Court strengthens fathers' rights: clarity required for access regulations!

Court strengthens fathers' rights: clarity required for access regulations!

An exciting case from the world of family law is causing a stir: The decision of the Jena Higher Regional Court of April 2, 2025 makes it clear that a court may not simply reject a requested contact arrangement. The background is a situation between two separated parents who were fighting in court over the access rights of their children. The mother had moved 500 kilometers away some time ago, which made the previous, informal arrangement considerably more difficult.

In the past, the child's father regularly picked up the children every other weekend from Friday to Sunday. But the now great distance made it increasingly difficult for him to maintain this agreement. For this reason, he filed an application with the family court to redesign the visitation regulations. His suggestion: pick up the children every three weeks and oblige the mother to take them to a train set by him. If she did not comply with this rule, she would have to pick up the children from their father on Sundays. But the family court's first verdict was sobering: the application was rejected on the grounds that the parents were in agreement anyway - a decision that the father did not accept.

Judicial clarity is a must

The child's father turned to the Jena Higher Regional Court with a complaint. There he was proven right. The Higher Regional Court not only overturned the family court's decision, but also made it clear that judicial regulation was necessary. Because without clear guidelines, the parent with access rights does not know how to specifically exercise their right to access. This decision highlights the right of the parents to have clear and regulated circumstances for contact, such as anwalt.de reported.

The decision makes clear the responsibility of family judges: They may not simply regard a requested contact arrangement as not necessary; mere rejections do not constitute a legal termination of a contact procedure. Such an arrangement provides clarity and is crucial to resolving any conflicts between parents and promoting the well-being of the children.

Focus on the rights of children and parents

The legislation stipulates that children have the right to contact with both parents. The parents are obliged to facilitate this contact and to refrain from anything that could affect the child's relationship with the other parent. The ruling by the Jena Higher Regional Court clearly shows how important it is that these regulations are anchored in a legal framework. Ideally, parents should negotiate flexibly about times and modalities of contact, but if there is disagreement, legal clarification is necessary 123recht.de explained.

In summary, this is not only a victory for the child's father, but a landmark ruling for everyone who finds themselves in similar situations. The family courts must ensure that the rights of both parents and, above all, the needs of the children are taken into account in a fair and equitable manner. Because one thing is clear: regular contact is not only important for the parents, but above all for the well-being of the children. Further information on the topic is also available kgsw-anwaelte.com to find.