Compulsory parenting advice

Parent advice sign ( Hessen ).

The Mandatory parental counseling in Austria colloquially from § 95 para. 1a AusStrG resulting obligation " before completion or initiative to regulate the consequences of divorce in court " (...) " , under the specific from the divorce resulting needs of their minor children at a suitable person or institution ”for advice.

Parents have been obliged to do this in the event of a mutual divorce since February 1, 2013.

According to the materials on KindNamRÄG 2013, “ suitable persons or institutions ” who can certify to the court that they have taken part in mandatory parenting counseling are “established family counseling centers”, freelance psychologists or educators .

Basis of international law

The mandatory parenting advice is based on Austria's obligations under the UN Convention on the Rights of the Child , some of which have been incorporated into the constitution.

Purpose of the scheme

Separation and divorce of the parents represent a major turning point for everyone involved, but especially for the children in the view of the legislature. Children would be unsettled and frightened as a result. Parents are sometimes overwhelmed with the new situation and the new "parent-child-parent relationship".

As part of the mandatory parenting advice,

• Parents learn to understand the issue of divorce for their underage children
• learn to give help to the children in this situation,
• receive legal information on custody, visiting rights and maintenance,
• Get suggestions and ideas for the parent-child-parent relationship after separation or divorce.

Consultant

The counselors for mandatory parenting counseling are bound to secrecy towards third parties. But not to the authorities and courts. In particular, " in the event of a suspicion of a child's welfare risk, a corresponding report must be made to the child and youth welfare agency ".

consultation

The mandatory parenting counseling is only to be attended once. The mandatory parenting counseling can be carried out as group, couple or individual counseling. The § 95 ExternalStrG - Expert Commission (Federal Ministry for Families and Youth) recommends participation in group offers and that both parents visit them together.

Consequences of not participating

If such parenting advice is not attended in advance in the case of a consensual divorce, “ from this point in time it is no longer possible to obtain a amicable divorce. The parties have to make the advice credible to the court - for example by submitting a confirmation - otherwise the proceedings can be considerably delayed ”.

costs

As a guideline for an appropriate remuneration of the counseling offers is considered by the § 95 ExternalStrG - Expert Commission (Federal Ministry for Families and Youth):

• 60 euros per hour and person for individual advice,
• 35 euros per hour and person for couple counseling and
• 30 euros per group event and person.

Liechtenstein

In Liechtenstein, the Austrian Non-Disputes Act was largely adopted on January 1, 2011 and also Section 95 AussStrG in Art 95 AussStrG . Paragraph 1a on mandatory parenting advice, which was inserted in the Austrian ForeignStrG in 2013, was not adopted in the ForeignStrG in Liechtenstein.

See also

• Children's rights
• Visiting agent
• Childhood law (Austria)
• Custody (international)

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

• List of recognized consultants according to § 95 Abs. 1a AusStrG (official website)

Individual evidence

1. ↑ Also called " Divorce Consequences Agreement ".
2. ↑ In Germany: “mutual consent”; in Switzerland: "Divorce by mutual request".
3. ↑ In the event of a disputed divorce, the court can order parenting advice. However, there is no obligation to visit before filing a lawsuit.
4. ↑ Childhood and Name Rights Amendment Act 2013, ÖBGBl. I No. 15/2013.
5. ↑ These are in accordance with: § 95 AusStrG - Expert Commission ( Memento of the original from February 26, 2015 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. , P. 15: Graduates of a completed diploma or master’s degree in psychology, educational sciences or comparable studies; Social worker or social pedagogue (completed training at a social academy or technical college); Psychotherapists; Marriage and family counselors and their equivalent advisors who are recognized according to the Family Counseling Promotion Act with additional qualifications (proven competence in counseling parents in separation / divorce situations) and professional experience (at least three years in parenting and child counseling). 
6. ↑ See: Federal Constitutional Law on the Rights of Children, ÖBGBl. 1 No. 4/2011 § 95 AusStrG - Expert Commission ( Memento of the original from February 26, 2015 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , P. 1. 
7. ↑ See: § 95 AusStrG - Expert Commission ( Memento of the original from February 26, 2015 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , P. 8. 
8. ↑ See: § 95 AusStrG - Expert Commission ( Memento of the original from February 26, 2015 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , P. 6 f. 
9. ↑ See: Citizens Service Ministry of Justice for parenting advice before a consensual divorce.
10. ↑ See: § 95 AusStrG - Expert Commission ( Memento of the original from February 26, 2015 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , P. 6. 
11. ↑ KindNamRÄG 2013
12. ↑ The inclusion in the list is only a non-binding recommendation to the courts.

Please note the information on legal issues!