Right of access

The organisation of contact rights and thus the regulation of contact between children and the non-custodial parent is very important for both parents and children. Rights of access and the duty of access are a pair of terms.

The family law specialists at Schneider Stein & Partner are increasingly dealing with cases in which solutions are sought and found outside of "classic" models. In line with the requirements of the world of work, flexible solutions on the one hand and various forms of the alternating model on the other are becoming increasingly important. We contribute our experience in this field of work to the inter-professional discussions on improving current practice. Lawyers and specialised lawyers for family law at the law firm Schneider Stein & Partner know and shape the current and future handling of access rights cases and help you to clarify your access rights case.

Scope of the right of access

The right of access includes personal contact, but also, for example, contact via letters, telephone and e-mail. The right of access is independent of personal custody. Contact is generally exercised to the exclusion of the caring parent.

Obligations of the parents

Costs arising from the use of the right of access or the exercise of the obligation of access, e.g. travel costs, must generally be borne by the parent entitled to access. The relevance of such expenses under maintenance law must be examined on a case-by-case basis.

However, the other parent has a duty to cooperate in the realisation of the contacts, e.g. taking the train or plane.

Right of access for relatives

Access rights for fathers and mothers make up the majority of cases - in practice, however, there are also conflicts involving step-parents, grandparents or foster parents with a child. We provide advice and support in the development of out-of-court arrangements as well as in court proceedings concerning access rights. Where necessary, our specialised family law attorneys also consult experienced psychological experts in order to reach an optimal solution.

Detailed control option

In the event that a legal dispute over access rights is unavoidable, our lawyers for access rights support our clients at the youth welfare office and before the family court. The court has a wide range of possible orders at its disposal. In order to prevent renewed disputes, detailed regulations can be ordered which set out the modalities of the right of access.

In a consultation with our specialist family law solicitors regarding contact arrangements, we can work with you to make preliminary considerations as to how best to determine the type, timing and frequency of contact in court. The positions of the other parties involved and objective findings regarding the child are of great importance when planning and implementing the arrangements that are recognised as correct and must be taken into account.

An existing court ruling on access rights can also be changed at any time by means of an application.