Parental rights: Prevent authority from ex!

Questioner

How can I prevent my ex from getting parental authority over our daughter?

Lawyer

4 Reasons to Deny Contact with a Child Legal representative As a parent with authority, you are the legal representative of your child. If you have joint parental authority, you are both the legal representative. In short, this means that you are responsible for everything for your child, with all the associated rights and obligations. If you do not have authority over your child, you still have the right to contact. Right of access The right of contact between the parent without authority and the child is enshrined in law and international treaties. Only in exceptional cases can this right be denied by the judge. If he denies this right, he will have to indicate which specific facts and circumstances are so serious that he decides to deny it. The law itself names four situations in which the judge can deny contact. Grounds for denial of contact If one of the following circumstances applies, the right to contact between parent and child will generally have to yield because the contact is not in the best interest of the child. The law therefore actually indicates when contact between child and parent is not desired. The child's development will be harmed by the contact. The parent is apparently not suitable or capable of contact. There are serious objections from the child to contact. The interaction is in some way in conflict with important interests. Ad 1. The contact may not seriously harm the child's mental or physical development. Consider significant unrest and tension in the child resulting from this contact. Ad 2. The parent's unsuitability or inability to have contact may, for example, become apparent if the parent is under the influence of alcohol or drugs every time during contact. If the parent frustrates a contact arrangement for a long time by not coming or not coming on time, this may also result in unsuitability for contact. Ad 3. This concerns serious objections from the child and only applies to children aged 12 and over. Children aged 12 and over can therefore be heard by the judge to give their opinion on the contact. The judge will not always do what the child wants, but will take it into account to a large extent. Ad 4. This last ground for denial offers the judge room to deny contact in cases other than those mentioned above. The disadvantage that the child experiences mentally or physically as a result of the contact does not always have to be serious to deny contact. Such a situation falls into this category.