Rights of access; advice and support in exercising these rights

A child has the right to contact with both parents, i.e. to see and speak to both mother and father. Each parent is obliged and entitled to have contact with the child. The right of access exists independently of custody rights and aims to promote the child's development. Accordingly, grandparents, siblings and other close caregivers who have or have had actual responsibility for the child have a right to contact if this is in the child's best interests.

Children and young people are entitled to advice and support in exercising their right of access. They are supported by the Youth Welfare Office in ensuring that the persons entitled to contact make use of this right in their best interests. Parents, other persons entitled to contact (e.g. grandparents) and persons in whose care the child is (e.g. foster parents) are also entitled to advice and support in exercising contact rights. This means that the youth welfare office can and may inform these persons about the legal issues relating to rights of access. The right to support in exercising contact rights goes beyond legal advice. The youth welfare office can, for example, write letters and conduct mediation talks. Depending on the circumstances of the individual case, it may also be that such further assistance is not possible.

In performing its task, the youth welfare office has no means of enforcing contact by force. It is therefore dependent on the willingness of all parties involved to engage in discussion.

If you need advice and support, contact the youth welfare office responsible for the child's place of residence.

Only if contact with a parent is detrimental to the child's welfare can the family court restrict or exclude a parent's right of contact. In the case of parents who are unable to reach an agreement, the family court can, at the request of one parent, regulate their right of access. Restrictions on access rights also fall within the remit of the family court, always subject to the best interests of the child. The child is involved in the proceedings. In the event of major problems, the child will be supported by an advisor who will represent their interests and keep them informed. Children over the age of 14 have the opportunity to represent themselves. When dealing with highly contentious parents, a contact guardian can help to ensure that the actual agreements on contact rights are adhered to, e.g. by determining the time, place and handover of the child. In order to enforce custody and contact decisions, the court can impose a fine on parents if, for example, contact agreements have not been adhered to.

In addition to advice and support from the youth welfare office, the family court can, in consultation with the youth welfare office, also order so-called "accompanied contact" in special problem situations, which only allows contact in the presence of a third person who is obliged to cooperate.

Advice and support is free of charge.