Custody and personal contact are separate legal subjects. You can go to the question you are interested in from the headings below, or read the answers in order. In a specific application, the content of the existing decision and the child’s circumstances are assessed separately.
Showing 1–6 of 6 questions
Can a custody decision be changed later?
Changed circumstances may require custody to be reassessed. The effect of the new situation on the child and the best interests of the child are considered together.
A circumstance such as remarriage or a change of place of residence does not, by itself, lead to the same result in every case. Developments that arose after the earlier decision should be assessed on the basis of concrete information and documents.
Is the child’s view taken into account when custody is assessed?
A child capable of forming views must be able to express an opinion on matters that concern the child. The child’s view is given weight in accordance with the child’s age and maturity.
The child’s right to participate does not mean that responsibility for the decision is left to the child. In the detailed explanation, you can review this distinction and the relevant international instrument.
What can be done if a personal contact decision concerning a child is not being implemented?
First, the content of the decision, the contact schedule and the enforcement problem that has arisen should be examined together. The existing decision and the particulars of the case matter in determining the course to be followed.
A copy of the decision and records showing the dates and circumstances of the contact meetings that did not take place can be prepared for legal assessment. The competent authority and the procedure for the application must be determined separately on the basis of the regulations in force and the specific situation.
If the child moves to another city, does the personal contact decision change automatically?
No; if an adjustment to the new circumstances is needed, it must be requested from the court.
A change of residence may affect the child’s schooling, travel and the contact schedule with the parent. While the existing decision remains in force, instead of either party applying a new schedule unilaterally, it may be considered to request an adjustment with regard to travel, costs and the best interests of the child.
Is the social investigation report conclusive evidence in a custody case?
No; although the expert report is an important assessment tool, it does not bind the court on its own.
The scope of the interviews in the report, the observations relied on, the statements of the parties and the child, and current living conditions are examined. If the findings are incomplete or contradictory, a further investigation and an assessment of the report together with the other evidence may be requested.
When contact with the child is obstructed, should one apply to the police or to the judicial support unit?
The enforcement of decisions on handing over the child and on personal contact is governed by the statutory procedure of the judicial support and victim services.
Since Law No. 7343, the method of enforcing personal contact decisions differs from the former enforcement-office practice. A copy of the decision, the place of application, the contact schedule and records of the meetings that did not take place should be prepared; coercive personal interventions involving the child should be avoided.