21 April 2020
The corona virus controls our lives and has many consequences.
Recently, I have received many questions from parents on how to deal with visitation arrangements during this time. Below you will find a number of questions and their answers.
The answer to that is no. The cabinet’s measures, including the stricter measures of March 23, do not give you the right to suspend the visitation arrangement. Your child has the right to contact and interact with the other parent, just as the other parent has the right to contact and interact with your child. The contact arrangements must therefore be observed.
One of the measures of the cabinet means that if you have a cough, cold, sneezing combined with a fever, everyone in the household must stay at home. This means that the contact temporarily cannot take place. However, you cannot decide this without consulting the other parent. Communication between parents is key and that certainly applies in the time in which we now live. So communicate about this with each other.
That is certainly possible by mutual agreement. Perhaps parent A has a vital occupation and therefore cannot work at home, while parent B has the opportunity to work from home. For example, you could agree that your child may temporarily stay more time with parent B during the corona crisis. As mentioned, this is only possible after mutual consultation with the other parent and you cannot determine this unilaterally.
Unfortunately, I cannot answer that for you yet. Your child may need to stay with the parent where the child is at that time. Another option is that during a total lockdown your child should be with the parent where the child has his/her primary residence. However, it is also possible that an exception will be made and that visitation arrangements must be observed during a lockdown.
As indicated above, communication between parents is important. I therefore appeal to you as parents to come to good agreements in the interest of your child during this time. If you have any other questions, feel free to contact me.
17 May 2023
In practice, a frequent question is whether the other parent also has custody. The answer to this question depends in part on when the acknowledgement took place.Read more
19 April 2023
Can you agree to waive spousal maintenance before marriage?Read more
27 February 2023
Some of our family lawyers also work as mediators. I am one of them. Mediation in family law cases is on the rise. Nevertheless, some ambiguities about mediation still exist.Read more