Ensuring the child's well-being
Organizing the child's life
Upon termination of marriage or cohabitation the parental relationship and the parent's responsibility regarding the child continues. Parents have to solve questions such as, for example, where the child will live, how to organize the child's daily life in the future (which school, kindergarten, hobby group the child attends, etc.), how the communication between the parents and the child takes place, who represents the child, etc. If there is more than one child in the family, it is important to find a solution for each child that is in their best interests.
Parents generally have a joint custody in relation to the child, which means that parents must decide matters related to the child together. Joint custody does not end when the parents end their cohabitation or when the child stays with one parent. This means that if the child stays with one parent after the separation, this parent does not automatically have greater rights in making decisions regarding the child compared to the other parent. The parents must agree with each other how they will organize the decision-making of issues related to joint custody. Joint custody can be terminated only by the court based on the parent's application.
Parents must always put the child's interests and rights first when deciding on the arrangement of the child's life and matters related to the child. When caring for and raising a child, parents must take into account that the child's ability and need to act independently and responsibly is constantly increasing. The child must be able to participate in solving care and upbringing issues concerning them, according to their age and level of development.
Important to know concerning this step
If the couple relationship ends, the parental relationship between the child and the parent continues. This means that it is necessary for the parents to discuss and agree together on topics concerning the organization of the child's life.
For example, these topics may include:
- Place of residence of the child
- The child's relationship and communication with both parents (procedure of communication)
- Communication between siblings
- Child maintenance (including maintenance allowance)
- Questions concerning the child's education and hobby education
- Questions concerning the health care of the child
- Common values and educational principles
- Organization of school breaks, holidays and trips
- Other topics important for the child
If more than one child grows in the family, it is necessary to think through these issues for all children separately. The child themselves could certainly be included in these discussions, taking into account their level of development. For the child, this opportunity to have a say in matters concerning them is important. At the same time, however, they should not be made to choose between their parents or be obliged to make responsible decisions. However, the most important thing is for the child a supportive and secure relationship with both parents and that the parents are able to remain peaceful and supportive in these discussions and in the further arrangement of life.
Regardless of age, all children have a statutory right to be heard in matters that concern them. Therefore, involving the child in the topics concerning their life arrangement means above all listening to the child and thereby taking into account their wishes, opinions and developmental needs. This means that parents should also involve the child in every question concerning the child and give them the opportunity to talk about the topic in a safe and supported manner. The child must certainly not be made to choose between parents or be obliged to make responsible decisions. The opportunity to express an opinion cannot be a child's responsibility - the child must not be forced to express their opinion under any circumstances if they are unwilling or unable to do so. A child may not have a clear opinion because they can trust their parents to be able to work together and resolve issues in their best interest.
Right of maintenance
It is a parent's duty and right to take care of their minor child, including it includes personal custody (the right to take care of the child's person) and property custody (the right to take care of the child's property). Parents generally have joint legal custody of the child, which does not end when the parents end their cohabitation or when the child stays with one parent. In the case of joint custody, parents have equal rights and obligations towards their children and it must be fulfilled unanimously, keeping in mind the comprehensive well-being of the child. When exercising parental rights, a parent must always keep the best interests of the child in mind and exercise parental rights in good faith.
Parents who have joint legal custody must decide important matters related to the child together, even if they live apart. With the child's well-being in mind, it is necessary to agree, for example, to what extent and in what way the parent living apart from the child participates in raising the child. The custodial parent is, among other things, the child's representative, which means that parents with joint custody also have joint right of representation. A parent can represent a child alone only if he or she has sole custody of the child or in a specific matter if the court has given him or her the sole decision-making right.
Right of access
The child has the right to communicate personally with both parents, and both of the child’s parents have the obligation and the right to communicate with the child. The parent must refrain from activities that harm the child's relationship with the other parent or make it difficult to raise the child. The same principle applies if the child is cared for and raised by another person. Changes to legal custody do not automatically limit either parent's right of access (meaning that if one parent's custody is restricted, he or she still retains right to access to the child). In case of separation of parents, it is necessary to consider and agree on the child's communication schedule with the separated parent, if necessary, this may also mean making a written agreement. The purpose of the procedure of communication is to ensure that the child has the opportunity to know the separated parent and to maintain close relations with the separated parent..
Power of decision
In the event that the parents do not reach an agreement on a matter important to the child while exercising joint custody, the court may, at the request of the parent, grant the power of decision in this matter to one parent. The power of decision in such a case includes the exclusive right of one parent to make a decision regarding the child in a specific matter.
