By default, the child is the joint custody of both parents. If they wish, the parents can agree that one of them should have sole custody of the child. Custody means making decisions about the child's affairs. These include education, health care, hobbies, applying for a passport, religion and a name. Custody ends when the child turns 18.
The role of carers
The main tasks of carers are:
- Safeguarding children's development and well-being.
- Deciding on a child's care, education, training, place of residence, day care and early childhood education.
- Talking to the child before making decisions concerning him or her, according to the child's development and age.
- Take the child's views into account when making decisions that affect him or her.
- Represent the child in matters concerning the child.
- Tell the child about decisions that affect him or her and how they will affect the child's life.
In principle, decisions are made jointly by the parents. If the child is in sole care, decisions are taken by one parent only. A third option is a task order, whereby certain decisions concerning the child are entrusted to one parent alone and certain decisions to the other parent jointly. In urgent cases, despite joint custody, a parent can take a decision on the child alone. Such a situation is possible if one of the parents is, for example, travelling or ill.
Choosing a form of maintenance
Parents can conclude a custody agreement. The agreement must be made in writing and must be approved by the children's guardian. The agreement can also be concluded in a court mediation (follo mediation), where the judge confirms the agreement.
When will custody be decided in court?
If no agreement can be reached, the custody of the child will have to be decided in court. In this case, it must be carefully examined whether there are conditions for joint custody and which form of custody would best serve the child's interests. The grounds for claiming sole custody are often based on contentious and strained relations between the parents. The court looks to the future to see whether the relationship between the parents is on the mend or whether it is a chronic and unresolved dispute. It is also important to determine whether shared custody is feasible in practice. Sole care may be necessary if one of the parents is effectively unable to care for the child, for example because of life management problems.
Often joint custody is seen as a starting point and there must be a proper basis for sole custody. Sole custody means that one parent loses the right to make decisions concerning the child. In such a situation, he or she retains the right to information, which means that he or she has the right to receive all information concerning his or her child.
Article written by Lawyer Samvel Margarjan. You can always call him free of charge, p. 010 299 5090.
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