Conduct of business
The duty of conduct (also known as the principle of good conduct ) is a summarizing expression that is used in court decisions and in specialist legal literature, but does not appear in laws as a legal term . The term plays a role particularly in family law and civil service law .
Civil service law
In civil service law, it is part of good behavior that civil servants, inside and outside the service, live up to the respect and trust that their profession demands ( Section 61 BBG , Section 34 BeamtStG ).
Family law
In the area of family responsibility, it presents itself as a duty of loyalty , which is regulated in Section 1684 (2) BGB . This provision obliges the parent with access and custody not to disturb the relationship between the child and the other parent and to refrain from anything that affects the relationship or makes it difficult to bring up the child .
content
For a violation of the code of good conduct in the family area, it may be sufficient for the mother to give the eight-year-old child a free time to decide whether it wants to interact with the father. Problems between the parents should not be a reason to prevent the child from contacting one of the parents, but rather to make an effort to overcome the difficulties.
The principle of good conduct is further interpreted to the effect that the custodian should act on the child in order to overcome possible resistance against the other parent and to achieve a positive attitude.
The responsibility of the parent with custody for the mental health of the child does not give him the power to decide alone whether contact with the other part is possible. Neither father nor mother have the right to instrumentalize the child in the conflict that led to the failure of the cohabitation.
background
Often children do not live with their parents or only with one parent, which the law already sees as a possible disruption in the parent-child relationship . The legislature assumes that the lack of contact can alienate the child from the parents . For this reason, Section 1626, Paragraph 3, Clause 1 of the German Civil Code (BGB) requires “that for the good of the child… dealing with both parents is part of”, a principle to which the child’s right of contact with both parents in accordance with 1684 para. 1 BGB and its duty and right correspond to deal with the child.
The right of access becomes relevant, for example, if one parent has been assigned sole custody , if there is joint custody, but the child mainly lives with one parent or if the child is placed in a foster family .
The relationship between children and separated parents is child-friendly if the parents agree on a sensible arrangement that accommodates the inclinations of the child and the parent seeking contact in the most harmonious way possible. A dispute about intercourse can be extremely negative for the child and harm him. One reason for the differences is often the subliminal mistrust of the custodial part that the other might alienate the child or intend to change custody. In order to protect the child, the duty of conduct is imposed on the parents.
