In Austria, around 21,000 marriages break every year. Even if much of this distinction is based on consensus, it often happens that parents convey their problems to the couple on the parent level. This results in massive child custody and visitation disputes, which usually end in court and have serious harmful consequences on the children.
What do we mean by visitation rights?
If a parent does not live with the minor child in a household after a divorce or separation, that parent has the right to have personal contact with the child. At best, the parents can reach an agreement. This works, but it cannot be made by one party - the child's mother, father or the child themselves - as there should be an application to check the visitation rights with the court. Depending on the child’s age, the court decides on the subsequent visit contacts.
What is the scope of visitation rights?
The scope of visitation rights is always directed to the welfare of children. Usually the child’s age is crucial, in addition to other factors. The younger the child, the shorter but more often should be the visits, but they should not take place in the same household where they usually live.
Babies younger than one year old
The visits should take place once a week since the period is usually too long and can hurt the child’s relationship to the parent.
Toddlers up to 6 years old
The visits should take place every 14 days and should last for up to several hours a day. It often happens that the court admits a further half day of visiting indoors. Also, one night can be added if the circumstances fit for it, this having a beneficial perspective for the children.
Children between 6 and 10 years old
The court and the divorce law usually allows visits every 14 days or two weekends a month, approved from Saturday morning to Sunday evening. Depending on the school schedule, Friday afternoon can also be included.
What role does the child play?
The child's age is crucial. The child’s will for the regulation of visitation rights is not usually in the foreground with children younger than 10 years old. The child’s will is more important when they are older, but it is not the sole criterion since the child cannot think of their welfare. Many children are afraid of revealing their true desires because of loyalty conflicts, self-protection or influences by the other parent. They often say that they do not see their dad when, in fact, there is a great yearning, but the child does not want to offend the mother. This is supported by so-called projective techniques that are used by psychologists to learn the true or unconscious needs of the child.
What are child or family psychological experts?
Child or family psychological experts are consulted by the court when a professional opinion is necessary for the purposes of the child. The expert shall obtain the relevant case information, conduct interviews with both parents and the child, if necessary, or with other caregivers such as: grandparents, siblings, teachers or kindergarten teachers. They also make home visits and refer to psychological tests in some cases.
0 comments:
Post a Comment