АУСТРИЈСКИ МОДЕЛ ПОМОЋИ И ПОДРШКЕ ДЕТЕТУ У ПОСТУПКУ ЗА УРЕЂИВАЊЕ РОДИТЕЉСКОГ СТАРАЊА И ЛИЧНОГ КОНТАКТА
The Proceeding for Regulating Parental Custody and Personal Contact with the Child in Austrian LawThe Proceeding for Regulating Parental Custody and Personal Contact with the Child in Austrian Law

Summary/Abstract: In the past few decades, Austrian Family Law has encountered a complete transformation. The change has ensued from the altered perception of childhood, parenthood and other social factors, from the need to implement the international standards on human rights and the rights of the child, as well asfrom the obligation to transpose the EU law into the national legislation and to keep up with the contemporary developmentsin the European Family Law. In the past decades, Austria has significantly augmented the provisions on parental custody and improved the legal position of the child. Within the latest legal intervention in 2013, Austria has abolished almost all differences between legitimate and illegitimate children, and joint custody has become the predominant form of parental custody. Furthermore, the legislator has instituted special mechanisms aimed at providing for proper court intervention in cases of crisis and/or conflict for the purpose of protecting the family members’ rights and ensuring adequate assistance in rearranging their family relations. One ofsuch procedural instrumentsisthe non-litigious proceeding for regulating parental custody and personal contacts between the parent and the child, which is regulated by the new Austrian Non-Contentious Proceedings Act of 2003. By adopting this Act (which entered into force in 2005), Austria embarked (after more that 150 years) on a thorough reform of its non-litigious procedural legislation and harmonized the national legislation in this area with the international fair trial standards. The most significant novelties in the proceeding for regulating parental custody and personal contact with the child (visitation rights) are reflected in the fact that the child over the age of 14 has been given a procedural capacity; moreover, for the purpose of ensuring the child’s effective participation in the proceeding, the legislator has prescribed the appointment of the child support person (Kinderbeistand), who provides support and assistance to the child throughout the proceeding in exercising the right to be heard and the right to freely express his/her opinions and needs/wishes. There is also a specialservice (Familiengerichtshilfe) which specializes in providing assistance to family courts; at the request of the family court, this service may collect facts, assist parents to come to a mutual agreement and give its professional opinion on related matters. The non-litigious court is authorized to issue an interim decision on temporary custody and/or personal contacts with the child; after a six-month period of supervision, the court is obliged to render the final decision on the matter. The court also has the authority to issue special measures and to enforce its decisions, which significantly contributesto improving the efficiency of judicial protection.

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