Family law

Family law deals with marriage, filiation, parental obligations, and custody matters.

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It is emotionally difficult area often resulting in lengthy court disputes. HUGO clients usually have issues with divorce, property division, children’s custody matters and visiting rights, alimony as well as custody in respect of elderly relatives and nursing home costs. HUGO lawyers help in clarifying rights, drafting, and analysing claims, agreements, and other documents. Also, they represent clients in court.

Alimony

Alimony is a money payable as child support. If a parent do not support its child, court will make a relevant decision on payment of alimony to child. Main issues are getting a court decision awarding alimony and an amount of alimony, as well as failing to pay alimony and enforcement proceedings in such a case.

Divorce and property division

Divorce typically entails a division of common property and obligations. The level of complication depends on a type of property relationship chosen by spouses and transactions made during marriage. For example, disputes arise from a size of separate property acquired before or during marriage, a division of common property and debts occurred during marriage.

Parental right of custody

Parental right of custody comes into focus at the end of a relation between parents. The parent’s right of custody includes a right to care for the person of the child (custody over person) and for the property of the child (custody over property) and decide on matters related to the child. Often those are emotionally loaded subjects resolving them benefits from involvement of experienced legal counsellor.

Establishment of paternity

Establishment of paternity is precondition for alimony claim. If there is no entry regarding father of birth certificate an establishment of paternity and alimony petition shall be submitted to a court. If necessary, a court will order DNA test to be carried out.

Marriage ability certificate

Marriage ability certificate is needed if a person has lived in Estonia less than 6 moths or lives abroad. It is also required if an Estonian citizen wishes to marry abroad. Certificate is a document issued by a respective authority of a country of origin which certifies that person is not currently married or is divorced or is widow.

Custody

“Custody is protection of the rights of a minor or elderly who have no legal capacity. Custody gives a representation right to custodian. Custody over an elderly who have no legal capacity is established by a court ruling. Custodian has personal and property custody rights. Custody over a minor is established by a court if both parents are dead, missing or have no legal capacity as well if their parental rights are limited or suspended. “

Placing into a nursing home

Question of placing into a nursing home arises mostly when an elderly relative cannot manage on its own. This creates a maze of problems commencing with obtaining a consent of elderly relative ending with payment of a nursing home fees by a relative or a local authority. Issues regarding custody and due services of nursing come my also occur.

Requesting restraining order

Restraining order is established by a court ruling prohibiting a person from approaching another person. Often restraining order is established to protect a person who suffered from a physical or a psychological violence. Purpose of a restriction order is to prevent a future violating of personal rights. If necessary, a court can limit communications over phone, social media, or other means of communications. Restriction order can be established for 3 years.

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