Regulation of parental access to children

Family Law

Both father and mother have an irreplaceable role in every child's life. Even if they do not live together, they have the same rights and responsibilities to the minor. Both should therefore take care of the child in the same extent and cooperate in upbringing of the child. Is it possible for one of the parents, despite the court's decision, to not allow the other contact with the child? And what if the court did not yet decide, does the father have a right to see his children?

The regulation of parental contact with children is determined by a court, which has three options. It can award custody to one parent or decide on a shared or joint custody. Mothers often ask to be awarded exclusive custody. Even in such cases, fathers have the right to participate in the upbringing of their children and mothers have to make their contact with children possible based on a court decision, and also prepare the children for their stay with the other parent, ie to pack all that is neccessary etc.

If a mother unjustifiably, for a long period of time, prevents the father´s contact with his child, the court could even change its decision and award the custody of the child exclusively to the father!

However, it may happen that the child, for example, becomes sick or other objective reasons (that the mother cant influence) arise, that actually prevent the contact of the child with the father. In such a case, the mother does not violate her duty if she does not pass the child to her father. However, these situations are always evaluated by courts individually, on a case-by-case basis. For example, the cold does not prevent the child from contact with the father.

But what if a child does not want to spend time with the other parent? The answer to this question is not easy. The Constitutional Court has decided that the will of the child should be respected, if he/she is sufficiently intellectually and emotionally mature to make his own decision. The mother must not discourage the child from spending time with the father, but should try to co-operate with her other parent instead.

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