Learn here who has a right to visit ation, what the rules are for the right to visitation, how contact with children is regulated, and what options you have if there are problems with contact arrangements.
Who has a right to visitation contacts?
- the parent who does not live with the child in the same household
- a person with whom the child has such a deep emotional relationship and who has built up the child that contacts are beneficial for the child's well-being
The determination of custody and the obligation to pay child support are independent of this.
Are there provisions for the right to visitation?
There is no legal requirement for the extent of the right of contact. It is assessed on a case-by-case basis. iConsideration is given to the relationship of the child to the respective parent, the age of the child and the spatial distance of the homes of both parents.
Every child has a right to contact with the parent not living in the joint household.
The legal basis for Austrian contact law is §§ 186-188 ABGB.
How is contact regulated?
The right of contact should be regulated by the parents together and in agreement. If the parents do not agree, the court decides at the request of one parent or the child. Before the child reaches the age of 14, the application for contact regulation by one parent for the child must be filed with the competent guardianship court/district court. After reaching the age of 14, the adolescent, as a minor of age, can file an application for contact arrangements in court himself/herself.
The right of contact can also be ordered and enforced by the competent guardianship court against the will of the parent who does not live in the same household as the child. In addition, personal contacts can be restricted and prohibited if they are not in the best interests of the child.
What can you do if there are problems with the contact arrangement?
First of all, you should try to work out an amicable contact arrangement or get problems out of the way during visits. If it is not possible for you to work out a mutually agreed solution and arrangement, you can ask the child and youth welfare services for help. In a one-time, joint conversation with both parents, the social workers of the Child and Youth Welfare Services try to find an amicable solution. The child is not present during this conversation. If the child is old enough, the social workers hold a separate discussion with the child.
If the parents are unable to reach a solution together with the child and youth welfare services, they are referred to the guardianship court/district court.
The child is at the center of all child and youth welfare services. Not the desire of one or both parents.
Is there a connection between the right of contact and the obligation to pay maintenance?
No. The right of contact and the maintenance obligation of the parent not living in the same household with the child are independent of each other. If the right of contact does not work for any reason, then the maintenance payments cannot be stopped (because of that).
Last updated 09.12.2022