Parental visiting rights in the time of Corona
Coronavirus also has effects in the family, especially with separated parents. The current pandemic is causing uncertainty, and it is also no longer possible to comply with already functioning and regulated rules of contact.
In such situations, we recommend using common sense to agree on a temporary and amicable solution between the parents, also using other means of contact (telephone, Skype or Facetime).
It is impossible to initiate contact proceedings in order to obtain a quick court decision on the upcoming right of contact at the weekend. The courts cannot decide so quickly.
If one of the parents is in domestic quarantine, it should in principle be possible to make up for the contact after the quarantine period. However, this does not happen automatically; such and separate arrangements must be agreed between the parents.
Furthermore, the duty of information between parents must be observed. If one parent is infected or in quarantine, the other parent must be informed immediately to protect the child.
According to the decree of the Italian Prime Minister of 08/03/2020, it is now only allowed to leave one's own home for work, medical reasons and necessary needs. The Italian government points out in this regard that the travel of the parent with whom the child does not live to see his or her minor child, in accordance with the court regulation on rights of access in the context of separation or divorce proceedings, is also considered a necessary need. Nevertheless, in several municipalities there were situations, evaluated differently, in which some parents were refused access to their children if they lived in a different municipality than the municipality of residence of the parent with whom the child lived.
On 11/03/2020, the Court of Milan ruled for the first time that the above-mentioned trips were always allowed if they were made in accordance with the judicial regulation of the right of access in the context of separation or divorce proceedings and therefore could not constitute a violation of the urgent measures to contain the spread of the Coronavirus.
In Germany, the Friedrichshain-Kreuzberg Youth Welfare Office in Berlin has pointed out that, in principle, contact with children during the Corona pandemic should not be suspended unless health reasons make this necessary (including in the cases already mentioned above). It is important not to further unsettle the children and not to change their everyday life in their close family environment. The Youth Welfare Office published useful recommendations at: https://www.berlin.de/ba-friedrichshain-kreuzberg/politik-und-verwaltung/aemter/jugendamt/fachdienste/erziehungs-und-familienberatung.
If you have any further questions, we will be happy to advise and support you.