Enforcement mediation

Sometimes, the agreement or court ruling concerning the custody, living arrangements or right of access of a child is not implemented. In this case, the child's guardian or the parent meeting the child can apply to a court for enforcement. The court usually rules that enforcement mediation take place. A mediator appointed by the social services invites the parties to a mediation session. The mediator is entitled to access all necessary information without the confidentiality provisions preventing them. The mediator can also ask the child for their wishes and opinion. Enforcement cannot be initiated if the child is 12 years old and opposes the enforcement. Opposition coming from a younger child will also be taken into consideration in accordance with the child's development. In cases where the child opposes the enforcement and the significance of the child's opposition must be assessed, special attention must be paid to the reasons presented by the child and whether the child's opposition can be deemed to be based on the their own will. If the process of enforcement mediation reveals that there is nothing preventing the implementation of the decision and that the decision can be enforced voluntarily, the application can be cancelled. If necessary, the mediator helps the parties prepare and implement the agreement. If the mediation does not lead to any results, the mediator prepares a report on the situation for the district court. The enforcement can be ruled to be implemented under penalty of a fine and the child to be collected by a social welfare authority or distraint officer, in which care the duties of the mediator may continue even beyond preparing the report.

Conditions for receiving the Service

Sometimes the agreement or court ruling concerning the care, housing or visitation rights related to the child is not realised. In this case, the guardian or meeting parent of the child can appeal to a court for enforcement, which usually leads to enforcement mediation. It aims to get the parties to observe the agreement or ruling voluntarily or to investigate why they are not being observed. The enforcement mediator works when requested by a court, but they are appointed by social services. Enforcement mediation is governed by the Act on the Enforcement of Decisions on Child Custody and Right of Access (619/1996).

The service is free of charge.