Regime of Personal Relations with a Child

Maintaining personal contact between a father and his child is vital for both, as it enables the child to develop feelings of love, attachment, and trust through communication — all of which contribute to proper emotional development, stability, and self-confidence. It is undisputed that every child needs regular contact with both parents, especially with the one who has not been granted the exercise of parental rights.

In accordance with Article 8 of the European Convention on Human Rights (ECHR) and its interpretation in case law, respect for family life requires that, even when family life — including cohabitation outside marriage — has ended, contact between the child and the absent parent must continue.

The European Court of Human Rights in Strasbourg has emphasized that the mutual benefit derived by a parent and a child from their relationship is a fundamental element of family life. Therefore, the Convention and its monitoring bodies recognize the “right of contact” as a fundamental human right within the meaning of Article 8. This right equally belongs to both the parents and the child.

The aim is to strike a proper balance between the rights of the parents, with the best interests of the child serving as the decisive criterion. Family life should be regarded as bilateral, and judicial intervention through coercive measures should occur only when failure to intervene would harm the child.

The parent granted custody bears an additional obligation to act respectfully toward the other parent, to refrain from alienating the child, and to avoid undermining the other parent’s authority.

The regime of personal relations is determined based on the specific circumstances of each case, with the best interests of the child as the main criterion. Measures can be adapted to the child’s age and developmental needs and may be modified if proven ineffective.

This publication does not constitute legal advice. For legal assistance concerning child support or visitation rights, please consult a lawyer specializing in family and inheritance law.