Parental authority
Parental authority and contact cases
Custody and contact cases involve situations in which unmarried parents decide to end their relationship, while they cannot agree on custody issues for their joint minor children. They can also refer to the modification of previously issued decisions, such as in a divorce case.
Our law firm helps to develop solutions that most fully take into account the welfare of children, as well as the expectations of parents.
Distributive power
It is the right and duty of parents to care for the child, taking care of its development, upbringing and property - respecting its dignity and rights. It lasts until the child comes of age and, as a rule, both parents are entitled to it. In the most important matters concerning the child (e.g., school, medical treatment), the parents should decide jointly, and in case of a dispute between them, such a matter may be decided by the guardianship court.
Decisions that the court can take
Resolutions on parental authority:
Entrusting the exercise of parental authority to both parents
If the parents cooperate and get along with each other in the affairs of the child, the exercise of parental authority can be entrusted to both of them.
The right to co-determine the child's most important matters
If either parent acts as primary caregiver, the exercise of parental authority may be entrusted to him or her, while giving the other parent the authority to co-determine the most important matters concerning the child.
Limitation of parental authority
When the child's welfare is at risk, the court may, among other things, oblige the parents to behave in a certain way, or submit the exercise of parental authority to the supervision of a guardian.
Deprivation of parental authority
The court will terminate parental authority if the parents are unable to exercise it due to a permanent obstacle, or if the parents abuse parental authority or grossly neglect their duties to the child.
Settlement of contacts with the child
The court regulates contact with the child in a way that takes into account the child's developmental needs and emotional security. Here are the main principles of this process:
Fixed, predictable appointments
The court usually regulates contact with the child in the form of a fixed, recurring schedule, with specific days and times for the beginning and end of the meeting.
Various forms of contact
In addition to face-to-face contacts, parents and children also have the right to indirect contacts, such as through phone calls or video calls (e.g. Skype).
Consideration of the child's needs
The extent and frequency of contact will be determined based on the child's stage of development and his needs for a relationship with the parent.
Expert opinion
If there is no agreement, the court may refer the parents and the child for examination to experts who will suggest the most optimal way, from the child's point of view, to regulate contacts.
Change of contacts with the child
Restricting, prohibiting, or changing the existing way of regulating contact with the child
The court may change an earlier decision on contact (such as that made in a divorce judgment, or as part of a settlement agreement) if new circumstances or the child's best interests require it. Changes may concern both the start and end times of meetings, or the manner of picking up and dropping off the child, as well as the extent and frequency of contact.
The court may limit the maintenance of contact between a parent and a child if the child's welfare requires it.
- Prohibition of taking the child outside the place of residence
- Meetings only in the presence of the other parent, guardian or other person
- Limit contacts to phone calls or online
This is the most far-reaching decision of the court, used exceptionally - if maintaining parental contact with the child seriously threatens or violates the welfare of the child.
Failure to comply with contacts established by the court
Custody and contact cases involve situations in which unmarried parents decide to end their relationship, while they cannot agree on custody issues for their joint minor children. They can also refer to the modification of previously issued decisions, such as in a divorce case.
Our law firm helps to develop solutions that most fully take into account the welfare of children, as well as the expectations of parents.
- If one parent obstructs the other's contact with the child, the court may threaten to impose a fine.
- When violations are repeated - the court orders payment of a certain amount for each violation of the findings.
- In order to ensure the execution of contacts, the court may oblige the person entitled to contact with the child or the person under whose custody the child remains to pay the costs of travel and stay of the child.
- If contact with the child has not been realized for reasons attributable to the parent in whose custody the child remains, the court may award the other parent reimbursement for his reasonable expenses incurred in preparing for contact (such as coming to pick up the child).
- These rules also apply if it is the parent entitled to contact who does not comply with the established appointments.
Sometimes one parent fails to recognize or ignores the needs of the child, in terms of contact with the other parent. The described mechanisms make it possible to discipline the parent who does not comply with the existing arrangements and safeguard the interests of the minor.
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How do we help in practice?
The support of an attorney will reduce your involvement and give you the confidence that your case is being taken care of by a professional.
- Analysis of the family situation
- Preparation of applications and letters
- Negotiation and mediation between parents
- Representation in court
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Specialization in family cases
We have been exclusively handling family and divorce cases for 10+ years.
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Every case is different, so we peel off solutions for your goals and realistic possibilities.
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You always know what is going on, you are prepared and informed.
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We take over the paperwork and the burden of negotiations so you can focus on yourself, your loved ones and your future.
FAQ
Everything you need to know about: parental authority
Parental authority cases raise many emotions and doubts. Z with the help of a lawyer You will more easily understand what your rights and responsibilities are and how best to look after your child's welfare. We will explain the regulations in plain language and guide you through each step of the proceedings.
What exactly is parental authority?
Parental authority is the rights and duties of parents to their child - it includes, among other things, the care, upbringing, care for the child's health, education and property, and making important decisions about the child's affairs. It lasts until the child reaches the age of majority.
As a rule, parental authority is vested in both parents and each parent should participate in its exercise.
Do both parents retain full parental authority after divorce?
The manner of exercising parental authority over the child will be regulated in the divorce judgment - the court may leave parental authority to both parents, especially if they agree on the child's issues and present a compatible parenting model. Parental authority can also be limited - to one, or both parents, if the child's best interests warrant it.
What is the limitation of parental authority?
Restriction of parental authority can take various forms - such as probation supervision, or the right to make decisions only on certain matters concerning the child.
Does limiting parental authority mean no contact with the child?
No. Contact with the child is a separate issue - a parent with limited authority can still meet with the child if the court has not forbidden it.
When can the court deprive a parent of parental authority?
Most often when a parent grossly neglects his or her duties to the child, abuses his or her rights (e.g., uses violence), takes no interest in the child for a long period of time, or is completely incapacitated.
Can parental authority be regained after it has been restricted or taken away?
Yes, if the parent demonstrates that circumstances have changed (e.g., improvement in life situation, cessation of health problems, cessation of abuse). In order to initiate proceedings for the restoration of parental authority, a petition must be filed with the court.
How are decisions made about the child's affairs if parental authority is vested in both parents?
Parents should decide together on their child's most important matters - such as school choice, medical treatment or going abroad.
Does a parent deprived of parental authority have an obligation to pay child support?
Yes. The deprivation of parental authority does not relieve the obligation to support the child.
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