the term “third party” also refers to grandparents. The court always proceeds in accordance with the interests of the child, therefore, if there is no reasons for the refusal of the petition of the grandmother/grandfather to allow to communicate with the grandson/granddaughter, the court decision will be made in favor of the applicant.

It is worth remembering that communication with the child is not only the time spent together, but it is also the communication by telephone, computer and other means of communication. If you are forbidden to see or call your grandson/granddaughter – feel free to contact the court. In the statement of claim you should ask the court not only to remove obstacles for communication with the child, but also to establish the order of such communication.
Our lawyers are always ready to help you. If you have any questions, please call (+372) 677 55 44 or send an e-mail to klienditugi@kalashnikov.ee

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