It is difficult for all to behave properly after a divorce. Sometimes, the law helps with resolving the conflicts constructively.
Meanwhile, you should know that not only the parents have a right to get in contact with the children after a separation, but their children also have the right to contact the other parent.
Dealing with statutory provisions after separation
In Germany, the rights in the Civil Code relating to parental responsibility are clearly defined. Law 1626 and Section 3 BGB focus on the child's development. After a separation, regular contact with both parents must occur. This rule is still in practice and, the child has a right to access to both parents, while the maternal and the paternal parent is entitled or obliged to deal with the situation. In practical terms, this means that the parent with whom the child lives must allow the other parent to handle them efficiently after the separation or divorce. On the other hand, the parent who does not live with the child must be committed to dealing with the child and caring for them. These are actions that contribute to the welfare of the child and prevent a conflict of loyalty with the children.
The little ones are in trouble
The fact that the kids are the ones who suffer most from the situation is and remains a fact and therefore they need an adequate shelter during and after the divorce procedure. Although there are many kids who are faced with a divorce, they still have the chance to achieve proper development and to get over it. To prevent the child from being manipulated, the law provides assistance on how the child should handle the separated parent.
Let go of your ideas for the benefit of the child
According to judicial authorities, a father has the right to see his 7-year-old son every other Saturday in the afternoons. Although there may have already been some conflicts between the former partners, the mother is imposed to let go of the "child’s hand" and let him go with his father while acting nice. But each time the father wants to pick up his son, he has to wait outside the door and see if the boy wants to go with him. The representative of the Youth Office has heard that the mother has some "reservations" when it comes to the father contacting the son. Therefore, he claims his rights in court. The mother brings her arguments, the boy himself does not wish to make contact and the court respects this decision. However, the Higher Regional Court (OLG) in Karlsruhe seemingly accuses the mother’s passive behavior as far as the right of access is concerned within the meaning of law 1684 of being contrary to paragraph 1 of the Civil Code and to the alienation between a father and his children. The mother should overcome any conflicts with the man (may it be about pensions divorce, alimony or any other such detail) and take a constructive position for the benefit of the child, otherwise, she is threatened to be given the appropriate penalty, according to the OLG Karlsruhe (5 WF 96/01).
Children need their parents even after separation
It is very important for boys to meet their father although they may not get along very well or even if things are not the same because of these conditions. Remember that such a family is better than not having a family at all. Thus, both parents have to take their responsibility for their children and make decisions that are as less harmful for their children as possible.
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