Child from a previous marriage.
September 7, 2009 | 60,00 EUR | answered by Andreas Scholz
The child is 12 years and 8 months old, living with the mother. Both parents have joint custody. The father pays child support properly. Both parents are employed and not financially dependent on each other.
Is a mother allowed to cancel agreed visitation dates with the father as a disciplinary measure? How can the father defend himself against this? Is he allowed to pick up his child against the mother's instructions?
The child is undergoing orthodontic treatment. Should the father have been required to consent to this treatment beforehand? Is treatment only allowed with the approval of both parents?
The child has lost a part of their removable retainer on two occasions. As a result, the mother has prohibited the child from visiting the father. The mother has made a contract with the child, stating that if the orthodontic treatment is interrupted, the child will be liable to pay 2000€. Is this permissible? Who is responsible for payment if the treatment is indeed interrupted?
At what age can a child decide for themselves which parent they want to live with and what steps should be taken? For example, renegotiating child support and child benefit.
Dear questioner,
first of all, the closed contract is invalid. This would constitute a transaction with oneself, § 181 BGB. The contract may also be considered immoral.
You do not have to accept the cancellation of the visitation appointments. Whether as a penalty or for other reasons. I can only recommend that you have the visitation arrangement legally regulated, which is possible in front of the family court. If the mother continues to obstruct visitation, the consequence may be the imposition of a fine.
Regarding the treatment, both parents would generally have had to agree in cases of joint custody. However, in cases of acute health endangerment, each parent is entitled to make necessary decisions alone. Since the treatment is in the best interest of the child, I would advise against taking further steps without a more detailed understanding of the situation.
The child's decision should be taken into account from the age of 14 when it comes to the question of where the child wants to live in the future. If you wish to bring about such a decision, the family court would be the appropriate authority if an internal agreement on this issue cannot be reached.
In that case, your obligation to provide financial support to the child living with you would cease, and your wife would then be responsible for financial support. You would then have to apply for child support. If the child's maintenance claim is confirmed, then the legal route should be pursued.
I hope to have provided you with an initial legal orientation. Feel free to ask if you have any uncertainties.
Best regards,
Andreas Scholz, Attorney
