Contact

The decision on contact arrangements shall provide for the frequency and duration of contact; whether contact is regular (i.e. usually at weekends) or periodical (i.e. during the break); whether or not contact is supervised; where, when and how the child is to be received and returned by the parent; furthermore the handover and return of the personal documents of the child; the information obligation concerning missed contacts; and the make-up of missed contact.

However, even after the court has issued a decision regulating parental contact, it may still happen that the parent who is obliged to maintain contact does not deal with the child properly, does not fulfil his/her obligation to maintain contact, and may even endanger the minor or even abuse the child.

Breach of the obligation to maintain contact

The law stipulates that the person entitled or obliged to have contact with the child who, without due reason, prevents parent-child contact or violates the rules relating to it, shall be required to compensate for the damage caused to the other party.

In more serious cases, in order to take urgent action, it is possible to apply for a preventive restraining order under the Act on Restraining Orders in Cases of Violence between Relatives, which is decided by the court in a non-judicial procedure within three working days of receipt of the application. In this case, a restraining order may be issued for a maximum period of 60 days.

Please note that if contact arrangements are decided by the court, only the court may be requested to modify those arrangements.

The guardianship authority or, in a marital action or in an action for the settlement of parental custody, the court may, in the interest of the child, restrict or withdraw the contact rights of the parent or another person entitled thereto who was at fault.

Please contact our office if you have any questions about family law and contact matters.

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