Every parent and child has a right to live together in their family. This right is protected by the human right to family life. A child may be separated from their family only in specific situations which are exhaustively listed in law.
Conditions
A court may separate a child from the parents only if damage to the interests of the child cannot be prevented by other measures.
If leaving a child in the family endangers the health or life of the child, a rural municipality government or city government or the Social Insurance Board may separate the child from the family before a court ruling is made. In such case the rural municipality government or city government shall promptly submit a petition to a court for restriction of the parent's right of custody with respect to the child.
Siblings may be separated from each other after their separation from family only as an extreme measure in a situation where their staying together would considerably endanger their rights or well-being.
The child protection official of a local government shall prepare a case plan for a child separated from family and shall ensure the periodic overview and amendment thereof, if necessary, in cooperation with the child and the person raising the child.
example The child’s health and development is seriously threatened if the child is suffering from parental sexual abuse.
Return to family
The local municipality should work with the parents by providing educational, social and other assistance while the child is away from the family and is being cared for by the legal guardian, foster family or carers in a child care institution. These services should be provided to promote the return of the child to the family.
When favourable conditions for the child’s development in the family can be ensured, the out-of-family care should be terminated and the child returned to the family.
Read more about the different aspects that should be evaluated when making a decision about a child’s return to their family.
What human rights violation may there be?
Taking a child out of their family and other decisions related to the separation of a child from their family can violate the right to family life. If you as a parent have not been given the opportunity to be involved in a decision-making procedure, for example, by the denial of an opportunity to express your opinion, your right to a fair hearing may also be violated.
Read more about whether the decision to separate your child from their family was lawful.