1980 Convention Questionnaire.pdf

Estonia's responses to the questionnaire on the practical operation of the 1980 Convention on the Civil Aspects of International Child Abduction are as follows:

Recent Developments

A new official translation of the Convention into English was published on 03.09.2015, which is expected to make interpretation easier for officials and courts.
The Estonian Supreme Court has interpreted the Convention on 4 occasions since the 2011/2012 Special Commission.
In 2012, the Supreme Court explained what can be considered as a wrongful removal or retention and what is the habitual residence of a child.
In 2015, the Supreme Court explained what the court should take into account when ordering return and how the bailiff should be allowed to act.
In 2017, the Supreme Court made 2 judgments explaining how a parent can consent or acquiesce to wrongful removal and how legal costs should be borne by the parties and the State.

Issues of Compliance

No challenges in achieving successful cooperation with other States Parties were reported.
No situations or circumstances of avoidance or evasion of the 1980 Convention were reported.

The Role and Functions of Central Authorities

No challenges in achieving effective communication or cooperation with other Central Authorities were reported.
Difficulties were reported with the different interpretations of "to initiate or facilitate the institution of judicial or administrative proceedings" by Central Authorities.
No challenges with the application of any of the 1980 Convention provisions were reported.
* No delays in proceedings due to measures taken to provide or facilitate the provision of legal aid, legal advice, and representation in return proceedings were reported.