Visiting agent

The visit mediator is a qualified person (psychologist, pedagogue or social worker) in the context of family court assistance in Austria to find a balance between the interests of parents or third parties (e.g. grandparents, siblings, aunts and uncles, step-parents or foster parents) and the well-being of the minor child in terms of personal contact with both parents even after a separation.

As a rule, a child over 14 years of age can largely determine their own contact with another parent or third party. The child is z. B. entitled to independently submit an application to regulate the right of contact to the court and also to reject contacts. The activity of the visit intermediary therefore mainly relates to children up to the age of 14 years.

tasks

The visit mediators mainly have de-escalating tasks (Section 106b AusstrG):

explain your own activities to the children so that they become aware that the children are not to blame for such a situation,
Advice and "understanding" with the parents about the specific exercise of personal contact with the child,
mediate in conflicts between parents,
Participation in personal contacts with the child with the parent who does not live in the same household as the child,
Presence when the child is handed over to the parent who does not live in the same household with the child and when the child is returned
Report to the court on its behalf on the perceptions made during the implementation of personal contacts in writing or during the oral hearing,

and should thereby in turn and not least help prevent custody disputes in court.

Legal basis

The legal basis for the appointment and the function of the visit intermediary is § 106b AusstrG .

In contrast to the appointment of an expert, the appointment of a visit mediator is independently contestable according to the case law of the Supreme Court in 8Ob61 / 14z, since this appointment by the court intervenes in the free structuring of the right of contact by the parents according to § 106b AusStrG. A visiting agent would therefore not only work in the context of collecting material for the guardianship court. The appointment of a visit mediator, like the appointment of a visitor companion or a child supporter, can therefore be challenged independently.

costs

The costs for arranging visits, like those for appointing a child care worker, are generally borne by the parents themselves. Only if they to not be able to meet these costs without affecting its necessary maintenance, the court 63 ff. ZPO can under the requirements of §§ legal aid grant. The costs are regulated in § 2 no. 1, § 28, tariff post 12 of the Court Fees Act (GGG).

Demarcation

Visiting accompaniment

Visiting accompaniment should prevent the child from being in a dangerous (including emotional) situation.

The Supreme Court stated in 8Ob61 / 14z, with reference to Deixler-Hübner in “ New procedural instruments in KindNamRÄG 2013 ”, that the difference between a visit mediator and a visit companion is that the visit mediator “ in individual cases also the parents in the specific course of the visiting contacts can support, for example by helping to have a positive effect on the child or by supporting the parents with the practical handling of visiting contacts "(the Supreme Court also cites Fucik's critical opinion on the creation of more and more special institutes in ÖJZ 2013 / 32, 307. See also Fucik in “ Das neue Kindschaftsrecht ”, ZAK special, p. 148.).

Child support

The child welfare should u. a. be the "mouthpiece" that articulates the wishes of the child in a legally effective way so that they can be included in a corresponding regulation.

literature

Peter Barth u. a., Handbook of the new child and naming law , series of publications of the interdisciplinary journal for family law vol. 6, Vienna 2013, Linde Verlag, ISBN 978-3-7073-2108-1 .
Dexler-Hübner, Fucik, Huber, Das neue Kindschaftsrecht , ZAK special, Vienna 2013, Lexisnexis Verlag ARD ORAC, ISBN 978-3-7007-5454-1 .

Web links

Family and partnership. HELP.gv.at , January 13, 2014, accessed on January 27, 2018 .

Sources and References

↑ The personal contact between the respective parent and the child as well as with third parties (e.g. grandparents) up to the possibility of making a decision is now one of the central rights of parents in child law in Austria . The right formerly known as “visitation right” is now called “contact right”.
↑ Zak 2013/8, 13

[1] The personal contact between the respective parent and the child as well as with third parties (e.g. grandparents) up to the possibility of making a decision is now one of the central rights of parents in child law in Austria . The right formerly known as “visitation right” is now called “contact right”.

[2] Zak 2013/8, 13