Visiting rights after divorce in austria

As soon as a marriage breaks down, it has to Visiting rights after a divorce be clarified. Basically, the child and that parent have a right to contact (right of contact), which is not entrusted with childcare.

At the same time, it must be informed about the most important events in the child’s life (right to information and exchange). In particular, measures that require joint custody and the consent or approval of the court must be communicated to the other parent.

But how often does the father have the right to visit Austria? Can I deny my father the right to visit Austria? What reasons are necessary in Austria to refuse the right to visit? What happens if the right to visit is not observed? Is it possible to waive the right to visit? What regulations does the right to visit in Austria apply??

The most important thing about visiting rights after the divorce:

Who has the right to visit after a divorce? Both the parents and the child have the right to personal contact; the right to visit can be extended to other caregivers (grandparents, godparents). Can you deny the right to visit in Austria? Yes, if the child’s welfare is at risk. Children over the age of 14 can refuse the right to visit in Austria. Parents can make a mutually agreed and informal agreement and submit it to the court or youth welfare office. If they cannot find an amicable solution, they must apply for the right to visit. Both parents are obliged to contact and must ensure that contact with the child is beneficial. How often is the right to visit? There are no legal regulations on how often visitors have the right to visit. The frequency or duration of contact depends on the age and needs of the child.

Difference visiting right or contact right?

visitation rights or Contact legal? No matter if you end up visitation rights, Visiting right or contact right says, all terms indicate the same state of affairs. In the past it was called visiting rights, today the term contact law is mainly used in law. The term was changed to signal that personal contact is not limited to a visit.

The term contact therefore implies a much closer bond with the child. This also shows that the legislator assumes that a certain intensity of the "right of visit" is necessary in order to maintain actual contact with the child.

From a legal point of view, however, there are no precise provisions as to how the right to visit after a divorce should be regulated. The law does not specify how often a Father has visiting rights in Austria. These are just guidelines that parents can follow.

The right to personal contact

Although it initially looks as if the parent who is not caring for the child has the right to visit after a divorce, this right is more or less an obligation. Because that Right to personal contact does not exist only for the two parents, but also for the child. The right of contact can even be extended to other people than the biological parents.

Since the child also has a right of access, the right can also be brought to court if a parent refuses to contact the child. In contrast, personal contact can also be withdrawn or restricted if the child’s welfare is endangered.

Conduct mandatory

According to the Conduct mandatory both parents are obliged to maintain contact with the child. Visiting rights after a divorce are therefore not just a matter of simply tolerating the child, but also of encouraging contact with the child. In this context, it is also important that the two parents do not speak badly of each other or insult each other.

The relationship with the child should be encouraged for both parents and should not be influenced by the disputes between the parents. If the duty of good conduct is disregarded, the affected parent can expect the custody to be restricted or withdrawn.

Right to visit in an illegitimate child

Despite some restrictions and the sole custody of the mother, the father of an illegitimate child has the right to visit. Both parents and the child have the right to personal contact, so that in the case of legitimate and illegitimate children, no distinction is made regarding visiting rights. The non-custodial parent has the opportunity to see the child regularly and to know about important events in his life.

Furthermore, within the framework of the visiting rights of an illegitimate child, the caring parent must inform the other parent about important matters and inform about a change of school, a change of residence or important illnesses. The father of an illegitimate child in Austria has been able to enforce personal contact and visiting rights since February 2013.

How often does the father have visiting rights in Austria?

On the question "How often does the father have visiting rights in Austria?“, No general answer can be given, as this varies from case to case. However, case law assumes that there should be regular contact to ensure a close bond with the child.

For this reason, parents are usually guided by a 14-day right to visit, although a smaller interval can be chosen for small children. It also means that overnight stays with the parent who is not caring for the child make sense from the age of 6.

However, these guidelines are not binding requirements, so alternative arrangements for closer contact with the child are also possible. It is recommended that the child see the other parent at least once a week.

With a 14-day rhythm, an additional day of visits during the week can be useful. The basis of assessment is always the child’s well-being, the age and the individual needs of the child. If necessary, the parents can set out further regulations in a separation agreement.

The visit time should increase with increasing age. The following guidelines have been established: