Court strengthens fathers: Clarity for handling regulations required!
Court strengthens fathers: Clarity for handling regulations required!
An exciting case from the world of family law causes a stir: The decision of the Jena Higher Regional Court of April 2, 2025 makes it clear that a court must not easily reject the handling regulation. The background is a situation between two separated parents who argued in court for their children's right of access. The mother had moved 500 kilometers away some time ago, which made the previous informal regulation considerably more difficult.
In the past, the child's father regularly picked up the children every second weekend from Friday to Sunday. But the now great distance made it increasingly difficult for him to maintain this agreement. For this reason, he made an application to the family court to redesign the visiting regulation. His suggestion: to pick up the children every three weeks and to oblige the mother to bring her to a train set by him. If she did not meet this regulation, she would have to pick up the children on Sundays. But the first judgment of the family court was sobering: the application was rejected on the grounds that the parents agreed 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 right. The Higher Regional Court not only highlighted the decision of the family court, but also made it clear that a judicial regulation was necessary. Because without clear guidelines, the parent authorized to deal with does not know how he can specifically perceive his right to deal with. This decision emphasizes the rights of the parents to get clear and regulated circumstances for dealing with, such as Anwalt.de reported.
The decision illustrates the responsibility of family judges: you must not simply consider a requested handling regulation as not necessary, mere rejections are not a legal termination of a handling procedure. Such a regulation ensures clarity and is crucial to solve any conflicts between the parents and to promote the well -being of the children.
rights of children and parents in focus
In legislation, it is stated that children have the right to deal with both parents. The parents are obliged to enable this handling and to refrain everything that could affect the child's relationship and the other parent. The judgment of the Jena Higher Regional Court clearly shows how important it is that these regulations are anchored in a legal framework. Parents should ideally negotiate about times and modalities of dealing, but if the disagreement is disagreement, judicial clarification is necessary, as 123recht.de explains.
summarized not only a victory for the child's father, but a trend -setting judgment for everyone who is 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 fair way. Because it is clear that regulated handling is not only important for the parents, but especially for the well -being of the children. Further information on the topic can also be found on kgSw-anwaelte.com
| Details | |
|---|---|
| Ort | Jena, Deutschland |
| Quellen | |