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Access rights proceedings; implementation

The Local Court - Family Court - decides on disputes concerning the scope and exercise of contact with a child.

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Procedure details

The child has the right to have contact with each parent; each parent is obliged and entitled to have contact with the child. The parents must refrain from doing anything that impairs the child's relationship with the other parent. Unfortunately, it is not uncommon for parents to argue bitterly about this, especially when they separate. Each parent should be aware that the child needs regular contact with the other parent in order to develop a stable personality.

In the event of disputes, the local court - family court - can decide on the scope and exercise of access rights, for example by determining which days of the month or which part of the vacations a parent may spend with the child.

The court can only restrict or exclude access rights with a parent to the extent that this is necessary for the child's welfare. This is only possible for a longer period of time or permanently if the child's welfare would otherwise be at risk. In these cases, the court may also order "accompanied contact", which may only take place in the presence of a third party (such as an employee of the youth welfare office).

Grandparents and siblings also have a right to contact with the child if this is in the child's best interests. The same applies to (other) close caregivers of the child if they bear or have borne actual responsibility for the child, which can generally be assumed if the person has lived with the child in the same household for a longer period of time. In these cases too, the family court can make appropriate arrangements for contact in the same way as for parents.

You can find more details on access rights in the information brochure "Parents and their children" from the Bavarian State Ministry of Justice, which you can download under "Further links".

In principle, the local court - family court - in whose district the child has his or her habitual residence decides on access rights proceedings. However, if a matrimonial matter (e.g. divorce) of the child's parents is pending before the court, the court of the matrimonial matter is also responsible for the access rights proceedings.

Before the local court - family court - and the higher regional court, there is no obligation to be represented by a lawyer if the access rights proceedings are not being conducted as a subsequent matter in conjunction with a divorce matter.

If a parent violates an access arrangement made by the local court - family court - the court may impose an administrative fine on the obligated party and, if this cannot be collected, may impose administrative detention. However, the use of force (e.g. by a bailiff) against a child may not be permitted in order to enforce a right of access. In the event of persistent or repeated significant breaches of duty, the family court can also order a guardianship for the implementation of contact (so-called contact guardianship). In the case of persistent violations, a change of custody ex officio or at least partial forfeiture of a maintenance claim of the parent concerned against the other parent may also be considered.

Complaint

Status: 05.03.2025
Editorial responsibility Bayerisches Staatsministerium der Justiz
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