Refusal of access
Refusal of access refers to situations after the separation from parents in which the parent with custody denies the child the right to contact with the other parent and the duty to and the right to contact the common child, or in which the child refuses to To see authorized persons. About 10% of the cases of separated parents in Germany are considered to be particularly conflictual with regard to the access regulations . The family court regulates the scope and type of parental contact.
Legal situation
Situation in Germany
The Children's Law Reform in 1998 had among other objectives, the right of both parents to deal with their child as well as the right of the child to contact with both parents to strengthen. The development of the child and the most amicable solution to the problem should be in the foreground. Unlike before, it has since been expressly regulated that dealings with both parents generally serve the best interests of the child . If one parent wants to refuse access to the other, he has since then had to demonstrate that contact with the other parent in this case harms the child in order to be able to suspend or expel him in court.
A refusal of access despite a different judicial decision can be counteracted by family courts, for example, by structuring the access rights together with the youth welfare service , by ordering supervised access or by appointing a guardian ad litem. In case of persistent refusal to use penalty payments imposed and even obsessive be arranged to hand over the child to enforce. Since September 2009, in addition to administrative fines and administrative detention be imposed. In addition, a violation of the right of access may result in a claim for compensation. If both efforts to find an amicable solution and the coercive measures fail, the parent who refuses to receive child support can be reduced and, ultimately, custody withdrawn.
Situation in other countries
In France and in Anglo-American countries, criminal sanctions are possible in cases of refusal of access , including for disregard of the court.
See also
Individual evidence
- ↑ § 1684 Paragraph (1) BGB : The child has the right to contact each parent; each parent is obliged and authorized to deal with the child. (Federal Ministry of Justice and Consumer Protection)
- ↑ a b c d Gretel Diehl, judge at the Higher Regional Court Frankfurt am Main : Judicial regulation options in the event of refusal of access ( Memento of the original from January 31, 2012 in the Internet Archive ) Info: The archive link was inserted automatically and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 135 kB) at www.kinderschutz-zentren.org
- ↑ a b Christian Rath: In case of refusal of access - prison sentence for parents in: the daily newspaper of September 1, 2009
- ^ Attorney Robert Alavi: Compensation for violation of the rights of access
