Austrian Times RSS FeedsLike the Austrian Times Facebook page!Follow us on Twitter!


Events for October
M T W T F S S
29 30 1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31 1 2
Add your event FREE

Today

Videos


BurgKino

Pub Quiz everyTuesday at Johnny's Pub

Popular in Austria


Cosmo&Nanu
Austrian Times Blog

no picture available

Why marriage is dissolvable but a child is for life

Article 1325 of the Austrian Civil Code allows the possibility to claim compensation for physical and emotional suffering.

It is a valid offer, as emotional distress can often seem far more cruel than any physical pain, especially if the suffering was at the hands of those who are closest - namely family.

But in one of those curious anomalies that is the legal system in practice this is not always as straightforward as it seems.

Take for example the case of one woman who told the Austrian Supreme Court she was suffering from insomnia, headaches, anxiety attacks and depression and psychosis as a result of her husband's adultery.

Experts testified that her emotional suffering and even the sudden onset of skin cancer were caused by the adulterous behaviour of her husband.

But the court threw out the case - ruling that a spouse cannot claim compensation for emotional suffering against their partner if it is caused by the adultery.

The reason is that the court views marriage as a dissolvable relationship - meaning the injured party was only entitled to claim back the expenses in exposing that affair, for example though the hiring of a detective.

However the relationship between a parent and child is not viewed by the courts as dissolvable, but rather as permanent. That means that in contrast to the marriage where it is possible to "dissolve" the suffering through divorce / separation, the parent-child relationship is permanent and therefore the suffering cannot be dissolved.

Therefore compensation for emotional suffering could be due if one parent denies the contact of the other parent to the child, without good reason.

That is now being tested in a case here in Austria in which a father suffered from a diagnosable mental illness because the other parent influenced the child negatively in encouraging them to severe ties with their father.

In the pending lawsuit the dad claimed compensation for emotional suffering because the mother denied him contact to the child. An expert opinion confirmed that the father suffered from a diagnosable mental illness because the mother blocked him from seeing his child.

The judgement will be passed soon.

-------------------------------------------------------------------------------------------------------

Austrian Times columnist Matthias Loinig is a legal correspondent and campaigner for more transparency and fairness in family law in Austria. One of the main areas he specialises in is the often obscure decisions by courts of custody - in particular over the tendency to favour the mother at the cost of the father. He is now a veteran campaigner with extensive experience of the justice system and works with a team of legal professionals recognised as the most experienced and skilled family law practitioners in Austria. He has worked towards resolutions for many parents and children, especially in cases where the parents have an immigration background, and is now a columnist for the Austrian Times Group.

Austrian Times


Are you on Facebook? Like the Austrian Times on Facebook and win great prizes!


Cosmo and Nanu
ORF Watch

Tag cloud:
permanent  court  opinion  parents  cannot  mental  marriage  child  illness  Austrian  diagnosable  family  adultery  relationship  columnist  emotional  expert  husband  compensation  campaigner

Latest News

 

MEP caught In Brit papers Fraud Probe Jailed
A corrupt MEP caught by a British newspaper offering to propose amendments to EU laws in exchange for 100,000 euros a year has been given a three-year-jail term.

Vienna Jihad Girls Want To Come Home
The two Austrian teenage girls who became ‘poster girls’ for the jihad in Syria are now desperate to come home after getting completely disillusioned with their new lifestyles.

Mega-Station Opens
There was a festival atmosphere as Bundespresident Heinz Fischer opened Vienna's new Hauptbahnhof Friday morning.

Apple Truck Causes Traffic Jam
When 24 tonnes of apples are catapulted across a road it can only mean a jam.

Farmer Cleared Over Wolf Shooting
Furious animal rights campaigners have accused an Austrian farmer of lying after he shot dead a wolf that he claimed he thought was a fox.

Rare Bald Ibis Makes Microlight Flight To Italy
The project to introduce an extinct bird back to Europe is hailing success after successfully negotiating a new route over the Alps and training 14 Northern Bald Ibises how to fly south to winter feeding grounds in southern Tuscany.

Pat On The Back From Manure Explosive
A traffic cop in Austria got more than he bargained for after a booby trap covered him head-to-toe in manure as he was trying to catch people speeding.

Viennese Jihad Girl May Have Been Killed
Austrian police say that one of the two attractive young teenage girls who fled the country to go to Syria to fight on the side of Islamic rebels may have been killed.

Perversion of a Medical Dream
The Decline and Fall of the Otto Wagner Hospital, Vienna.

Fat Can Be Used To Burn Off Weight After New Patent Unveiled
It is being hailed as a sensation after scientists at an Austrian university patented a method that transforms fat storing cells into mini factories capable of actually destroying fat by burning it off.

 


Mala Vrata

The most popular stories –
last 7 days



Don't moan alone, the Ombudsman Investigates.

Why suffer in silence. Let off steam by letting our readers share your troubles. File your complaints about anything and everything here.

Our ombudsman David Rogers will try and help solve some of the problems from lazy civil servants through to incompetent companies – and at the very least the worst transgressors will end up in our weekly special report.


Austrian Zimmers