On the Rules of Maintaining Contact with the Child

“We divorced by mutual agreement, but my ex-partner is doing everything to prevent me from seeing my child who lives with them. What can I do?” – asks our reader, Sz.T.

After a divorce, parents jointly exercise parental custody, and the court only orders the exercise of parental rights by a single parent or a third party in exceptional cases.

Divorced parents jointly determine the minor’s residence, and in the absence of an agreement, the court decides this matter.

Article 401 of the Civil Code establishes the right of the non-custodial parent to maintain personal and direct contact with their child, while the parent raising the minor is obliged to ensure the uninterrupted nature of this contact.

According to Law No. 272/2004 on the Protection of Children’s Rights, minors have the right to know their relatives and maintain personal contact with them. A parent or other legal representative cannot hinder contact with grandparents, siblings, or other relatives unless ordered by a court decision.

The right of access includes visiting the child, picking them up, correspondence, phone communication, being informed about their academic performance and health status, etc.

Parents should ideally agree on the visitation arrangements. In the absence of an agreement, the court determines the visitation schedule, its modification, or restrictions within the framework of the divorce proceedings or a separate litigation.

In the process, it is mandatory to hear the child who has reached the age of 10, and in justified cases, the judge may also order the hearing of a younger minor.

To clarify the facts comprehensively, it may be appropriate to summon witnesses, conduct social assessments, solicit opinions from educators, or obtain expert psychological assessments. Until a final, enforceable decision is made, it is possible to establish a temporary visitation schedule through urgent procedures.

The decision must include the frequency of contact, its duration, whether it is individual or supervised, as well as the time, place, and manner of handing over and returning the child. It is also advisable to address the obligation to notify about missed contacts, the possibility and manner of compensating for missed visits, and in the case of a parent living abroad, who will bear the transportation costs for the child.

In practice, personal contact usually takes place through a few afternoons spent together each week and a few weekends each month. At the same time, the non-custodial parent has the right to spend time with the child during school breaks and holidays.

Maintaining personal contact with the child is not only a right but also an obligation. For the visitation schedule to be truly achievable and to fulfill its purpose, the primary consideration should be the best interests of the child, while also taking into account the circumstances and lifestyles of both parents, the age and activities of the child, as well as the depth of the emotional bond between the parent and the minor.