Hooldusõigused

Hooldusõigused, in Estonian law, refers to the rights and responsibilities of parents concerning their minor children. This concept encompasses the overall care, upbringing, and representation of the child. It is a fundamental aspect of family law, designed to ensure the well-being and development of children.

Typically, upon separation or divorce, parents must establish how hooldusõigused will be exercised. This can be done through mutual agreement, which is then formalized in a court decision or a notary-approved agreement. In the absence of an agreement, the court will decide based on the child's best interests.

Hooldusõigused can be exercised jointly by both parents or solely by one parent. Joint custody means that both parents share the decision-making power regarding the child's upbringing, education, health, and other significant matters. Sole custody grants one parent the primary authority for these decisions, though the other parent usually retains visitation rights and certain informational rights.

The law presumes that joint custody is in the child's best interest, unless there are specific circumstances that indicate otherwise, such as parental misconduct or an inability to cooperate. The child's opinion is also taken into account, especially as they mature. The overarching principle is always to protect and promote the child's welfare and to ensure their right to maintain relationships with both parents, provided it is not detrimental to the child.