Right of contact
The right of access is part of parental responsibility in Germany . The owners of the right of contact determine, according to § 1632 Paragraph 2 BGB, which persons have contact with the underage children and adolescents, when and for how long, taking into account the right of contact, for example for grandparents and persons close to them.
The right of access is not to be equated with the right to determine residence , because it represents a different area (sphere of activity), as the Federal Court of Justice emphasized in 2016: "The right of access is an independent part of personal custody that can be withdrawn separately in the case of child welfare. In the event of a conflict between the parents, a judicial access regulation and the appointment of a guardian as a milder means always take precedence. "According to §§ 1684, 1685 BGB, the family court has the competence to regulate frequency, duration, place and time, access companion or exclusion from access to meet. A contact care center can be set up to implement these regulations .
Individual evidence
- ↑ Michael Langhans: Right of contact, what is it? July 31, 2017
- ↑ Michael Langhans: The right of contact determination. December 31, 2017
- ↑ Federal Court of Justice, judgment of July 6, 2016, Az. XII ZB 47/15
- ↑ Jürgen Soyka: Relationship between residence and access rights. In: Family Law Compact (FK), April 2017
- ↑ Parental conflicts - and the withdrawal of the right of access. In: Rechtslupe , August 31, 2016
- ↑ Stefan Heilmann : The supplementary guardianship with the task group "regulation of the handling" (duty to determine handling). In: FamRZ , 2014, issue 21, pages 1753–1756 ( short message )