Visitation rights after a divorce or separation

A separation or divorce does not pose a reason to change your visitation rights with your children.

In general, every parent, regardless if he has been granted custody or not, has the right to visitation rights with his/her child. In a few circumstances, even close relatives with a specially close relationship to the child can have a visitation right. Essential is always the child´s welfare. With regard to that, the legislator assumes that visitation rights with both parents is in the child´s best interest. Therefore, the child has a right to conducive visitation rights with both parents, § 1684 Abs. 1 BGB.

The visitation rights include the right of and the obligation to have regular contact with the child, the obligation to promote the child´s development and welfare and to strengthen the trust and relationship between the parent and the child. During the visitation rights, the parent has to take care of the child and takes over all tasks of daily life for the child.

Each parent has to respect the visitation rights of the other parent, which is why the legislator drafted § 1684 Abs. 2 BGB. According to this provision, the parents have to refrain from impairing or exacerbating the relationship of the child with the other parent.

It is possible to make out-of-court arrangements concerning detailed visitation rights, which will help to create clarity and security for the parents and the child. For this solution, a trustworthy cooperation between the two parents is necessary and can be supported and accompanied by lawyers.

If the communication between the parents becomes impossible or if there are other problems concerning the exercise of the visitation rights, it will be necessary to introduce the matter to the court. The court will decide on the visitation rights and can also enforce them. In this procedure, all those involved have the right to speak before the court. This ensures that the court knows all the important facts to find a suitable solution in the child´s best interest.

Is the child endangered, the family court can also decide to exclude a parent from any visitation rights (§ 1684 Abs. 4 BGB). Generally, this only happens, when the child´s abduction is likely or if the child is being abused.

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Najat Abokal
Rechtsanwältin

Kienitzer Straße 107
12049 Berlin

030 / 622 068 96
info@kanzlei-abokal.de

Contact

Jetzt unverbindlich & kostenlos anfragen.

Abokal Logo

Najat Abokal
Attorney

Kienitzer Straße 107
12049 Berlin

030 / 622 068 96
030 / 325 903 62
info@kanzlei-abokal.de

Office Hours:
Monday - Friday: 10.00 -13.00
Monday, Tuesday, Thursday: 15.00 - 17.00