Can I enforce my child's visitation rights through the courts?
October 13, 2023 | 40,00 EUR | answered by Oliver Breitwieser
Dear Family Law Attorney,
I am reaching out to you with an urgent question regarding my visitation rights with my child. My name is Thomas Eberstark and I am facing a difficult situation that is causing me a great deal of distress.
To provide some background: After my separation from the mother of my child a year ago, I have consistently tried to arrange visitation rights with my child. Unfortunately, the mother of my child is not cooperative and is denying me contact with my child. I am desperate and frustrated as I miss my child dearly and would like to spend regular time with them.
The current situation is that I am unable to exercise my visitation rights, even though I want to and am legally entitled to do so. I am concerned about the impact of this lack of relationship on both my child and myself, and I fear that the mother of my child may be trying to permanently block my relationship with my child.
Therefore, my question to you is: Can I legally enforce my child's visitation rights? What legal steps can I take to exercise my rights as a father and ensure contact with my child? Are there any ways in which I can effectively enforce my visitation rights, even if the mother of my child is not cooperative?
I thank you in advance for your help and support in this difficult matter.
Sincerely,
Thomas Eberstark
Dear Mr. Eberstark,
I understand your situation and can imagine how burdensome it must be for you not to be able to spend regular time with your child. In Germany, the right of access is legally enshrined, and parents generally have the right to have contact with their children. If the mother of your child denies you access, you can enforce the right of access through the courts.
First, you should try to reach an out-of-court agreement with the mother of your child. This can be done, for example, through mediation sessions with a mediator. If an out-of-court agreement is not possible, you can file a lawsuit to enforce the right of access in court.
To enforce the right of access in court, you should consult a family law attorney who will represent you in this process. Your attorney will file a lawsuit with the appropriate family court and request the enforcement of your right of access. The court will then make a decision in the best interest of the child.
It is important that you provide your attorney with all relevant information and documents related to your relationship with your child. This may include documents on past contacts, witness statements, or expert opinions. The more information you provide to your attorney, the better he can support you in the process.
There are various ways in which the court can enforce the right of access. This can be done, for example, by establishing a specific access plan, imposing fines for non-compliance, or ordering supervised visits. Your attorney will inform you about the different options and together with you develop the best strategy.
I strongly recommend that you consult a family law attorney promptly to enforce your right of access in court. I wish you success and hope that you can soon have regular contact with your child again.
Sincerely,
Oliver Breitwieser
