Parents should ensure that their not mentally impaired child may express his/her opinion in the course of preparation of the decisions affecting him/her. The opinion of a child – while bearing his/her age and maturity in mind – should be taken into consideration.
Unless otherwise agreed upon by them, parents exercise custody jointly even if they do not live in the same household any longer.
In the event the child was placed with one of the parents in an action for dissolution of marriage or child custody based on the parents’ agreement or a court’s decision, custody will be exercised by that parent, unless the court ordered common custody at the parents’ request at the same time as it ordered custody of the child or it approved the parents’ agreement on common custody.
In the event the parents are unable to cooperate with each other during the common custody any longer, the court will terminate the common custody at the request of any of the parents provided that such termination is reasonable also from the point of view of the child’s development.
Right of access
A child is entitled to have a personal and direct access to his/her separated parent. The parent who is living separated from his/her child is entitled and obliged to have an access to his/her child and to meet him/her regularly (right of access).
The parent or another person bringing up the child shall provide for undisturbed access. The parent is entitled to have access to his/her child also if his/her parental custody is suspended. In exceptional cases, if it is justified in the interest of the child, the parent whose parental right of custody has been suspended by the court may also be entitled to have access to the child. It will be decided by the court suspending the parental custody or the guardianship office.
If there is an action for divorce or child custody is in progress, the right for access is decided in lack of the parents’ agreement. The court may restrict or revoke the right of access of the parent who shows actionable conduct or may order suspension exercising such right in the interest of the child. If the right of access was decided by the court, only the court may be requested to change it within two years of the date at which the decision became final. Enforcement of the court decision on the right of access is ensured by the guardianship office.
