Parent – Child contact during COVID-19 epidemic
Neither the law nor any other legal title currently regulates exercising the right to contact with the child in time of emergency. Therefore, parents are obliged to try to reach a mutual agreement regarding the contacts which should be in the best interests of the child.
The Ministry of Justice has, however, already taken a position on this issue and urges the parents to act reasonably in such a way that they don`t jeopardize the benefit of the child. Such position is, however, legally non-binding and recommendatory in character.
If during the epidemic contacts cannot be exercised in accordance with the existing final court decision, court settlement or interim order and parents are unable to agree otherwise, a claim for a (new) interim order can be filed according to the Claim Enforcement and Security Act, with which the court temporarily determines the exercise of contacts between one of the parent and the child. An interim order may be issued either for the purpose of prohibiting contact with the child because of the risk of infection or because one of the parents unjustifiably prevents contacts. In each case, the courts give a decision, taking into account all circumstances of each particular case and the best interest of the child.
If one of parents prevents the contact determined by a final court decision, the court settlement or interim order, the other parent may in accordance with the Claim Enforcement and Security Act also initiate enforcement proceedings for the contact with the child.