Thursday, 31. July 2014
30. 01. 13. - 17:00
By family law expert Matthias Loinig
On Monday Jan 21, 2013 the Viennese "Juristenverband" (the Viennese jurist’s union) called to a round-table discussion in regard to the new family law under the direction of Mag. Täubel- Weinreich, Dr. Brigitte Birnbaum and Dr. Rotraud Erhard.
Even in her introduction at the very beginning, Dr. Brigitte Birnbaum, a lawyer specialized in family law, made a clear statement in regard to the new family law.
According to her it would be an enormous project which has been put into effect extremely quickly. She described it as being like the "pregnancy of en elephant with a fall-birth".
The chairlady of the joint working group for family law, the family judge, Mag. Doris Täubel- Weinreich, approved of the major overhaul of the entire family law and of the focus on the child’s well-being.
Moreover she pointed out that 20 new judges will take up employment and that the new version of family court assistance, which runs until 2014, can be very successful.
The fact that the parties can agree on joint custody directly at the civil registry office with a revocation period being granted can be a great relief for the courts.
The "visitation right" is from now on called "contact right". Official authorizations of the competent family judge are no longer needed.
On the whole the chairwoman of the joint working group for family law appears to be confident and optimistic.
Dr. Rotraud Erhard of the department of forensic psychology of the Federal Association of Austrian psychologists, however, holds the view that the new draft law contains an enormous potential for conflicts at the children’s cost.
It may be a problem that a new authority, the so called family court assistance, is introduced in addition to the youth welfare office. In this authority there are no clinical psychologists, but mere psychologists. This, however, is a major shortcoming with the effect that the judge, again, has to call in a child psychologist in case of a custody battle, which extends the process.
Dr. Erhard also criticizes that although an obligation to confidentiality is imposed on doctors and psychologists, they have a duty to disclosure in regard to the family court assistance. This duty to disclosure can even be enforced by the court.
"This means that when I go to the doctor or to the psychologist, I have to take into account that the information I give to my doctor because of his obligation to confidentiality may end up at the family court assistance," says Dr. Erhard.
When the honorable audience started to ask questions in regard to the proposed joint custody, everybody listened carefully:
How can it be that in case of joint custody the parent with whom the child is living can go to a foreign country? How can this be in conformity with the Convention on the civil aspects of international child abduction?
Dr. Robert Fucik, head of the department of international family law in the Federal Ministry of Justice, is at the moment working on these problems and will publish a book on this topic. Apart from that, we will have to wait what the Austrian Supreme Court’s position will be.
What criteria will the judges use to find a quick solution for the "cooling down" period of 6 months?
Since everything is still open, it has to be first exactly determined when those 6 months start and when they end. Referring to this, we also will have to wait until the Supreme Court makes his first decisions.
If joint custody is not possible in a highly conflictual family situation, isn't the final result the same to what the law says until now, namely that joint custody can only work if the parents agree on it?
This will decide the judge. And: Of course, the Supreme Court
And the most important question: What are the fundamental changes compared to the actually family law?
This question could not really be answered by the experts:
Just one thing seems to be very clear:
The Supreme Court will have a lot of work from February 2013 and the 20 new judges will be needed much more there.
Teen Dying Of Cancer Killed At Charity Event After Ride In Porsche Goes Wrong
The family of a sick boy who was offered a trip in a high-performance Porsche because he was dying of cancer is suing the charity after the Porsche he was travelling in crashed head-on into oncoming traffic.
Japanese Pervert Planned Natascha Kampusch Style Kidnap
A Japanese man inspired by Austrian pervert Wolfgang Priklopil kidnapped a 10-year-old girl and kept her in a purpose-built cellar where he planned to train her to become the perfect wife.
German Hiker Yodels For Help After Getting Trapped In Cattle Grid
A portly hiker dressed in traditional Lederhosen was rescued after he yodeled for help after getting stuck for three hours in a cattle grid.
Austrian Wine Grower Sets New Record For Maturing Grapes
An award-winning Austrian winegrower is believed to have set a new record after leaving harvested grapes for an incredible nine months before fermenting them to create an ultra-sweet white and red wine.
Austrian Castle Owner Shocked By Airplane Wheel In Duck Pond
An Austrian castle owner got a shock after discovering this massive aircraft wheel had landed in his duck pond.
Glock Receives Austrian Award At Birthday Party
Austrian gun maker Gaston Glock has celebrated his 85th birthday with a huge ceremony in which the charitable work of himself and his wife Kathrin was honoured with a top Austrian award, and confirmation that this year two streets and a business park are to be named after him.
Sausage Surprise As Giant Wurst Is Pinched
Austrian police are hunting crooks who broke open a market stall and stole a 1.5 metre sausage worth over 2,000 EUR in the picture postcard village of St Michael in the region of Lungau.
Multi Coloured UFOs In Formation Over Austria
Austrian officials say they are baffled to explain a UFO sighting in which dozens of people reported seeing between 50 and 100 objects flying in formation.
Priests Furious After Porn Films Shot In Local Parish Church
A furious Austrian Catholic priest has complained to police after discovering a local woman had apparently been using his church as a studio to make porn films.
Two metre snake sends woman motorist fleeing
An Austrian motorist got a shock after noticing something hanging down from under her car – and realising it was a huge two metre snake that had ended up curled around the engine.
The most popular stories –
last 7 days
|Priest Claims Hate Texts Are From Demon Spirit|
|Teen Dying Of Cancer Killed At Charity Event After Ride In Porsche Goes Wrong|
|Ice Tea Worth 20K Stolen And Emptied So Bottles Can Be Sold For 11 GBP|
|Japanese Pervert Planned Natascha Kampusch Style Kidnap|
|Graffiti Artists Asked To Finish Off Vandalism Too Costly To Remove|
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.