Requesting the power of decision on a certain issue is appropriate especially when the parents cannot reach an agreement on solving a specific issue concerning the child, but do not want to terminate joint custody. In this case, the court can give the right to decide on this particular issue to one parent, while maintaining joint custody in other important matters concerning the child.
The purpose of changing joint custody, including partial or complete termination and granting sole custody to one parent, is generally that one parent can decide alone on important issues concerning the child in the future. However, the joint custody of the parents can only be terminated if the interests of the child require it. This means that it is justified to make exceptions to the equal rights and obligations of the parents towards the child only if the parents are unable to exercise joint custody in the interests of the child. For example, parents cannot agree on the child's place of residence or other important issues concerning the child's life.
In the event of a dispute between the parents, it is important to first find out in which area and in what exactly the parents' disagreements lie. The legal custody can and must be assessed separately for different areas, and the joint custody of the parents can be terminated and one parent can be granted sole custody only to the extent necessary to ensure the interests of the child. That is, the main factor in changing the custody of a child is taking into account the child's well-being and interests. Granting sole custody to a parent in one area does not automatically result in granting sole custody to the same parent in other areas.
If the parents with joint custody live permanently apart or for some other reason do not wish to exercise joint custody in the future, each parent has the right to request from the court in a non-lawsuit procedure that the right of custody of the child be partially or fully transferred to him or her. They might also in the course of a State-Funded Family Mediation Services agree that joint custody is partially or fully terminated and custody is partially or fully transferred to one parent. Such an agreement can only be concluded within the framework of the family mediation service, if the court has issued a referral to the service. You can read more about the family mediation service in step 3.
Obligation to provide and support
Obligation to provide towards the child means due to parentage, the obligation to support the child, including taking care of the child, contributing to the child's well-being and development. In generally both parents have to provide for a minor child in equal shares until the child reaches the age of majority. In the event that the parents do not raise the child together, for example, if after divorce one parent no longer lives with the child and does not actively contribute to the child's daily life, then he or she has to fulfill the obligation to pay child support. The parents' obligation to provide for the child comes from the family law, and based on the rules set forth in it, the parents can agree on the conditions for paying child support. If the parents do not reach an agreement on the payment of child support, it is possible to turn to court with a statement of claim to order payment of child support. In the said application, the applicant is the child, on whose behalf the documents are submitted by his or her representative, i.e., in general, the second parent.
A parent raising a child must use the child support for the benefit of the child. Sometimes the child also lives with both parents (so-called alternating home or shared parenting), so both parents bear the costs related to the child's home. On the other hand, this change of residence does not always mean that maintenance does not have to be paid. It is important to observe the proportionality of expenses for the child. Read more about the amount of child support and its calculation on the website of the Ministry of Justice.
Maintenance allowance
Maintenance allowance is a benefit paid by the state to the child in a situation where the parent or parents do not fulfill the obligation to provide for the child at all or do not do so to the extent stipulated by law. The purpose of maintenance assistance is to ensure maintenance for the child if the obliged person (e.g. a parent living apart from the child) does not fulfill the obligation to provide during judicial or enforcement proceedings. This means that maintenance allowance can only be requested in a situation where the support claim has been appealed to the court, but the judgment has not yet been made, or if the parent who is obliged to pay support by the judgment does not do so. In order to receive maintenance allowance, the court must have issued a corresponding court order in favor of the child. Read more about maintenance allowance From the website of the Social Insurance Board.
The easiest way to apply for maintenance allowance is in the state portal or by sending a digitally signed application by e-mail to [email protected].
Both minors and children up to the age of 21provided that they are studying are entitled to receive maintenance allowance. The legal representative of the child submits the application on behalf of the minor child. An adult child submits the application themselves A child is not entitled to receive maintenance allowance if, instead of a parent, another person fulfills the obligation to provide on the basis of § 106 of the Family Law Act.
When the child comes of age the obligation to provide of the parents continues with regard to the child if the child is studying or is acquiring basic, secondary or higher education or is undergoing formal studies in vocational training. This obligation applies until the child reaches the age of 21, unless the child is unable to work. In addition, it changes that an adult child represents themselves, their parent no longer does this. In other words, for example, an adult should communicate with state or local government institutions and submit applications and documents.
Contacts
For questions regarding the well-being of the child and parent, please contact the appropriate agency.