Establishing contacts with a kid – a complete guide for parents

Regardless of parental authority, both parents have the right and the work to keep in contact with their children. erstwhile partners live together, this is usually no problem. However, it may happen erstwhile 1 of the spouses moves out or erstwhile a divorce is terminated. What should you know about establishing contacts with your child?

When should you regulate your relation with your child?

The request to establish contacts with a kid arises erstwhile partners do not live together, but tend to a minor. This is usually due to divorce, but the request to regulate contacts is besides justified by actual or legal separation.

It should be clarified that the very concept of contact does not include simply visiting the child’s place of residence or taking them on vacation. Subject to Article 113 §2 of the Code of household and Care (k.r.o.), in particular:

• being with a kid (visitation, meetings, taking the kid outside of his permanent residence);
• direct communication;
• maintaining correspondence;
• use of another means of distance communication (including electronic means, e.g. Skype).

How to establish contact with a kid – is it always essential to court?

It was thought that a household court was needed to establish contacts with the child. Indeed, in the case of a divorce judgment, the decision on contact with a kid is an integral part of the judgment, but this is only 1 possible situation. The legislator himself points out in Article 113 k.r.o.that if the kid is permanently staying with 1 of the parents (or a foster household or a caregiver), the parents shall find the way in which the another is to keep contact. They are to follow the child’s well - being and take into account his reasonable wishes.

It is only erstwhile an agreement becomes impossible that the court intervenes. The decision may take the form of both a decision (in non-contact procedure) and a judgement (e.g. in a divorce case). Married couples can besides make a court settlement or a mediator.

How do I apply to establish contacts with a child?

The court's request for legal protection by establishing contacts with a kid through a judicature requires an appropriate application. The proceedings shall be conducted in a non-trial manner before the local and factually competent territory court. The proposal should specify how the applicant would like to have contacts with the child, i.e. circumstantial days, hours and means of contact with the minor.

Such a procedural paper should be drawn up by a professional proxy, as it requires adequate reasoning and proof. Valuable evidence in the case may constitute:

• explanations and statements of the parties and statements of witnesses;
• the opinion of a scientist or psychiatrist;
• Opinion position of the Judicial Specialists' Panel.

Is it possible to safe contact with the kid before the end of the proceedings?

It is worth remembering that judicial proceedings, especially if they require evidence from an expert opinion, may take months. In order to temporarily regulate the situation of a minor, it should be submitted request for protection of contacts with the child.

It is being examined at the hearing, unless it is an emergency. In addition, the court may, at the request of the rightholder, endanger to order the payment of a certain amount of money to the rightholder in the event of a breach of the obligations laid down in the safety provision.

It should be borne in head that the content of the application or the position taken by the participants at the proceeding is not necessarily binding on the court. The existing household law limits the maintenance of parental contacts with the child. In utmost cases, it is besides possible to prohibit contacts completely.

What are the consequences of obstructing contact with a child?

The question is what happens erstwhile a court threatens to issue a payment order if the kid is not given, but has no effect. In specified a case, the rightholder may apply for a payment order. As a result, a parent who makes contact with a kid hard will gotta pay for his behavior.

He late spoke about the work to pay for a violation of a child’s contact Constitutional Court, indicating its partial non-compliance with the Basic Act. However, it may be an effective weapon in the fight against a dishonest partner who does not respect the findings made.

Proceedings under the provisions of the household and Care Code may seem technically simple. In fact, however, they are highly complex and each time require consideration of the child's welfare, which should always play an overarching function in the dispute between adults.

If you request household support, we encourage you to usage the services of lawyers you will find through our contact form. Experienced professionals will find the best solution to your problem.

The information on the website is simply a description of the legal position at the date of publication and is not a legal advice on an individual case. The legal position of publication may change. The law firm is not liable for utilizing an alert to solve legal problems.

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