Money to the ex-partner in exchange for access to the child? Such regulations can be immoral. The Federal Court of Justice (BGH) in Karlsruhe has now decided in a case.
Dealing with one’s own child after separation or divorce must not be tied to payments to the partner and thus not be forced. The Federal Court of Justice (BGH) described such an approach as immoral and overturned a decision by the lower court.
The case was heard between a German and his Peruvian ex-wife, who has been living in her home country with their children since 2011. In the course of the divorce, she demanded a so-called compensation for gains. As part of a settlement, she was awarded 60,000 euros, which was to be paid in three annual installments – but only due if there was three weeks of contact with the children in Germany beforehand.
The mother considers this comparison to be invalid, among other things because the child’s best interests had not been sufficiently examined. She requested that the proceedings for the equalization of gains should be continued regardless of the settlement. She lost in the lower court, but the BGH now agreed with her.
If the parents’ financial interests are contractually linked to contact with the child, there is always the risk that the type and duration of the contact would be largely determined by the parents’ economic interests. The child is then made into an object and exposed to special conflicts of loyalty, the chamber’s considerations continued. “The right of access is not subject to the parents’ free contractual discretion.” The Munich Higher Regional Court must now re-examine the case. (Ref.: XII ZB 385/23)
Source: Stern
I have been working in the news industry for over 6 years, first as a reporter and now as an editor. I have covered politics extensively, and my work has appeared in major newspapers and online news outlets around the world. In addition to my writing, I also contribute regularly to 24 Hours World.
