In November, an amendment to the law entered into force, abolishing the age limit for hearing a child in court, which was set at ten years of age. Now even younger people can end up in court - everyone who is able to have a point of view and express themselves.
"Although many judges heard the views of younger children before, this was not done 100 percent, so the change helps harmonize the practice and gives every child the opportunity to be heard in the case that concerns him," said Kaidi Lippus, head of the Ministry of Justice's court service.
In family matters related to children, the child is at the center of the dispute. At the same time, according to Leanika Tamm, judge of Pärnu County County in the SW of Estonia (pop. 86,000). Court, quarreling parents very often do not listen to their child at all. The judge emphasized that the court has an obligation to prioritize the interests of the child in all matters. This means listening to the child, making the procedure more understandable for him and taking his opinion into account.
A hearing is not an interrogation. Hearing means a conversation with the child, an explanation according to the child's level of development, which dispute he is a party to and how this dispute affects him. And most importantly: the child's opinion is listened to and taken into account.
According to Tamm, the courts have always dealt with these issues in a child-friendly manner: whenever possible, the child is heard in a safe environment, for example at home, school, youth center or shelter. If these options are not likely, it will take place in the courthouse. Judges have completed the relevant training.
The state has plans to create specially equipped children's rooms in every courthouse in Estonia. Such procedure rooms currently exist, for example, in the Kuressaare Town in the westernmost island in Estonia, Saareemaa Island (pop.13,000). courthouse and the Paide Town in central Estonia(pop. 10,000). courthouse.
This year, however, all county courts were equipped with child-friendly procedure boxes containing, for example, toys, sweets and drawing materials. Those courthouses that do not yet have a separate room can create a cozier atmosphere for children with what is in the box. The goal is to create a friendly environment in the courthouse for hearing a child and encourage judges to establish contact with the child.
One of the motivations for the change was the general regulation of the European Union, in many countries there is no age limit. In custody disputes where the child's parents live in different countries, hearing the child is important. If this is not done, other countries may not recognize Estonian court decisions.