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Divorced german couple with two children, 12 and 8 years old. Each parent has shared custody and responsibilities. father does not want children's mother contacting children when the children are with him. The mother complains about this and says that it is against german law. Is this true?
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Dear customer,
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He cannot forbid the telephone contact of the mother completely.
Both parents take the parental care of the children, also in the times in which the children stay with the other parent.
The forbid of the telephone contact goes only if it crosses the usual measure and his contact right with his children will be disturbed by the telephone calls.
e.g., the father can undertake nothing with the children because they call up the whole time with the mother
I hope I was able to help. If so please accept my answer.
Best regards,
Anja Merkel, LL.M.
Attorney
Thank you for this information. If the children are a full week with each parent back and forth, could the father say, no phone calls on weekend, but during the weekdays it is ok?
unfortunately, this is not so easy. Basically a telephone call per day should be possible.
basically, the father would have to see his children less then, right? If he only had his children every other weekend, then could he avoid the calling?
no, it does not mean basically that the contact with the children is timewise limited. however, he is also obliged to permit the contact to the mother and to promote this.If he sees his children only every second week-end, he cannot prevent the contact with the mothers also.
he can prevent the contact only if this badly affects the children, or the meeting with Him and his children, e.g., by countless phone calls per day.
Experience: 1.+ 2. Staatsexamen; LL.M.(Master of Law)