The right of the child to contact
The cases in which one parent demands regular contact with the child from the parent in whose household the joint child lives are well known. Rarer and less known are the constellations in which the child demands that one of the parents perform the contact.
According to § 1684 BGB, parents are entitled to contact with their child – irrespective of parental custody. However, this right of the parents also includes a duty to exercise contact. Conversely, children themselves are also entitled to contact with each parent.
Regular contact with both parents is usually beneficial for the child’s development and is therefore to be welcomed. As long as there is a common basis for a child-parent relationship, there is a real chance that, in the best interest of the child, the parent who is not (sufficiently) willing to have contact will be obliged to do so. The threat of an administrative fine could then ensure that the child receives the required amount of beneficial contact and that the relationship is strengthened.
We will be happy to advise you on the subject of contact in our Schweinfurt office or to defend your interests before the family court (e.g. Schweinfurt, Hassfurt or Bad Kissingen).
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Anita Strumpe-Novikov
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